Fisheries Management (Sedentary Organisms) Proclamation 2015

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2015L01403 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture

 

Fisheries Management Act 1991

 

Fisheries Management (Sedentary Organisms) Proclamation 2015

 

Legislative Authority

The Fisheries Management Act 1991 (the Act) provides the legislative framework governing the management of Commonwealth fisheries. The Act includes the objectives that guide fisheries management arrangements, a requirement to hold fishing concessions in order to be allowed to fish, and the surveillance and enforcement powers available to the Commonwealth in ensuring compliance with the Act. 

 

Subsection 12(1) of the Act provides that the Governor‑General may, by Proclamation, declare that the Act applies to sedentary organisms that are part of the Australian continental shelf. 

 

Purpose

 

Under subsections 12(2) and 12(3) of the Act, fishing for the declared sedentary organisms is prohibited unless it is authorised by a fishing concession.
 

The Fisheries Management (Sedentary Organisms) Proclamation 2015 (the Proclamation) repealed and replaced the Proclamation made on 12 December 1995 and applies to all of Australia’s continental shelf, including the ‘extended continental shelf’ that extends beyond Australia’s exclusive economic zone. As a result the Proclamation provides a more extensive list of sedentary organisms than the former Proclamation and reflects knowledge of the sedentary species known to exist on Australia’s extended continental shelf.

 

Background

 

By application of subsections 12(2) and 12(3) of the Act, fishing for the declared sedentary organisms, by both Australian and foreign fishers, is prohibited, except as authorised by a fishing concession granted under the Act. Accordingly, the inclusion in the Proclamation of a comprehensive list of species enables the Australian Fisheries Management Authority to manage exploitation of those organisms in the same way that it manages the exploitation of fisheries resources more broadly.   

 

The Proclamation applies to all of Australia’s continental shelf, including the ‘extended continental shelf’ beyond 200 nautical miles from the territorial sea baseline (which therefore extends beyond Australia’s exclusive economic zone). The Proclamation is the first Proclamation of sedentary species since Australia proclaimed the outer limits of its extended continental shelf in 2012, pursuant to the recommendation of the UN Commission on the Limits of the Continental Shelf in 2008.









Consultation

 

The following agencies were consulted during the development of the proposed Proclamation:

  • the Department of the Environment;
  • the Department of Foreign Affairs and Trade;
  • Geo-Science Australia;
  • the Commission for the Conservation of Antarctic Marine Living Resources Consultative Forum, which includes representatives of industry and Non-Government Organisations;
  • the Office of Best Practice Regulation (OBPR reference 19203);
  • the Office of Parliamentary Counsel, which provided legislative drafting services for the drafting of the regulations; and
  • a number of scientific experts, including from the Queensland Museum, the Western Australian Museum, the Commonwealth Scientific and Industry Research Organisation; and the Northern Territory Department of Fisheries and Primary Industry.
     

The new Proclamation has minimal impact on the Australian fishing industry as it has no application to State or Territory managed fisheries, and those who fish in Commonwealth managed fisheries, under the Act, generally do not fish for sedentary species.

 

The details of the new Proclamation are set out in Attachment A.

 

The new Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The new Proclamation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out Attachment B. 

 


Attachment A

 

 

Details of the Fisheries Management (Sedentary Organisms) Proclamation 2015

 

Section 1 – Name of Proclamation
This section provides that the Proclamation is to be cited as the Fisheries Management (Sedentary Organisms) Proclamation 2015.

Section 2 – Commencement
This section provides for the Proclamation to commence on 1 October 2015.

Section 3 – Authority
This section provides that the Proclamation is made under subsection 12(1) of the Fisheries Management Act 1991.

Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to the Proclamation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule has effect according to its terms.

Section 5 – Definitions
This section provides that in the Proclamation ‘Act’ means the Fisheries Management Act 1991.

Section 6 – Sedentary organisms to which the Act applies – animals
This section provides that an organism is declared to be a sedentary organism to which the Act applies if the organism belongs to:

(a)    a phylum specified in column 1 of an item in the table in section 6; and

(b)    if one or more sub-categories of the phylum is specified in column 2 of that item – one of the specified sub-categories. 

Section 7 – Sedentary organisms to which the Act applies – plants
This section provides that an organism is declared to be a sedentary organism to which the Act applies if the organism belongs to:

(a)    a division specified in column 1 of an item of the table in section 7; and

(b)    if one or more sub-categories of the division is specified in column 2 of that item – one of the specified sub-categories.


Attachment B
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Fisheries Management Act 1991 provides the overarching legislative framework for managing Commonwealth fisheries, including the objectives and requirements for managing sedentary organisms found on the Australian continental shelf. The 2015 Proclamation, enacted under this Act, expands the scope of sedentary organisms subject to Commonwealth management to include all of Australia’s continental shelf, including the extended continental shelf beyond the exclusive economic zone. This addresses the need for comprehensive management of these resources, reflecting updated knowledge of species distribution and the broader ecological significance of these organisms. The Proclamation was developed in consultation with various federal agencies and scientific experts to ensure it is scientifically informed and aligned with Australia’s international obligations. The objective of the Proclamation is to ensure that fishing for sedentary organisms is only conducted under the authority of a fishing concession, thereby maintaining the integrity of the management regime established by the Fisheries Management Act. The Fisheries Management (Sedentary Organisms) Proclamation 2015 was issued by the Governor-General under the authority of the Fisheries Management Act 1991. It aims to manage fishing activities for sedentary organisms across the entire continental shelf, including the extended continental shelf. By specifying a comprehensive list of sedentary organisms, the Proclamation allows the Australian Fisheries Management Authority to regulate their exploitation effectively, ensuring sustainable use and conservation of these resources. The Proclamation came into effect on 1 October 2015 and is expected to have minimal impact on the Australian fishing industry, as it does not apply to State or Territory managed fisheries and does not typically affect those fishing in Commonwealth fisheries.

Scope and Application

The Fisheries Management (Sedentary Organisms) Proclamation 2015, issued under the Fisheries Management Act 1991, extends the application of the Act to sedentary organisms on Australia’s continental shelf, including the extended continental shelf beyond the exclusive economic zone. This Proclamation applies to all sedentary organisms identified in the Schedules, prohibiting fishing for these organisms unless authorised by a fishing concession. The scope of the Proclamation is extensive, covering both Australian and foreign fishers, and it is designed to manage the exploitation of these sedentary species similarly to other fisheries resources. The geographic reach of this Proclamation is national, applying to all of Australia's continental shelf. It is noteworthy that the Proclamation does not affect state or territory-managed fisheries, and generally, fishers operating under the Commonwealth Act do not target sedentary species. The Proclamation is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Fisheries Management (Sedentary Organisms) Proclamation 2015 applies the Fisheries Management Act 1991 to sedentary organisms found on Australia’s continental shelf, including the extended continental shelf beyond Australia’s exclusive economic zone. Section 6 of the Proclamation identifies sedentary organisms by phylum, and in some cases, by sub-category within the phylum. Similarly, section 7 of the Proclamation identifies sedentary organisms by division, and also by sub-category where applicable. These sections work in conjunction with section 12(1) of the Act, which allows the Governor-General to declare that the Act applies to sedentary organisms on the continental shelf. Under the Proclamation, fishing for sedentary organisms is prohibited unless authorised by a fishing concession granted under the Act. This requirement is outlined in sections 12(2) and 12(3) of the Act, which the Proclamation implements by providing a comprehensive list of sedentary organisms subject to the prohibition. The inclusion of this list ensures that sedentary organisms are managed under the same regulatory framework as other fisheries resources within the Commonwealth’s jurisdiction. The obligations imposed by the Proclamation are primarily directed towards those seeking to engage in fishing activities involving sedentary organisms. These obligations include obtaining a fishing concession as required by sections 12(2) and 12(3) of the Act. Failure to comply with these requirements can lead to serious legal consequences, as detailed in the Fisheries Management Act 1991. Any person or entity found fishing for sedentary organisms without the requisite concession may be subject to enforcement actions, including potential criminal charges and penalties. The Act provides for various offences and penalties for breaches of its provisions. For instance, unauthorised fishing activities may result in civil penalties as stipulated in section 137 of the Act, which can include fines and other financial penalties. Additionally, section 140 of the Act outlines criminal offences, which may incur penalties such as imprisonment or substantial fines. The exact penalties depend on the severity and frequency of the breach, but they serve as a deterrent against non-compliance with the regulatory requirements established by the Proclamation and the Act.

Legal classification tags

Area of Law
Environmental Law
Instrument
Proclamation
Concepts
Definitions & Interpretation
Regulatory Standards
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.