Statutory Rules
1980 No. 13
REGULATIONS UNDER THE FISHERIES ACT 19521
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Fisheries Act 1952.
Dated this thirtieth day of January 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER MIXON
Minister of State for Primary Industry
Amendments of the Fisheries Regulations2
Short method of reference to “authorized areas”
1. Regulation 21 of the Fisheries Regulations is amended —
(a) by inserting in paragraph (a) of sub-regulation (2) “comprising the Australian fishing zone” after “waters” (first occurring);
(b) by omitting from paragraph (a) of sub-regulation (2) “and” (last occurring);
(c) by inserting in paragraph (b) of sub-regulation (2) “in the Australian fishing zone” after “waters”; and
(d) by adding at the end of sub-regulation (2) the following word and paragraph:
“; and (c) a reference to ‘the authorized area of the Australian fishing zone for Taiwanese vessels’ is the short method of reference to the area of proclaimed waters in the Australian fishing zone specified in Schedule 4.”.
Schedule 4
2. The Fisheries Regulations are amended by adding at the end thereof the following Schedule:
Schedule 4 Regulation 21
AUTHORIZED AREA OF THE AUSTRALIAN FISHING ZONE FOR TAIWANESE VESSELS
The area of the Australian fishing zone generally north and west of an imaginary line commencing at the point to the west of Australia on the parallel 21º south latitude that is 200 nautical miles seaward of the baseline from which the outer limits of the Australian fishing zone are measured; thence east along that parallel to its intersection with an imaginary line on which every point is 12 nautical miles seaward of that baseline; thence north-easterly along that imaginary line to its intersection with the meridian 117º east longitude; thence north along that meridian to its intersection with the parallel 20º south latitude; thence northerly and easterly along an imaginary line on which every point is 25 nautical miles seaward of that baseline to the intersection of that imaginary line with the meridian 123º east longitude; thence south along that meridian to its intersection with an imaginary line on which every point is 12 nautical miles seaward of that baseline; thence northerly and easterly along that imaginary line to its intersection with the meridian 129º 55' east longitude; thence north along that meridian to its intersection with the parallel 10º 30' south latitude; thence east along that parallel to its intersection with the meridian 133º east longitude; thence south along that meridian to its intersection with an imaginary line every point on which is 12 nautical miles seaward of that baseline; thence easterly along that imaginary line to the first intersection of that imaginary line with a straight imaginary line between the intersection of the parallel 11º 52' south latitude with the meridian 136º 33' east longitude at Cape Wilberforce in the Northern Territory and the intersection of the parallel 10º 59' south latitude with the meridian 142º 08' east longitude at Slade Point in Queensland; thence easterly along that imaginary line to its intersection with the meridian 141º east longitude; thence north along that meridian to its intersection with the parallel 10º 22' 44" south latitude.
1. Notified in the Commonwealth of Australia Gazette on 4 February 1980.
2. Statutory Rules 1954 No. 116 as amended by Statutory Rules 1968 Nos. 7 and 143; 1974 Nos. 211 and 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235.
Overview
The Statutory Rules 1980 No. 13, made under the Fisheries Act 1952, address the need for specific regulations governing the fishing activities of Taiwanese vessels within the Australian fishing zone. Enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations seek to delineate an authorised area for Taiwanese fishing vessels, ensuring compliance with Australia's maritime laws and promoting sustainable fishing practices. The policy objective is to provide clear guidelines and boundaries for fishing activities by Taiwanese vessels, thereby protecting marine resources and maintaining order within Australia's fishing zones.
Scope and Application
The Fisheries Regulations 1980, made under the Fisheries Act 1952, pertain to all vessels engaged in fishing activities within the Australian fishing zone, including vessels from Taiwan as specified. These regulations define the authorised areas for Taiwanese vessels within the Australian fishing zone, particularly outlining a designated area north and west of an imaginary line starting at a specific point west of Australia, extending along various meridians and parallels to create a defined fishing zone. This jurisdictional reach applies to the entire Commonwealth of Australia, governing fishing activities and setting boundaries for fishing operations within the Australian fishing zone. The regulations extend their application through subordinate instruments, which further detail the specifics of fishing activities, including licensing and compliance measures, thereby ensuring adherence to the provisions set forth in the Fisheries Act 1952.
Key Provisions
The primary operative sections of the Statutory Rules 1980 No. 13, titled "Regulations under the Fisheries Act 1952," involve amendments to the Fisheries Regulations. Regulation 21 is specifically amended (section 1), which modifies the definition of "authorized areas" to include a reference to "the authorized area of the Australian fishing zone for Taiwanese vessels" (section 1(a)-(d)). This amendment adds a new paragraph (c) to sub-regulation (2) of Regulation 21, defining the specific area within the Australian fishing zone that is authorised for Taiwanese vessels. Schedule 4 provides a detailed description of this area, outlining the geographical coordinates and boundaries that delimit it.
The amendments impose specific obligations on the parties or entities governed by the Fisheries Act 1952. These entities must now comply with the defined authorised area for Taiwanese vessels within the Australian fishing zone, as specified in Schedule 4. This includes ensuring that Taiwanese vessels operate only within the boundaries delineated, which is critical for managing fisheries resources and maintaining maritime order. The regulations also necessitate adherence to the new short method of reference for the authorised area, which facilitates clearer communication and enforcement within the regulatory framework.
Breaches of these regulations can result in significant consequences. Offences under the Fisheries Act 1952 may lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may include imprisonment. The exact penalties depend on the nature and severity of the breach, as outlined in the Act. The maximum penalties for serious violations are stipulated in the Fisheries Act 1952, ensuring that there are clear deterrents against non-compliance. The precise penalties must be referred to within the context of the primary Act, as the Regulations themselves do not detail the specific maximum penalties but rather reference the overarching legislative framework.