STATUTORY RULES.
1954. No. .
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REGULATION UNDER THE PEARL FISHERIES ACT 1952-1953.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Pearl Fisheries Act 1952-1953.
Dated this twelfth
day of May, 1954.
Deputy of the Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture.
Amendments of the Pearl Fisheries Regulation.†
The Third Schedule to the Pearl Fisheries Regulations is amended—
(a) by inserting after the descriptions of. the area of waters shortly described in the first column of that Schedule as Sub-area 19 of the Northern Territory Division the following words :—
“ Sub-area 20 of the Northern Territory Division | The area of waters bounded by a line commencing at the intersection of the parallel 11 degrees 34 minutes south latitude with the meridian 135 degrees east longitude ; thence proceeding along that parallel to its intersection with the meridian 135 degrees 51 minutes east longitude ; thence proceeding in a straight line to the intersection of the parallel 10 degrees 49 minutes south latitude with the meridian 136 degrees 46 minutes east longitude ; thence proceeding along that meridian to its intersection with the parallel 9 degrees 32 minutes south latitude ; thence proceeding in a straight line to the intersection of the parallel 9 degrees 2 minutes south latitude with the meridian 135 degrees 38 minutes east longitude ; thence proceeding along that parallel to its intersection with the meridian 135 degrees east longitude ; thence proceeding along that meridian to the point of commencement.” ; and |
* Notified in the Commonwealth Gazette on , 1954.
† Statutory Rules 1953, No. 84.
1859.—Price 3d. 10/21.4.1954.
(b) by omitting from the full description of the area of waters shortly described in the first column of that Schedule as the Papuan Division the words—
“ thence following the shores of that island at high water mark generally easterly as far as East Cape and thence generally north-easterly to the intersection of the south-eastern shore of the island of New Guinea with the parallel 8 degrees south latitude ”
and inserting in their stead the words—
“ thence following the shores of that island at high water mark generally easterly as far as East Cape and thence generally north-westerly to the intersection of the north-eastern shore of the island of New Guinea at high water mark with the parallel 8 degrees south latitude ”.
By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Pearl Fisheries Regulation 1954, made under the Pearl Fisheries Act 1952-1953, was enacted to amend the existing regulatory framework governing pearl fisheries in Australian waters. The regulation was introduced to address specific gaps in the management of pearl fishing areas within the Northern Territory and Papuan Divisions. The regulation was made by the Governor-General in Council, acting on the advice of the Minister of State for Commerce and Agriculture. The policy objective behind this regulation is to ensure that the pearl fisheries are managed effectively and sustainably, including by delineating specific areas for pearl fishing activities and adjusting the boundaries of existing fishing zones to better reflect the geographical and environmental realities of the regions involved.
Scope and Application
The Pearl Fisheries Regulation 1954, made under the Pearl Fisheries Act 1952-1953, applies to the regulation of pearl fishing activities within specific geographic areas of Australia, particularly focusing on the Northern Territory and Papuan Division. The Act governs the conduct of individuals and entities involved in pearl fishing, ensuring compliance with the designated boundaries and practices stipulated within the regulation. These boundaries are precisely defined in the Third Schedule of the Regulations, where Sub-area 20 of the Northern Territory Division is newly described, and adjustments are made to the Papuan Division to refine the geographical reach of the regulation. This legislative instrument provides a clear delineation of the permissible areas for pearl fishing, ensuring that the activities are conducted within the bounds set forth by the regulation. The regulation extends its jurisdictional reach to both the Northern Territory and the Papuan Division, thereby applying to all pearl fishing operations within these specified waters. Any exclusions or exemptions from the regulation would need to be explicitly stated within the primary Act or the regulation itself, but as presented, the geographic and operational parameters are tightly controlled to ensure the sustainable management of pearl fishing activities.
Key Provisions
The main operative sections of this legislation pertain to amendments made to the Pearl Fisheries Regulation. Specifically, it modifies the boundaries of the Northern Territory Division's Sub-area 19 and the Papuan Division. Sub-area 20 of the Northern Territory Division is newly defined, extending from a specified starting point and concluding at a particular meridian (section 1(a)). Additionally, there is a modification to the description of the area of waters in the Papuan Division, adjusting the direction of travel from the shores of the island to a new endpoint (section 1(b)). These changes are set out in the Third Schedule to the Pearl Fisheries Regulations and are aimed at refining the jurisdictional waters under the Pearl Fisheries Act 1952-1953.
The amended regulation imposes specific obligations on the parties governed by the Pearl Fisheries Act. These obligations primarily revolve around adhering to the newly defined boundaries of the designated sub-areas. Fishers and other stakeholders must ensure their activities comply with these updated geographical demarcations, which are now clearly outlined in the amended Third Schedule. This includes obtaining any necessary permits or licenses that pertain to these newly defined areas and abiding by the regulations that govern pearl fishing in those waters.
Failure to comply with the provisions of the Pearl Fisheries Act and its amended regulations may result in various civil or criminal consequences. While the specific offences and penalties are not detailed within the text of this legislative instrument, it is implied that breaches of the Act could lead to penalties as prescribed by the Act itself. Typically, such penalties could range from fines to more severe legal consequences depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the provisions outlined in the Pearl Fisheries Act 1952-1953.