Termination of an Arrangement Between the Commonwealth of Australia and the State of Queensland in Relation to the Fishery for Northern Demersal and Pelagic Finfish in the Gulf of Carpentaria

Overview

The Termination of an Arrangement between the Commonwealth of Australia and the State of Queensland in Relation to the Fishery for Northern Demersal and Pelagic Finfish in the Gulf of Carpentaria, Gazetted in 2021, represents a formal legislative instrument aimed at ending a pre-existing cooperative management arrangement for fisheries in the Gulf of Carpentaria. This arrangement, initially established under the Fisheries Management Act 1991 of the Commonwealth and the Fisheries Act 1994 of the State of Queensland, was designed to facilitate the management of the Northern Demersal and Pelagic Finfish fishery by the Queensland Fisheries Joint Authority in accordance with Queensland law. Both the Commonwealth and the State have exercised their respective powers to terminate this arrangement, enabling them to negotiate and implement a new management framework for the fishery. The termination, approved by the Assistant Minister for Forestry and Fisheries for the Commonwealth and the Minister for Agricultural Industry Development and Fisheries for the State of Queensland, was made with the mutual intent of addressing evolving management needs and policy objectives concerning the sustainable management of fishery resources in the region.

Scope and Application

This instrument pertains to the termination of a prior arrangement between the Commonwealth of Australia and the State of Queensland concerning the management of the Northern Demersal and Pelagic Finfish fishery in the Gulf of Carpentaria. The arrangement, originally established under subsection 71(1) of the Commonwealth's Fisheries Management Act 1991 and the State's Fisheries Act 1994, is being terminated in accordance with the powers provided by subsections 75(1) of the Management Act and 133(1) of the State Act. This legislative action applies to the entities and persons involved in the fishery management within the specified geographic scope of the Gulf of Carpentaria. The instrument is effective from the day after its publication in the Commonwealth Gazette, thereby formally ceasing the previous arrangement and allowing for a new agreement to be established. The termination does not specify any exclusions, exemptions, or thresholds in the text provided, and there is no indication that the application of this Act extends or is restricted by subordinate instruments.

Key Provisions

The primary operative sections of the Termination of an Arrangement between the Commonwealth of Australia and the State of Queensland in relation to the Fishery for Northern Demersal and Pelagic Finfish in the Gulf of Carpentaria (C2021G00876) are sections 75(1) of the Fisheries Management Act 1991 and 133(1) of the Fisheries Act 1994. These sections provide the legal framework for the termination of the existing arrangement for the management of the fishery, allowing for the implementation of a new management arrangement. The termination, as stated in the recitals, was agreed upon by both the Commonwealth and the State of Queensland, and it is set to take effect on the day following its publication in the Commonwealth Gazette. The obligations imposed by this legislation on the parties involved are primarily administrative in nature. The Commonwealth, represented by the Assistant Minister for Forestry and Fisheries, and the State of Queensland, represented by the Minister for Agricultural Industry Development and Fisheries, are required to formally execute the termination instrument. The obligation to publish the instrument in the Commonwealth Gazette ensures that the public is informed of the changes in the legal framework governing the fishery management. Breaches of this legislation or its resultant administrative arrangements could lead to various civil or criminal consequences, depending on the nature and severity of the breach. Under the Fisheries Management Act 1991, penalties for non-compliance with fishery management regulations can include substantial fines, imprisonment, or both, depending on the seriousness of the offence. For example, offences related to illegal fishing activities can result in fines of up to $55,000 for individuals and significantly higher amounts for corporations, alongside potential imprisonment terms. Similarly, under the Fisheries Act 1994, penalties for breaches of the Act can include fines of up to $110,000 for individuals and much higher amounts for corporations, with the potential for imprisonment. The exact penalties are determined by the courts based on the specific circumstances of each case, but the potential for significant financial and custodial penalties underscores the seriousness with which breaches of these Acts are treated.