Termination of an Arrangement Between the Commonwealth of Australia and the State of Queensland in Relation to the Gulf of Carpentaria Grey Mackerel Fishery

Overview

The Fisheries Management Act 1991 was enacted to address the need for effective management of fisheries in Australian waters, particularly those shared between the Commonwealth and the states. One such shared fishery is the Gulf of Carpentaria Grey Mackerel Fishery, which has been subject to a joint management arrangement between the Commonwealth and the State of Queensland since 2003. However, in recognition of the evolving needs and circumstances in managing this fishery, the Commonwealth and Queensland have agreed to terminate their existing arrangement and establish a new one. This decision is formalised in an instrument approved by the Commonwealth and Queensland, which provides for the termination of the existing arrangement and the establishment of a new one for the management of the fishery by Queensland under its laws. The instrument, which takes effect on the day after its publication in the Commonwealth Gazette, is a demonstration of the collaborative approach between the Commonwealth and Queensland in managing shared fisheries resources.

Scope and Application

The Termination of an Arrangement between the Commonwealth of Australia and the State of Queensland in Relation to the Gulf of Carpentaria Grey Mackerel Fishery applies to the Commonwealth and the State of Queensland, specifically in relation to a pre-existing arrangement for the management of the fishery under the Fisheries Management Act 1991 of the Commonwealth and the Fisheries Act 1994 of the State of Queensland. This legislation pertains to the management of the fishery in the Gulf of Carpentaria and the termination of the previous arrangement that had been in place since 2003, allowing for a new management arrangement to be established. The jurisdictional reach of this Act is limited to the Commonwealth and the State of Queensland, with its application extending only to the fishery management arrangement in question. The Act does not detail any exclusions, exemptions, or thresholds, and it is executed directly through the approved instrument without the need for subordinate instruments to extend or restrict its application. This Act terminates the specific arrangement between the Commonwealth and the State of Queensland regarding the management of the Gulf of Carpentaria Grey Mackerel Fishery and will take effect on the day following its publication in the Commonwealth Gazette.

Key Provisions

The main sections of this legislation detail the termination of an arrangement between the Commonwealth of Australia and the State of Queensland regarding the management of the Gulf of Carpentaria Grey Mackerel Fishery. Specifically, section 1 of the instrument states that the arrangement, which was made in 2003 and published in the Commonwealth Gazette, is terminated. This arrangement had provided for the management of the fishery by the Queensland Fisheries Joint Authority in accordance with Queensland law. The termination is authorised by subsection 75(1) of the Fisheries Management Act 1991 of the Commonwealth and subsection 133(1) of the Fisheries Act 1994 of the State of Queensland. This instrument takes effect on the day after it is published in the Commonwealth Gazette. The obligations imposed by this legislation primarily concern the formalisation and notification of the termination of the management arrangement. The Commonwealth and the State of Queensland must ensure that the termination is properly executed in accordance with the provisions of the Fisheries Management Act 1991 and the Fisheries Act 1994. Both parties have to follow the stipulated procedures to terminate the existing arrangement and potentially make a new arrangement for the management of the fishery. In terms of consequences for non-compliance, the legislation does not explicitly detail any specific offences, penalties, or consequences for breach. However, given that the termination of the arrangement is carried out in accordance with the enabling Acts, any failure to properly terminate the arrangement could potentially lead to legal challenges or disputes over the management of the fishery. The consequences would likely depend on the specific circumstances and the legal interpretations of the parties involved. The maximum penalties for any related offences would be determined by the provisions of the Fisheries Management Act 1991 and the Fisheries Act 1994.