TERMINATION OF AN ARRANGEMENT BETWEEN THE COMMONWEALTH AND THE STATE OF WESTERN AUSTRALIA IN RELATION TO THE JOINT AUTHORITY DEMERSAL GILLNET AND LONGLINE FISHERY IN WATERS SOUTH OF LATITUDE 33° SOUTH
This ARRANGEMENT is made between the Commonwealth of Australia (“the Commonwealth”) and the State of Western Australia (“the State”).
WHEREAS:
(a) The Commonwealth and the State entered into the “Arrangement between the Commonwealth and the State of Western Australia in relation to the Joint Authority Demersal Gillnet and Longline Fishery in waters south of Latitude 33° South” as was published in the Commonwealth of Australia Gazette No. GN 4 at page 349 to 352 on 1st February 1995 (“the Joint Authority Arrangement”).
(b) The Joint Authority Arrangement provides that, pursuant to section 71 of the Fisheries Management Act 1991 (“the Commonwealth Act”) and the then section 8H of the Fisheries Act 1905 (WA) (“the Repealed State Act”), fishing for specified species of fish by means of demersal gillnet and longline within coastal waters and waters of the Australian fishing zone that lie within the area described in Schedule 2 to the then Petroleum (Submerged Lands) Act 1967 (“the Repealed Petroleum Act”) under the heading “Area that includes the Adjacent Area in respect of Western Australia” south of Latitude 33° South is to be managed by the Western Australian Fisheries Joint Authority in accordance with the law of Western Australia.
(c) Despite the repeal of the Repealed Petroleum Act, the reference in clause 2 of the Arrangement to the “Area that includes the Adjacent Area in respect of Western Australia” in Schedule 2 to the Repealed Act is now read to be a reference to the “Scheduled area for Western Australia” in item 5 of Schedule 1, to the Offshore Petroleum and Greenhouse Gas Storage Act 2006, by the application of paragraph 10(c) of the Acts Interpretation Act 1901.
(d) Item 7 of Schedule 3 to the Fish Resources Management Act 1994 (WA) (“the State Act”) provides that an arrangement made under section 8H of the Repealed State Act and in force immediately before the commencement of the State Act continues in force, on commencement of the State Act, as if the arrangement had been made under section 22 of the State Act.
(e) Subsection 75(1) of the Commonwealth Act provides that an arrangement made under, inter alia, section 71 of the Commonwealth Act may be terminated by instrument approved by the Commonwealth Minister responsible for administering the Commonwealth Act and the State Minister responsible for administering the State Act.
(f) Subsection 22(2) of the State Act provides that an arrangement made under section 71 of the Commonwealth Act may be terminated as provided by subsection 75(1).
NOW IT IS MUTUALLY ARRANGED as follows:
(1) The Joint Authority Arrangement as described in paragraph (a) of the recitals to this instrument is, pursuant to subsection 75(1) of the Commonwealth Act and subsection 22(2) of the State Act, terminated.
(2) This Arrangement to terminate the Joint Authority Arrangement will take effect for the purpose of subsection 75(2) of the Commonwealth Act on 1 December 2018.
The Hon. Anne Ruston
Assistant Minister for Agriculture and Water Resources
on behalf of the Commonwealth under
the Fisheries Management Act 1991
in the presence of
__________________________ Date: 30 July 2018
The Hon. David Kelly
Minister for Water; Fisheries; Forestry; Innovation and ICT;
Science on behalf of the State
under the Fish Resource Management Act 1994
in the presence of
______________________________ Date: 14 July 2018
Overview
The Termination of an Arrangement between the Commonwealth and the State of Western Australia in relation to the Joint Authority Demersal Gillnet and Longline Fishery in Waters South of Latitude 33° South was enacted in 2018. This arrangement was introduced to address the need to terminate the existing joint management agreement between the Commonwealth and the State of Western Australia concerning the demersal gillnet and longline fishery in specified waters. The enactment was conducted by the Commonwealth of Australia and the State of Western Australia, with the policy objective being to provide a clear and formal mechanism for the termination of the Joint Authority Arrangement as outlined in the Fisheries Management Act 1991 and the Fish Resources Management Act 1994. The Arrangement was mutually agreed upon and took effect on 1 December 2018.
Scope and Application
The Termination of an Arrangement between the Commonwealth and the State of Western Australia in Relation to the Joint Authority Demersal Gillnet and Longline Fishery in Waters South of Latitude 33° South Act pertains to the cessation of a pre-existing cooperative management arrangement concerning specified fishing practices in designated maritime waters. The Act applies to the Commonwealth of Australia and the State of Western Australia, focusing on the management of the demersal gillnet and longline fishery within coastal waters and Australian fishing zone waters located south of Latitude 33° South. This maritime area is governed by the laws of Western Australia through the Western Australian Fisheries Joint Authority. The Act formally terminates the previously established Joint Authority Arrangement, which had been managing these fishing practices under the Fisheries Management Act 1991 for the Commonwealth and the Fisheries Act 1905 (since repealed and replaced by the Fish Resources Management Act 1994) for Western Australia. The termination of this arrangement is effective from 1 December 2018, as stipulated by the provisions of the Fisheries Management Act 1991 and the Fish Resources Management Act 1994.
Key Provisions
The main operative sections of this legislation concern the termination of an existing arrangement between the Commonwealth of Australia and the State of Western Australia regarding the Joint Authority Demersal Gillnet and Longline Fishery in waters south of latitude 33° South. Specifically, section 1 of the Arrangement states that the Joint Authority Arrangement is terminated pursuant to subsection 75(1) of the Fisheries Management Act 1991 (Commonwealth Act) and subsection 22(2) of the Fish Resources Management Act 1994 (State Act). Section 2 sets the effective date of this termination as 1 December 2018. The Joint Authority Arrangement, initially published in the Commonwealth of Australia Gazette No. GN 4 at page 349 to 352 on 1 February 1995, concerned the management of fishing for specified species of fish by means of demersal gillnet and longline within specified waters. This Arrangement has been in force under the law of Western Australia and managed by the Western Australian Fisheries Joint Authority.
The Act imposes certain obligations and requirements on the Commonwealth and the State of Western Australia. The Commonwealth, through the Minister for Agriculture and Water Resources, and the State of Western Australia, through the Minister for Water, Fisheries, Forestry, Innovation and ICT, Science, have mutually agreed to terminate the Joint Authority Arrangement. This agreement has been formalised in writing and signed by the respective ministers, indicating a shared understanding and commitment to the termination. The termination is effective from 1 December 2018, as stipulated in section 2 of the Arrangement. The process of termination follows the legal frameworks outlined in the Fisheries Management Act 1991 and the Fish Resources Management Act 1994, ensuring that the actions taken are in accordance with applicable laws.
The termination of the Joint Authority Arrangement does not inherently include specific offences or penalties for breach, as it primarily serves to end an existing agreement rather than to impose new regulatory requirements. However, the underlying Acts—the Fisheries Management Act 1991 and the Fish Resources Management Act 1994—contain provisions that could be invoked if any party fails to comply with the terms of the termination or related fishing regulations. For instance, under the Fisheries Management Act 1991, unauthorised fishing activities could lead to offences such as illegal fishing, which carries potential civil penalties including fines of up to $1.65 million for corporations and $330,000 for individuals, as well as criminal penalties such as imprisonment. The Fish Resources Management Act 1994 also includes provisions for penalties for non-compliance with fishing regulations, including fines and imprisonment, although the exact penalties would depend on the nature and severity of the breach.