Torres Strait Fisheries Act 1984 - Proclamation (07/02/1985)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2008B00753 In force Legislative Instrument

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PrOCLAMATION

commonwealth of
Australia
N. M. STEPHEN
Governor-General

By His Excellency the
Governor-General of
the Commonwealth of
Australia

 

 

Whereas it is provided by sub-section 15 (1) of the Torres
Strait Fisheries Act 1984 that the Governor-General may, by Proclamation, declare an area of waters specified in the Proc-
lamation that is adjacent to the Protected Zone and to the
south of the line described in Annex 5 to the Torres Strait
Treaty to be an area outside but near the Protected Zone for
the purposes of the performance, in the course of commercial
fishing, of any activity that is included in a class of activities by
way of commercial fishing specified in the Proclamation:

 and whereas it is provided by sub-section 15 (3) of
that Act that the Governor-General shall not make a Procla-
mation under sub-section 15 (1) in relation to an area that is
wholly or partly within the coastal waters of Queensland un-
less the Governor-General is satisfied that the Minister and
the Queensland Minister have agreed that the Proclamation
be made in relation to that area:

 AND WHEREAS i am satisfied that the Minister and the Queensland Minister have agreed that this Proclamation be
made under sub-section 15 (1) in relation to the areas of
waters specified below:

 NOW THEREFORE I, SIR NINIAN MARTIN
STEPHEN, the Governor-General of the Commonwealth of
Australia, acting with the advice of the Federal Executive
Council, in pursuance of sub-section 15 (1) of the Torres
Strait Fisheries Act 1984, hereby –

 (a) declare the area of waters specified in Schedule 1 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
prawns;

 (b) declare the area of waters specified in Schedule 2 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
tropical rock lobster;

 (c) declare the area of waters specified in Schedule 3 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
Spanish mackerel;

 (d) declare the area of waters specified in Schedule 4 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
dugong;

 (e) declare the area of waters specified in Schedule 5 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
turtles;

 (f) declare the area of waters specified in Schedule 6 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
 

 

 

  cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
pearl shell; and

 (g) declare that in a Schedule to this Proclamation
"Fisheries Jurisdiction Line" means the line referred to
in paragraph (a) of the definition of "area of Aus-
tralian jurisdiction" in sub-section 3 (1) of the Torres
Strait Fisheries Act 1984.

_________________________

SCHEDULE 1

AREA DECLARED IN RESPECT OF COMMERCIAL FISHING FOR PRAWNS

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

 (1) commencing at the point of Latitude 10°28'00" South, Longitude 142°09'00" East;

 (2) running thence east along the parallel of Latitude
10°28'00" South to its intersection by the meridian of
Longitude 144°00'00" East;

 (3) thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

 (4) thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

 (5) thence south along that meridian to its northernmost intersection by the coastline of Cape York Peninsula at
low water;

 (6) thence generally south-westerly along the western
coastline of Cape York Peninsula, that is along the
low water line on that coast and across any river
mouth, to its intersection by the meridian of Longitude 142°09'00" East;

 (7) thence north along that meridian to the point of
commencement.

_________________________

SCHEDULE 2

AREA DECLARED IN RESPECT OF COMMERCIAL FISHING FOR TROPICAL ROCK LOBSTER

The area of waters (excluding any waters within the limits of Queensland) bounded by a line -

 (1) commencing at the point of Latitude 10°48'00" South, Longitude 141°20'00" East;

 (2) running thence north along the meridian of Longitude 141°20'00" East to its intersection by the parallel of
Latitude 10°28'00" South;

 (3) thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

 (4) thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

 (5) thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

 (6) thence south along that meridian to its northernmost intersection by the coastline of  Cape York Peninsula at
low water;

 (7) thence generally south-westerly along the western
coastline of Cape York Peninsula, that is along the
low water line on that coast and across any river
mouth, to its intersection by the parallel of Latitude
10°48'00" South;

 (8) thence west along that parallel to the point of
commencement.
 


SCHEDULE 3

area declared in respect of commercial fishing for Spanish mackerel

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

 (1) commencing at the point of Latitude 10°48'00" South, Longitude 141°20'00" East;

 (2) running thence north along the meridian of Longitude 141°20'00" East to its intersection by the parallel of
Latitude 10°28'00" South;

 (3) thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

 (4) thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

 (5) thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

 (6) thence south along that meridian to its northernmost intersection by the coastline of  Cape York Peninsula at
low water;

 (7) thence generally south-westerly along the western
coastline of Cape York Peninsula, that is along the low
water line on that coast and across any river mouth, to
its intersection by the parallel of Latitude 10°48'00"
South;

 (8) thence west along that parallel to the point of
commencement.

_________________________

SCHEDULE 4

area declared in respect of commercial fishing for dugong

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

 (1) commencing at the point of Latitude 11°10'00" South, Longitude 141°01'00" East;

 (2) running thence north along the meridian of Longitude 141°01'00" East to its intersection by the Fisheries
Jurisdiction Line;

 (3) thence north-easterly along that line to its intersection
by the meridian of Longitude 141°20'00" East;

 (4) thence south along that meridian to its intersection by
the parallel of Latitude 10°28'00" South;

 (5) thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

 (6) thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

 (7) thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

 (8) hence south along that meridian to its northernmost
intersection by the coastline of Cape York Peninsula at
low water;

 (9) thence generally south-westerly along the western
coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to
its intersection by the parallel of Latitude 11°10'00"
South;

 (10)thence west along that parallel to the point of
commencement.

_________________________

SCHEDULE 5

arEa declared in respect of commercial fishing for turtles

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

 (1) commencing at the point of Latitude 11°10'00" South, Longitude 141°01'00" East;

 (2) running thence north along the meridian 141°01'00"
East to its intersection by the Fisheries Jurisdiction
Line;

 

 (3) thence north-easterly along that line to its intersection
by the meridian of Longitude 141°20'00" East;

 (4) thence south along that meridian to its intersection by
the parallel of Latitude 10°28'00" South;

 (5) thence east along that parallel to its intersection by the
meridian of Longitude 144°10'00" East;

 (6) thence north-easterly along the geodesic to the point
of Latitude 10°15'00" South, Longitude 144°12'00"
East;

 (7) thence north-easterly along the geodesic to the point
of Latitude 9°54'00" South, Longitude 144°28'00"
East;

 (8) thence north along the meridian of Longitude
144°28'00" East to its intersection by the Fisheries
Jurisdiction Line;

 (9) thence south-easterly along that line to its intersection
by the meridian of Longitude 144°40'00" East;

 (10)thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

 (11)thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

 (12)hence south along that meridian to its northernmost
intersection by the coastline of Cape York Peninsula at
low water;

 (13)thence generally south-westerly along the western
coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to
its intersection by the parallel of Latitude 11°10'00"
South;

 (14)thence along that parallel to the point of
commencement.

_________________________

SCHEDULE 6

area declared in respect of commercial fishing for pearl shell

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

 (1) commencing at the point of Latitude 11°10'00" South, Longitude 141°01'00" East;

 (2) running thence north along the meridian of Longitude 141°01'00" East to its intersection by the Fisheries
Jurisdiction Line;

 (3) thence north-easterly along that line to its intersection
by the meridian of Longitude 141°20'00" East;

 (4) thence south along that meridian to its intersection by
the parallel of Latitude 10°28'00" South;

 (5) thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

 (6) thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

 (7) thence west along that parallel to its intersection by
the meridian of Longitude142°31'49" East;

 (8) thence south along that meridian to its northernmost
intersection by the coastline of Cape York Peninsula at
low water;

 (9) thence generally south-westerly along the western
coastline of Cape York Peninsula, that is along the low
water line on that coast and across any river mouth, to
its intersection with the parallel of Latitude 11°10'00"
South;

 (10)thence west along that parallel to the point of
commencement.

(L.S.) GIVEN under my Hand and the Great Seal of
Australia on 7 February 1985.

By His Excellency's Command,

JOHN KERIN

Minister of State for Primary Industry

GOD SAVE THE QUEEN!

Overview

The Torres Strait Fisheries Proclamation 1985 was enacted by the Governor-General of the Commonwealth of Australia in accordance with sub-section 15(1) of the Torres Strait Fisheries Act 1984. The primary purpose of this proclamation is to declare specific areas of waters, adjacent to the Protected Zone and south of the line described in Annex 5 to the Torres Strait Treaty, for the purpose of allowing certain commercial fishing activities. The proclamation facilitates the performance of commercial fishing activities such as prawn, tropical rock lobster, Spanish mackerel, dugong, turtle, and pearl shell fishing within these declared areas, provided that the Minister and the Queensland Minister have agreed upon the declaration. This legislative instrument was introduced to address the need for clearly defined zones for commercial fishing activities in the Torres Strait, ensuring that such activities are conducted in a manner that complies with the provisions of the Torres Strait Fisheries Act 1984.

Scope and Application

This Proclamation, made by the Governor-General under the authority of the Torres Strait Fisheries Act 1984, designates specific areas of waters near the Protected Zone as zones where certain commercial fishing activities are permissible. These areas are determined for commercial fishing of prawns, tropical rock lobster, Spanish mackerel, dugong, turtles, and pearl shell, each specified in the respective schedules of the Proclamation. The areas declared are situated outside the Protected Zone but in close proximity to it and are bounded by geographical coordinates that exclude any waters within Queensland's coastal limits. The jurisdictional reach of this Proclamation is Commonwealth-wide, contingent upon the concurrence of the Minister and the Queensland Minister for areas within Queensland's coastal waters. Notably, this instrument does not detail exclusions, exemptions, or thresholds but establishes the spatial boundaries for each declared fishing activity. The Proclamation does not extend or restrict its application through subordinate instruments but rather sets forth the specific areas for commercial fishing activities in the Torres Strait region.

Key Provisions

The main operative sections of this Proclamation are those that declare specific areas of waters to be designated as areas outside but near the Protected Zone for the purposes of commercial fishing of various species. Section (a) declares the area specified in Schedule 1 as suitable for prawn fishing, section (b) for tropical rock lobster fishing, section (c) for Spanish mackerel fishing, section (d) for dugong fishing, section (e) for turtle fishing, and section (f) for pearl shell fishing. Each schedule details the exact boundaries of the areas in question, which are all located outside the limits of Queensland. The obligations imposed by this Proclamation are primarily on commercial fishermen and fishing operators who must adhere to the designated areas when engaging in specified types of commercial fishing. These areas are intended to balance fishing activities with the protection of the marine environment and conservation of the species in question. The fishing activities must be performed within the boundaries specified in the respective schedules, and any fishing outside these areas without appropriate authorisation is not permitted. Failure to comply with the provisions of this Proclamation can result in various civil and criminal consequences. The Torres Strait Fisheries Act 1984, under which this Proclamation is issued, provides for penalties for breaches. Specifically, the Act outlines that unauthorised commercial fishing in the designated areas can be subject to fines and other enforcement actions. The precise penalties may vary depending on the nature and severity of the breach, but they can include substantial financial penalties as well as potential criminal charges for repeat or particularly serious violations. It is important for all parties involved to be fully aware of their obligations under this Proclamation to avoid any legal repercussions.

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