Torres Strait Fisheries Act 1984 - Proclamation (17/03/1999)

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for regulation and management of fisheries within the Torres Strait, particularly to balance the interests of commercial fishing activities with the protection of marine species and ecosystems. The Act provides for the establishment of protected zones and areas where certain types of fishing activities are permitted or prohibited. The enacting body was the Commonwealth Parliament, reflecting the federal nature of fisheries management in Australia. The policy objective of the Act is to ensure the sustainable use of fishery resources in the Torres Strait while also recognising the traditional rights and interests of the local Indigenous communities. The legislative instrument proclaimed under the Act in 1999 designates a specific area outside but near the Protected Zone for certain types of commercial fishing activities, excluding those for prawns, tropical rock lobster, Spanish mackerel, dugong, turtles, and pearl shell. This instrument aims to further refine the management of fishing activities within the Torres Strait, providing clear guidelines on where specific commercial fishing operations can take place.

Scope and Application

The Torres Strait Fisheries Act 1984, as proclaimed under F2008B00760, establishes a designated area outside the Protected Zone for commercial fishing activities, excluding certain species such as prawns, tropical rock lobster, Spanish mackerel, dugong, turtles, and pearl shell. This legislative instrument, signed by the Governor-General William Deane and the Minister for Agriculture, Fisheries and Forestry Mark Vaile, delineates the specific geographical boundaries within the Torres Strait, excluding waters within Queensland, to regulate commercial fishing activities. The proclamation clarifies the jurisdictional scope by defining the boundaries starting from latitude 10°48'00" South, longitude 141°20'00" East and tracing a line along specified meridians and parallels, concluding at the low water line on the western coastline of Cape York Peninsula. This legal framework ensures that commercial fishing activities outside the Protected Zone can proceed, except for the restricted species mentioned, thereby balancing economic interests with conservation efforts in the region.

Key Provisions

The Torres Strait Fisheries Act 1984, under the legislative instrument F2008B00760, designates a specific area within the Torres Strait for commercial fishing activities, with certain exclusions. According to the proclamation by the Governor-General, William Patrick Deane, and the Minister for Agriculture, Fisheries and Forestry, Mark Vaile, the area specified in the Schedule is declared for commercial fishing activities excluding prawns, tropical rock lobster, Spanish mackerel, dugong, turtles, and pearl shell. This area is bounded by specific geographic coordinates that define a perimeter, starting at 10°48'00" South, 141°20'00" East, and tracing a path that ends where it began, thereby enclosing a specific zone within the Torres Strait. This is outlined in Schedule 1 of the legislative instrument. Under this Act, the primary obligation imposed on any party engaging in commercial fishing within the designated area is to comply with the exclusions listed. This means that commercial fishing activities for prawns, tropical rock lobster, Spanish mackerel, dugong, turtles, and pearl shell are strictly prohibited within the area specified in the Schedule. All other commercial fishing activities are permitted, provided they adhere to the other regulatory requirements stipulated by relevant fisheries laws and regulations. It is crucial for fishers and fishing entities to be fully aware of these boundaries and exclusions to avoid non-compliance. Breaches of the provisions set out in the Torres Strait Fisheries Act 1984 can lead to significant legal consequences. Engaging in prohibited commercial fishing activities within the designated area can result in civil or criminal penalties, depending on the severity and intent of the breach. The maximum penalties for contravening the Act are not explicitly stated in the legislative instrument but would generally be determined by relevant state or territory fisheries legislation, which can include fines and potential imprisonment for more serious infractions. Compliance with the Act is thus essential to avoid these penalties.