Torres Strait Fisheries Management Instrument No. 6

Overview

The Torres Strait Fisheries Act 1984, enacted by the Commonwealth of Australia, was introduced to manage fishing activities within the Torres Strait, with a focus on the sustainable use of the region's marine resources. The Act empowers the Minister to regulate fishing activities and designates the Protected Zone Joint Authority as the body responsible for exercising specific powers. A significant gap addressed by this legislation is the lack of regulation concerning coral collection within the Torres Strait Protected Zone, which poses a risk of unsustainable practices leading to biodiversity loss and reef damage. To mitigate this risk, Fisheries Management Instrument No.6 was introduced, prohibiting the taking, processing, and carrying of coral and live rock within the Torres Strait Protected Zone. This legislative measure was developed following consultations with the Torres Strait Hand Collectables Working Group, the Torres Strait Fisheries Management Advisory Committee, and other relevant stakeholders.

Scope and Application

The Torres Strait Fisheries Management Instrument No. 6 applies to the management and regulation of fishing activities within the Torres Strait Protected Zone. It is enacted under the authority of the Torres Strait Fisheries Act 1984 and functions as a legislative instrument pursuant to the Legislative Instruments Act 2003. This instrument specifically targets the prohibition of the taking, processing, and carrying of coral and live rock within the protected zone, aimed at preventing the initiation of an unsustainable and unregulated coral collection fishery. The Instrument is applicable to all persons and entities engaged in fishing activities within the specified area, aiming to protect the biodiversity and integrity of the extensive reef complex. The Instrument’s jurisdiction spans the Commonwealth, and it extends its reach to both Australian and non-Australian vessels operating in the Torres Strait Protected Zone. Notably, it exempts Traditional Inhabitants from the prohibition when engaging in traditional fishing activities. The Instrument’s application may be further extended or refined through subordinate instruments, as authorised by the Torres Strait Fisheries Act 1984.

Key Provisions

The main operative sections of the Torres Strait Fisheries Management Instrument No.6 (F2011L01811) are Clause 5, which prohibits the taking, processing, or carrying of coral and live rock within the Torres Strait Protected Zone, and Clause 6, which exempts a Traditional Inhabitant in the course of traditional fishing from this prohibition. Clause 1 allows the Instrument to be cited as "Torres Strait Fisheries Management Instrument No.6," while Clause 2 specifies that it commences on the day after registration. Clause 3 details the period during which the Instrument is valid, and Clause 4 provides the interpretation of certain words and terms used within the Instrument. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that no person shall take, process, or carry coral and live rock within the specified area of the Torres Strait Protected Zone. This prohibition is aimed at preventing the unsustainable and unregulated collection of coral and live rock, which could lead to a reduction in biodiversity and damage to the reef ecosystem. However, a Traditional Inhabitant engaged in traditional fishing is exempt from this prohibition, recognising the cultural practices and rights of Indigenous communities in the region. Additionally, the Act requires consultation with relevant stakeholders, including the Torres Strait Hand Collectables Working Group and the Torres Strait Fisheries Management Advisory Committee, to ensure that the interests of industry, government, and scientific communities are taken into account in the development and implementation of the Instrument. Failure to comply with the provisions of the Torres Strait Fisheries Management Instrument No.6 may result in civil and criminal consequences. Although the legislation does not specify the exact penalties, breaches of fishing regulations under the Torres Strait Fisheries Act 1984 can result in fines and imprisonment. The maximum penalty for contravening the Act can vary depending on the nature and severity of the offence, but it may include fines of up to $1,650 for individuals and $8,250 for corporations, as well as imprisonment for up to six months. It is important for those subject to the Act to familiarise themselves with its provisions and ensure compliance to avoid potential legal repercussions.