Torres Strait Fisheries (Prawn) Management Instrument 2025

EXPLANATORY STATEMENT

Issued by the authority of the Protected Zone Joint Authority

Torres Strait Fisheries Act 1984

Torres Strait Fisheries (Prawn) Management Instrument 2025

Legislative Authority

Subsection 16(1) of the Act provides for the Minister to regulate fishing through a legislative instrument.  Subsection 35(1)(a) of the Act provides for the Protected Zone Joint Authority (PZJA) to exercise the powers of the Minister under section 16 of the Act in respect of a ‘Protected Zone Joint Authority fishery’.

Subsection 28(1) of the Act provides that a ‘Protected Zone Joint Authority fishery’ is a fishery in respect of which an arrangement under Part V of the Act is in place.  The Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984 dated 17 March 1999 (the PZJA Arrangement[1]), made under Part V of the Act, provides that the PZJA is to have management of the fishery for the purposes of commercial fishing in the areas described in section 4(2) of the Arrangement. The prawn fishery, which is defined in section 4 of the Instrument by reference to the ‘area of the Prawn fishery’ described in the Torres Strait Prawn Fishery Management Plan 2009 (Management Plan) is within the area described in section 4(2) of the PZJA Arrangement.   It follows that commercial fishing for prawns in the area of the prawn fishery would come under the definition of being a ‘Protected Zone Joint Authority fishery’ for the purpose of subsection 28(1) of the Act and the PZJA can therefore exercise the power of the Minister under subsection 16(1) of the Act in relation to commercial fishing within the prawn fishery.   

The PZJA is established under section 30 of the Act and consists of the Minister administering the Act, the Queensland Minister administering the laws of Queensland relating to marine fishing in the Protected Zone and the Chairperson of the Torres Strait Regional Authority (TSRA), which is the Commonwealth agency established under the Aboriginal and Torres Strait Islander Act 2005 that represents the interests of Aboriginals and Torres Strait Islanders. 

Purpose

The Torres Strait Fisheries (Prawn) Management Instrument 2025 (the Instrument):

• repeals and replaces the Torres Strait Fisheries Management Instrument No. 10 (FMI 10); and
• repeals and incorporates the provisions covered in Torres Strait Fisheries Management Instrument No. 11 (FMI 11), Torres Strait Fisheries Management Instrument No. 4 (FMI 4), Torres Strait Fisheries Management Instrument No. 2 (FMI 2) and Torres Strait Fisheries Management Instrument No. 17 (FMI 17),

collectively referred to as the Previous Instruments, and contained in Schedule 4.

Amalgamating the five Previous Instruments removes duplication and reduces complexity for stakeholders by streamlining prawn fishery regulation into the Instrument. The Instrument removes exemptions relating to vessel monitoring systems which previously conflicted with licence conditions, and cessation dates.  Lastly, the Instrument repeals a spent instrument that is not subject to sunsetting (Schedule 5 of the Instrument).

The Fishery

The fishery is currently regulated through the Act, the Torres Strait Fisheries Regulations 1985 (the Regulations), the Management Plan, legislative instruments as well as through the imposition of conditions on licences under section 22 of the Act.

The fishery operates in the eastern part of the Torres Strait Protected Zone (TSPZ). The key species for the fishery are brown tiger prawns, blue endeavour prawns and red spot king prawns. Species that are also taken as by-product include Moreton Bay bugs, and squid. This fishery is subject to management and catch sharing arrangements under the Torres Strait Treaty.

Fishers use the otter trawl method where two, three or four trawl nets are towed behind the fishing vessel. Fishing occurs in the eastern part of the Torres Strait at night and only during the fishing season (refer to the Torres Strait Prawn Fishery Fishing Season Determination 2025). To ensure the amount of prawns caught each year is sustainable, the total number of fishing days is capped and the length of boats and the size of nets that fishers can use are restricted.

Details of the Instrument

The Instrument repeals and replaces the Previous Instruments and incorporates the provisions of the Previous Instruments. The key features of the Previous Instruments that are retained in the Instrument are:

• a general prohibition for the taking, processing or carrying of prawns (subsections 7(1), 7(2), 7(3) and 7(4) of the Instrument, section 7.1 of FMI 10; section 7.1 of FMI 11, subsection 7(1) of FMI 2,), subject to exemptions for a person who:
  • holds a licence to take, process or carry prawns under subsection 19(1), 19(2) and 19(3) of the Act, (subsections 8(1)(a), 8(2)(a) and 8(4)(a) of the Instrument, subsections 8.1(a) and 13.1 of FMI 10); and
  • holds unused fishing days (subsections 8(1)(b), and 8(2)(b) of the Instrument, subsections 8.1(b) and (c) of FMI 10); and
  • takes, processes or carries prawns within a fishing season (subsections 8(1)(c) and 8(2)(c) of the Instrument) except:
    • in relation to the taking of prawns in the closed area, not during a closure period (defined in section 4 of the Instrument, section 7.1 of FMI 11). Fishing season dates are specified in a determination made under the Management Plan and are currently contained in the Torres Strait Prawn Fishery Fishing Season Determination 2025.

Or

• in relation to the processing or carrying of prawns in the prawn fishery and exclusion zone, during the period commencing at 1700 hours local time on 1 February in a year and ending at 0600 hours local time on 15 December in that same year (subsection 8(4)(b) of the Instrument, clause 7.4 of FMI 10).

• a person is also exempt from the general prohibitions in subsections 7(1), 7(2) and 7(4) of the Instrument if they hold a Treaty Endorsement (section 9 of the Instrument, section 7 of FMI 4 and subsections 13.2(a) and (b) of FMI 10) and also:
  • takes, processes or carries prawns within a fishing season and in relation to the taking of prawns in the closed area, not during a closure period.
• prohibitions on the use of certain equipment (subsection 10(1), section 4 and Schedule 3 of the Instrument, sections 6.1 and 6.3 of FMI 17) and how the equipment dimensions are to be measured (Schedule 3 of the Instrument, section 7 of the FMI 17).
• prohibitions on the possession or control of certain equipment in certain areas (subsections 11(1) and 11(3) of the Instrument, section 7.3 of FMI 10, 7.2 of FMI 11 and subsection 7(3) of FMI 2), unless the equipment is stowed and secured, or carried in a certain manner (subsections 11(2) and 11(4) of the Instrument, section 7.2 of FMI 11 and subsection 7(3) of FMI 2).

Details on the provisions of the Instrument are included at Attachment A.

Publication and Commencement

Subsections 16(9) and 35(1)(a) of the Act provide that the PZJA must publish or broadcast the contents of an instrument made under section 16(1) in a manner prescribed.  Section 16(9) is silent as to how prescription is to occur.  A broad interpretation of ‘prescribed’ is consistent with objectives of the Act as set out in section 8 of the Act.

One manner of publication or broadcast is prescribed by section 3 of the Regulations.  Section 3 of the Regulations states that, for the purpose of subsection 16(9) of the Act, the manner of publication is by publication in such a newspaper as in the opinion of the PZJA is appropriate having regard to the nature of the contents of the notice.

In making the decision to make the Instrument, the PZJA has considered the nature and the contents of the Instrument and have determined that it would be appropriate for the Instrument to be published in the Torres News, which is the local newspaper in circulation across the islands of the Torres Strait and Cape York. The Torres News also has some circulation in Cairns where some licence holders are based.

Under subsections 56(2) and (3) of the Legislation Act 2003 (Cth) (Legislation Act), the publication of the Instrument is taken to be in addition to a requirement under the Legislation Act for the Instrument to be registered as a legislative instrument on the Federal Register of Legislation.  The PZJA, as the rule maker for the Instrument, must lodge the Instrument for registration as a legislative instrument on the Federal Register of Legislation as soon as practicable after the Instrument is made under section 15G(1) of the Legislation Act.  Under section 38(1)(b) of the Act, the PZJA has delegated lodgement for registration of the Instrument on the Federal Register of Legislation to staff members of the Australian Fisheries Management Authority (AFMA).  Note the powers in section 35(1) of the Act are not delegable under section 38 of the Act.

Subsection 16(4) of the Act provides that a prohibition in an instrument made under section 16(1) comes into force on the day it is published under subsection 16(9), or a later day as specified in the instrument. Under section 2 of the Instrument, a later day is specified being the day after the Instrument is registered on the Federal Register of Legislation.

Consultation

The PZJA and AFMA, which is delegated responsibility for the day-to-day management of Torres Strait fisheries under paragraph 38(1)(b) of the Act, take advice through several advisory committees established under subsection 40(7) of the Act, that include traditional inhabitants of the Torres Strait.  The PZJA committees generally consist of an independent Chair and representatives from the government (Fisheries Queensland, AFMA and TSRA), scientific experts, economists, traditional inhabitant fishing industry and, where applicable, non‑traditional inhabitant fishing industry.  In addition, the Chairperson of the Malu Lamar (Torres Strait Islander) Corporation RNTBC (Malu Lamar), which is a Registered Native Title Body Corporate (RNTBC) and representatives from the Papua New Guinea National Fisheries Authority also have standing invitation to attend meetings as an observer. 

The Torres Strait Prawn Management Advisory Committee (TSPMAC) is an advisory committee to the PZJA. Changes to the Previous Instruments have been discussed and recommended by the TSPMAC. TSPMAC considered the draft Instrument at a video conference on 2 September 2025, and endorsed the instrument for consideration by the PZJA.

Native Title

The making of the Instrument is a future act for the purposes of the Native Title Act 1993 (the Native Title Act). In particular, sections 24HA and 24OA of the Native Title Act relevantly provides that the making of legislation in relation the management or regulation of living aquatic resources, such as the Instrument, is a valid future act insofar as it impacts upon native title rights and interests.

Native title notification under section 24HA of the Native Title Act is not required for the determination of this instrument. This is because section 24HA of the Native Title Act provides that native title notification is only required in respect of the ‘grant of a lease, licence, permit or authority under legislation’.

Disallowance and sunsetting

The Instrument is a legislative instrument for the purpose of the  (the Legislation Act and is:

Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

As the Instrument has been developed for the purposes of the intergovernmental body or scheme, it is exempt from disallowance through the process of parliamentary scrutiny, by application of subsection 44(1)(a) of the Legislation Act. Therefore, a statement of compatibility with human rights, prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) is not required, as subsection 15J(2)(f) of the Legislation Act only requires statement of compatibility of human rights to be prepared for disallowable legislative instruments.

Attachment A

Details of the Torres Strait Fisheries (Prawn) Management Instrument 2025

Section 1 - Name 

This section provides that this instrument is the Torres Strait Fisheries (Prawn) Management Instrument 2025 (the Instrument).

Section 2 – Commencement  

As outlined above, subsection 16(4) of the Act provides that any prohibition contained within an instrument made under subsection 16(1) of the Act comes into force on the day on which the instrument is published in accordance with subsection 16(9) of the Act or on such later date as is specified in the instrument.  Section 2 specifies a later date for the commencement of the Instrument being the day after registration on the Federal Register of Legislation.  The PZJA has caused the Instrument to be published in the Torres News and lodged it for registration on the Federal Register of Legislation.

Section 3 – Authority  

Provides that the Instrument is made under section 16(1) and section 35(1)(a) of the Act.

Section 4 – Definitions  

This section outlines relevant definitions for the purpose of the Instrument, which provide as follows:

Act means the Torres Strait Fisheries Act 1984.

anchorage zones means the areas described in Schedule 2.

closed areas, known as East of Warrior Reef Closed Areas, means the areas described in Schedule 1.

closure period means the period commencing at 1700 hours local time on 1 February in a year and ending at 1700 hours local time on 31 July in the same year.

exclusion zones means the area described in Part 2 of Schedule 1 of the Management Plan.

fishery means the Torres Strait Prawn Fishery as described in the Management Plan.

fishing day means fishing day as defined in section 1.3(1) of the Management Plan.

fishing season means the period determined under section 2.3 of the Management Plan.

local time means the time of day in the State of Queensland.

Management Plan means the management plan determined by the PZJA under section 15A and section 35(1)(a) of the Act in relation to the fishery as may be in force from time to time, currently entitled the Torres Strait Prawn Fishery Management Plan 2009.

Moreton Bay bugs means fish of the genus Thenus spp.

prawns means all species of fish that are listed in Parts 1 and 2 of Schedule 3 of the Management Plan, including Moreton Bay Bugs.

prawn fishery means the area described in Part 1 of Schedule 1 of the Management Plan, excluding the area described in Part 2 of Schedule 1 of the Management Plan.

prawn licensed person means a person who has been granted a licence under subsection 19(1), 19(2) or 19(3) of the Act that authorises the taking, processing or carrying of prawns in the area of the prawn fishery.

prawn trawling equipment means otter trawl equipment as specified in Schedule 3.

Section 5 – Schedules

This section states that each instrument that is specified in a Schedule to the Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Instrument has effect according to its terms. 

Schedule 1 identifies the closed areas.

Schedule 2 identifies the anchorage zones.

Schedule 3 specifies otter trawl equipment and dimensions.

Schedule 4 repeals the following instruments each in their entirety: Torres Strait Fisheries Management Instrument No. 10, Torres Strait Fisheries Management Instrument No. 11, Torres Strait Fisheries Management Instrument No. 2, Torres Strait Fisheries Management Instrument No. 4 and Torres Strait Fisheries Management Instrument No. 17.

Schedule 5 repeals the following instrument, which is spent and is not subject to sunsetting, in its entirety: Torres Strait Fisheries (Torres Strait Prawn Fishery Total Allowable Effort) Determination 2020 (TAE Determination 2020).  Importantly, the repeal of the TAE Determination 2020 is unrelated to the streamlining of the Previous Instruments.  In this regard, for completeness, the TAE Determination 2020 has been replaced with the Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024.

Section 6 – Description of closed areas and anchorage zones

This section provides a description of the closed areas in Schedule 1 by reference to Part 1 - the Australian Geodetic Datum 1966 (AGD66) and to Part 2 - the World Geodetic Datum 1984 (WGS84). Any inconsistencies in coordinates between the AGD66 and WGS84 description will be resolved by referencing Part 1 to the extent of the inconsistency.

This section also provides a description of the anchorage zones in Schedule 2 by reference to the World Geodetic Datum 1984 (WGS84).

The Procedures for Describing Maritime Boundaries 2009, Geosciences Australia provides good reference material on how maritime boundaries are described and where possible, should be used in conjunction with the Instrument and this explanatory statement.

Section 7 – Prohibition on taking, processing or carrying prawns

Section 7 of the Instrument is made under subsection 16(1)(a) of the Act.

Subsection 16(1)(a) of the Act relevantly provides that the PZJA may, by legislative instrument, prohibit the taking, processing or carrying of a class of fish specified in the instrument.  

Section 7 specifies prawns as the class of fish, and subsections 7(1) to (3) prohibit the taking of prawns in each of the prawn fishery, closed areas and exclusion zones respectively. Subsection 7(4) prohibits the processing or carrying of prawns in the prawn fishery and exclusion zones.  

Exemptions to the prohibitions in subsections 7(1), 7(2) and 7(4) are outlined in section 8. There is no exemption for the prohibition in subsection 7(3) (the taking of prawns in the exclusion zones).

Section 8 – Exemptions to the prohibitions

Section 8 of the Instrument is made under subsection 16(1A)(d) of the Act.

Subsection 16(1A)(d) of the Act provides an instrument made under subsection 16(1) of the Act may provide for exemptions from the prohibitions contained in the instrument.

Subsection 8(1) of the Instrument provides a person an exemption to the prohibition specified in subsection 7(1) where the person is a prawn licensed person (as defined in section 4 above), and the person holds unused fishing days (within the meaning given by the Management Plan) and the person takes prawns only during a fishing season (as determined under section 2.3 of the Management Plan).

Subsection 8(2) of the Instrument provides a person an exemption to the prohibition specified in subsection 7(2) where the person is a prawn licensed person (as defined in section 4 above), and the person holds unused fishing days (within the meaning given by the Management Plan) and the person takes prawns only during a fishing season (as Determined under section 2.3 of the Management Plan) and not during a closure period (as defined in section 4).  The closure period only applies in relation to the closed areas.

Subsection 8(3) of the Instrument deems a prawn licenced person to have used a fishing day in the circumstances set out in subsections 8(3).

Subsection 8(4) of the Instrument provides a person an exemption to the prohibition specified in subsection 7(4) where the person is a prawn licensed person (as defined in section 4) and the person processes or carries prawns during a certain period of time commencing at 1700 hours local time on 1 February in a year and ending at 0600 hours local time on 15 December in that same year.  Local time is defined in section 4 of the Instrument to mean the time of day in the State of Queensland.

There are no exemptions to the prohibition in subsection 7(3) of the Instrument. The taking of prawns in the area of an exclusion zone is prohibited at all times.

Section 9 – Treaty endorsements

Section 9 of the Instrument is made under subsection 16(1A)(d) of the Act.

Subsection 16(1A)(d) of the Act provides an instrument made under subsection 16(1) of the Act may provide for exemptions from the prohibitions contained in the instrument.

Section 9 of the Instrument provides an exemption to the prohibitions contained in subsections 7(1), 7(2) and 7(4). The exemption relates to a person who takes, processes or carries prawns on a boat for which a Treaty endorsement under section 20 of the Act is in force, and the prawns are taken, processed or carried in accordance with the conditions of the Treaty endorsement made under section 22 of the Act.  In addition, for the exemption to apply, the person takes, processes or carries prawns only during a fishing season, and in relation to the closed area, the person does not take, process or carry prawns during a closure period.

Section 10 – Prohibition on the use of certain equipment

Section 10 of the Instrument is made under subsection 16(1)(c) of the Act.

Subsection 16(1)(c) of the Act relevantly provides that the PZJA may, by legislative instrument, prohibit the taking, processing or carrying of fish included in a class of fish specified in the instrument by a method, or with the use of equipment or a boat, of a kind specified in the instrument.

Section 10 of the Instrument prohibits the taking of prawns in the prawn fishery using all fishing equipment other than prawn trawling equipment. Prawn trawling equipment is defined in section 4 of the Instrument and detailed in Schedule 3 of the Instrument. These details were previously specified in FMI 17. Schedule 3 specifies the way in which the dimensions of the prawn trawling equipment are to be measured.

Section 11 – Prohibition on the possession or control of certain equipment

Section 11 of the Instrument is made under subsection 16(1)(o) of the Act.

Subsection 16(1)(o) of the Act relevantly provides that the PZJA may, by legislative instrument, prohibit a person from having in his or her possession or under his or her control on a boat, equipment of a kind specified in the instrument for taking, processing or carrying fish unless that equipment is stowed and secured, or carried in a manner specified in the instrument.

Subsection 16(2)(a) of the Act provides that a prohibition contained in an instrument under subsection (1) (other than subsections16(1)(d) or (n)) has effect if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect – in that area.

Subsection 16(5)(a) of the Act provides that prohibition contained in an instrument under subsection (1) has effect if a period is specified in the instrument as being the period during which the prohibition is to have effect – during that period.

Subsection 11(1) of the Instrument prohibits a person, other than a prawn licensed person or a person who satisfies subsections 9(a) to (d) inclusive (Treaty endorsements) from having in his or her possession, or under his or her control, on a boat, any quantity of equipment capable of taking prawns in the prawn fishery, unless under subsection 11(2), the equipment is carried so that all of the equipment is out of the water.

Subsection 11(3) of the Instrument prohibits a person from having in his or her possession, or under his or her control, on a boat, any quantity of equipment capable of taking prawns, in closed areas during a closure period, and in the area of exclusion zones, unless under subsection 11(4), the equipment is carried so that all of the equipment is out of the water.

Section 12 - Prohibition on taking, processing or carrying of Moreton Bay bugs

Subsection 12(1) of the Instrument is made under sections 16(1)(a) of the Act.  Subsection 16(1)(a) of the Act relevantly provides that the PZJA may, by legislative instrument, prohibit the taking, processing or carrying of a class of fish specified in the instrument.  The class of fish specified under subsection 12(1) of the Instrument is the Moreton Bay bug. 

Subsection 12(2) of the Instrument is made under subsection 16(1A)(d) of the Act. Subsection 16(1A)(d) of the Act provides an instrument made under subsection 16(1) of the Act may provide for exemptions from the prohibitions contained in the instrument.  Subsection 12(2) of the Instrument exempts a person from the prohibition in subsection 12(1) when the person is a prawn licensed person.  “Prawn licensed person” and “prawns” are defined in section 4 of the Instrument, and relevantly, prawns include Moreton Bay bugs. 

Subsection 12(3) of the Instrument is made under subsection 16(1)(b)(iii) of the Act.  Subsection 16(1)(b)(iii) of the Act relevantly provides that the PZJA may, by legislative instrument, prohibit the taking, processing or carrying of fish included in a class of fish specified in the instrument that have a part with a dimension or weight less than a dimension or weight specified in the instrument in relation to that part.  Subsection 12(3) of the Instrument prohibits the taking, processing or carrying of Moreton Bay bugs by a prawn licensed person where, measured at the widest point of the carapace (the relevant “part” under subsection 16(1)(b)(iii) of the Act), the carapace is less than 75 millimetres.

[1] PZJA Arrangement means the document titled “Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984” dated 17 March 1999 and published on the Federal Register of Legislation, as that document exists at the commencement of this Instrument.

Note: The PZJA Arrangement could be viewed on the website of the Federal Register of Legislation at: https://www.legislation.gov.au/Details/F2008B00750.