EXPLANATORY STATEMENT
Issued by authority of the Minister for Agriculture, Fisheries and Forestry
Torres Strait Fisheries Act 1984
Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018
Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2026
Legislative authority
Subsection 15A(1) of the Torres Strait Fisheries Act 1984 (Fisheries Act) provides that the Minister may, by legislative instrument, determine a plan of management for a fishery in an area of Australian jurisdiction. Under subsection 15A(2) of the Fisheries Act, a plan of management made under subsection 15A(1) must set out the objectives of the plan of management, measures by which the objectives are to be attained, and the performance criteria against which and time frames within which, the measures taken under the plan of management may be assessed.
Subsection 15A(4) of the Fisheries Act provides that the Minister may, in a plan of management for a fishery, determine the manner in which the fishing capacity of the fishery is to be measured, and provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.
The TRL (tropical rock lobster) fishery is a Protected Zone Joint Authority fishery. The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 (Management Plan) is a plan of management made by the Authority under subsection 15A(1) of the Fisheries Act to establish a quota management system in the TRL fishery.
Subsection 13(1) of the Management Plan stipulates that the Minister must, before the start of the fishing season, determine the total allowable catch (TAC) of tropical rock lobster in the TRL fishery for that season. The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2025 (the Determination) is made by the Minister under subsection 15A(4) of the Fisheries Act and subsection 13(1) of the Management Plan.
The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2026 (Amendment Determination) is made by the Minister under subsection 15A(4)(b) of the Fisheries Act and subsection 14(1) of the Management Plan. Subsection 15A(4)(b) of the Fisheries Act states that the Minister may, in a plan of management for a fishery, provide for the periodic determination of the fishing capacity permitted for the fishery. Subsection 14(1) of the Management Plan provides that the Minister may increase the TAC of tropical rock lobster in the TRL fishery determined for a fishing season. The Amendment Determination increases the TAC of tropical lobster in the TRL fishery as set out in the Determination.
The Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act). As the Amendment Determination is made for the purposes of the intergovernmental scheme, section 42 of the Legislation Act (disallowance) does not apply to the Amendment Determination (subsection 44(1)(a) of the Legislation Act).
Purpose
The purpose of the Amendment Determination is to amend the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2025 to increase the TAC of tropical rock lobster in the TRL fishery from 200,000 kilograms (unprocessed weight) to 268,852.5 kilograms (unprocessed weight).
Consultation
Subsection 14(2) of the Management Plan provides that the consultation processes set out in subsections 13(2) and 13(3) of the Management Plan applies to determining an increase in the TAC. Subsection 13(2) of the Management Plan stipulates that in making a TAC determination, the Minister must consult with any advisory committee that the Protected Zone Joint Authority (the Authority) has established under subsection 40(7) of the Fisheries Act to provide advice relating to the TRL fishery; and must have regard to Australia’s obligations under the Torres Strait Treaty[1]. Further, subsection 13(3) of the Management Plan provides that in making a TAC determination, the Minister may consider the views of any person with an interest in the TRL fishery or the ecological sustainable use of the TRL fishery; and take into account the amount of tropical rock lobster taken in the TRL fishery as a result of other fishing, such as traditional or recreational fishing.
The Minister sought advice from the TRL Resource Assessment Group (TRLRAG) and the TRL Working Group (TRLWG) at their respective meetings in December 2025. The TRL RAG applied the PZJA agreed empirical harvest control rule (eHCR) to calculate a recommended biological catch of TRL for the 2025-26 fishing season, which was supported by the TRLWG. The TRLRAG and TRLWG were established under subsection 40(7) of the Fisheries Act. Memberships of these advisory committees comprise of an independent Chair, Authority agencies (Australian Fisheries Management Authority (AFMA), Torres Strait Regional Authority (TSRA) and Queensland Department of Primary Industries and Fisheries (QDPIF), scientists (including an economist), and industry (from both the traditional inhabitant and non-traditional inhabitant fishing sectors). The TRLRAG and TRLWG advice takes into account relevant scientific information collected in the annual recurring stock surveys and catch and effort data from the fishery, in accordance with the TRL Harvest Strategy.
The increase of the TAC determined for the TRL Fishery is consistent with catch sharing arrangements between Australia and Papua New Guinea (PNG) agreed under the Torres Strait Treaty.
Impact and Effect
The increase in the TAC by the Minister for a fishing season is a future act for the purposes of the Native Title Act 1993 (the Native Title Act). Section 24HA of the Native Title Act relevantly provides that the making of legislation in relation to the management or regulation of living aquatic resources is a valid future act, insofar as the Amendment Determination is validly made.
Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
As the Amendment Determination has been developed for the purposes of the intergovernmental 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 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.
Details / Operation
Details of the Determination are set out in Attachment A.
ATTACHMENT A
Details of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2026
Section 1 | Provides that the name of the Amendment Determination is the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2026. |
Section 2 | Provides that the Amendment Determination commences on the day after registration on the Federal Register of Legislation. |
Section 3 | Provides that the Amendment Determination ceases on 1 October 2026 unless revoked earlier. |
Section 4 | Provides that the Amendment Determination is made under subsection 15A(4) of the Act and subsection 14(1) of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. |
Section 5 | For purposes of subsection 15A(4) of the Act and subsection 14(1) of the Management Plan, subsection 6(1) determines the total allowable catch of tropical rock lobster in the TRL fishery for the fishing season commencing 1 December 2025 and ending 30 September 2026 is increased from 200,000 kilograms (unprocessed weight) to 268,852.5 kilograms (unprocessed weight)). |
[1] Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters done at Sydney, Australia on 18 December 1978.