Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2023L01509 Not in force Legislative Instrument

Legislation content

 

Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023

made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018.

 

Compilation No. 1 

Compilation date:      9 March 2024

Includes amendments: F2024L00296

About this compilation

This compilation

This is a compilation of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023 that shows the text of the law as amended and in force on 9 March 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

1  Name

  This instrument is the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023.

3   Repeal

  This instrument is repealed on the day after 30 September 2024 unless revoked earlier. 

4  Authority

  This instrument is made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the definitions section of the Management Plan, including the following:

a)          fishing season;

b)         total allowable catch;

c)          TRL fishery; and

d)         tropical rock lobster.

 (1) In this instrument:

Management Plan means the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018.

6  Determination of total allowable catch

(1)   For the purposes of subsection 13(1) of the Management Plan, the total allowable catch of tropical rock lobster in the TRL fishery for the fishing season commencing 1 December 2023 and ending 30 September 2024, is 200,000 kilograms (unprocessed weight).

(2)   For the purposes of subsection 14(1) of the Management Plan, the total allowable catch as determined in subsection (1) is increased from 200,000 kilograms (unprocessed weight) to 357,750 kilograms (unprocessed weight).

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023

15 November 2023

F2023L01509

16 November 2023 (s.2)

 

Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2024

08 March 2024

F2024L00296

09 March 2024 (s.2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2

rep s.48D LA

s.6

ad F2024L00296

 

Overview

The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023 was enacted to address the need for managing the total allowable catch of tropical rock lobster in the Torres Strait Fisheries, particularly the Kaiar species, for the fishing season starting 1 December 2023 and ending 30 September 2024. This legislative instrument was made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018, aiming to provide a clear legal framework for the sustainable management of this fishery. Initially, the total allowable catch was set at 200,000 kilograms (unprocessed weight), but this was later increased to 357,750 kilograms (unprocessed weight) through an amendment, reflecting adjustments based on the latest scientific data and conservation requirements. This determination by the relevant legislature ensures that the fishing activities are conducted within sustainable limits, thereby protecting the marine ecosystem and ensuring the long-term viability of the tropical rock lobster fishery in the Torres Strait. The determination will be repealed on the day after 30 September 2024, unless revoked earlier, indicating a temporary measure aligned with the specific fishing season.

Scope and Application

The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023 applies to the fishing industry, specifically targeting the tropical rock lobster (Kaiar) fishery in the Torres Strait. It sets the total allowable catch (TAC) for the fishing season starting 1 December 2023 and ending 30 September 2024, with an initial TAC of 200,000 kilograms (unprocessed weight) which is later increased to 357,750 kilograms (unprocessed weight). This legislation is made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 and is applicable to entities involved in the TRL fishery within the specified geographic area of the Torres Strait. The determination does not explicitly state exclusions or exemptions, but it is understood that compliance with the set quotas is mandatory for all participants in the fishery. The application and enforcement of this determination may be further detailed or modified through subordinate instruments, which are not exhaustively covered in this particular legislative instrument.

Key Provisions

The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2023 (sections 1 to 6) establishes the total allowable catch (TAC) for tropical rock lobster in the Torres Strait Fisheries for the fishing season beginning 1 December 2023 and ending 30 September 2024. Section 6(1) sets the TAC at 200,000 kilograms (unprocessed weight), while section 6(2) subsequently increases this to 357,750 kilograms. The instrument also includes definitions for key terms such as "fishing season" and "total allowable catch," as well as the authority under which it is made (section 4). The determination will be repealed on the day after 30 September 2024 unless revoked earlier (section 3). The Act imposes several obligations on the parties and entities it governs. For example, all persons involved in the fishing of tropical rock lobster must adhere to the established TAC as outlined in the Determination (section 6). This requirement ensures that fishing activities are sustainable and do not exceed the allowable limits set by the Act. Additionally, the Act mandates that fishing activities comply with all relevant regulations and guidelines established under the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. This includes proper reporting and monitoring of catch quantities to ensure compliance with the TAC. Breach of the provisions of the Act can result in both civil and criminal penalties. For instance, exceeding the TAC can lead to fines and other civil penalties as stipulated in the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. In cases of wilful or repeated violations, criminal charges may also be pursued, potentially leading to imprisonment. The exact penalties for each offence are detailed in the Management Plan but may include substantial fines and imprisonment terms, reflecting the seriousness of non-compliance with the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.