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

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2024L01407 Not in force Legislative Instrument

Legislation content

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

made under section 13 of the

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

Compilation No. 1

Compilation date: 8 March 2025

Includes amendments: F2025L00288

About this compilation

This compilation

This is a compilation of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2024 that shows the text of the law as amended and in force on 8 March 2025 (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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

2 Commencement

3 Cessation

4 Authority

5 Definitions

6 Determination of total allowable catch

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

 

1  Name

  This instrument is the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2024.

2  Commencement

  This instrument commences on the day after it is registered on the Federal Register of Legislation.

3 Cessation

  This instrument ceases on the day after 30 September 2025 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 section 4 of the Management Plan, including the following:

(a) fishing season;

(b) total allowable catch;

(c) TRL fishery; and

(d) tropical rock lobster.

  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 2024 and ending 30 September 2025, 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 464,400 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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

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 2024

6 Nov 2024 (F2024L01407)

7 Nov 2024 (s 2)

 

Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2025

7 Mar 2025 (F2025L00288)

8 Mar 2025 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 6.....................

am F2025L00288

 

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 6(2)

Kind of editorial change

Correct a typographical error

Details of editorial change

Schedule 1 item 1 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Amendment Determination 2025 provides as follows:

1  Section 6

Add the subsection after subsection 6(1):

“(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 464,400 kilograms (unprocessed weight).

An opening quotation mark appears at the start of subsection 6(2).

This compilation was editorially changed to omit the opening quotation mark at the start of subsection 6(2) to correct the typographical error.

 

Overview

The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2024 was enacted to set the total allowable catch for tropical rock lobster in the Torres Strait region for the fishing season beginning 1 December 2024 and ending 30 September 2025. This legislative instrument was made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 and is designed to ensure sustainable management of the tropical rock lobster fishery. Initially, the total allowable catch was set at 200,000 kilograms (unprocessed weight), but an amendment increased this amount to 464,400 kilograms (unprocessed weight). This determination aims to balance ecological sustainability with the needs of the local fishing industry, ensuring that fishing activities remain within sustainable limits to protect the resource for future generations.

Scope and Application

The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2024 applies to the management and regulation of the tropical rock lobster (Kaiar) fishery within the Torres Strait. This determination sets the total allowable catch (TAC) for the tropical rock lobster in the TRL fishery for the fishing season commencing on 1 December 2024 and ending on 30 September 2025, initially at 200,000 kilograms (unprocessed weight), and subsequently increased to 464,400 kilograms (unprocessed weight) under an amendment. The determination is made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 and applies to all entities and persons involved in the fishing of tropical rock lobster within the specified geographic area of the Torres Strait. This includes commercial fishers, recreational fishers, and any relevant industry stakeholders. The legislation does not specify any exclusions or exemptions, but it does establish thresholds for allowable catches that must be adhered to by all participants in the fishery. The application and enforcement of the TAC are further detailed in subordinate instruments and regulations that may be issued under the authority of the Management Plan. The determination ceases on 30 September 2025 unless earlier revoked, ensuring that it remains in force only for the specified fishing season.

Key Provisions

The Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) (Total Allowable Catch) Determination 2024, made under section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018, sets the total allowable catch (TAC) for tropical rock lobsters (Kaiar) in the TRL fishery for the fishing season starting 1 December 2024 and ending 30 September 2025. According to Section 6(1) of the Determination, the initial TAC is 200,000 kilograms (unprocessed weight). However, Section 6(2) of the Determination increases this TAC to 464,400 kilograms (unprocessed weight), aligning with subsection 14(1) of the Management Plan. Entities and individuals governed by this Act must adhere to the TAC limits as outlined in the Determination. This requirement is crucial for ensuring the sustainability of tropical rock lobster populations within the TRL fishery. Compliance involves monitoring catches, reporting, and adhering to any additional guidelines or quotas established by the relevant authorities to manage the fishery effectively. Failure to comply with the TAC provisions outlined in the Determination may result in legal consequences. According to the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018, non-compliance with the TAC can lead to offences under the Fisheries Management Act 1991. Penalties for such offences may include fines and, in severe cases, imprisonment. The exact penalties are determined by the relevant state or territory legislation, but they can be substantial, reflecting the importance of adhering to sustainable fishing practices.

Legal classification tags

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Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

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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.