Torres Strait Fisheries Regulations (Amendment)

Overview

The Torres Strait Fisheries Regulations (Amendment) Statutory Rules 1988, enacted under the authority of the Minister for Primary Industries and Energy, aim to address a specific regulatory gap within the Torres Strait Fisheries Act 1984. The original Act established the framework for issuing and renewing carrier/processor licences for boats used in the fishing industry within the Torres Strait, with fees outlined in sections 19 and 24. The amendment responds to a recommendation by the Torres Strait consultative committees' working party, which includes representatives from industry, islanders, and government. This group suggested a reduction in the fee for the issue and renewal of carrier/processor licences when they are issued in conjunction with other specific licences, a recommendation that was subsequently endorsed by the Protected Zone Joint Authority. The policy objective of the amendment is to streamline licensing fees and potentially encourage compliance and participation within the regulated fishing industry in the Torres Strait region. The regulations, which reduce the specified fee to $20, will become effective upon their gazette.

Scope and Application

The Torres Strait Fisheries Regulations (Amendment) Statutory Rules 1988 pertain to the administration of the Torres Strait Fisheries Act 1984, specifically targeting the fee structure for the issuance and renewal of carrier/processor licences. These licences, governed by sections 19 and 24 of the Act, permit the use of boats for the carrying or processing and carrying of fish taken with another boat. The amendment focuses on reducing the licence fees under specific conditions, as recommended by the Torres Strait consultative committees and endorsed by the Protected Zone Joint Authority. The amendment applies to any boatholder who currently holds or is to hold a licence under subsection 19(2) of the Act when applying for a carrier/processor licence. The new fee set forth by the regulation is $20, effective from the date of gazettal. The amendment does not extend beyond the specified fee structure and does not introduce any new exemptions or exclusions from the Act's scope. The regulation's impact is limited to the specified fee reduction and does not alter the broader application of the Torres Strait Fisheries Act 1984, which remains applicable to all relevant persons and entities within the Commonwealth jurisdiction.

Key Provisions

The Torres Strait Fisheries Act 1984 (the Act) contains provisions regarding the licensing of boats for fish processing and carrying activities in the Torres Strait region. Section 19 (1) allows the Minister to grant a licence for a boat to be used for carrying, or for processing and carrying, fish that have been taken with the use of another boat, upon payment of the appropriate fee. Section 24 (1) similarly allows for the renewal of such a licence upon payment of a fee. The Torres Strait Fisheries Regulations (Amendment) Statutory Rules 1988 No. 198 (the Amendment) implement the working party’s recommendation to reduce the fee for the issue or renewal of a carrier/processor licence to $20, when issued to a boat that currently holds, or is to be issued in conjunction with, a licence under subsection 19(2) of the Act. The Amendment imposes a specific fee for the issue or renewal of a carrier/processor licence under certain conditions. Under Section 1 of the Amendment, if a boat already holds, or is to be issued in conjunction with, a licence under subsection 19(2) of the Act, the fee payable for the grant or renewal of a carrier/processor licence is reduced to $20. This fee reduction applies in accordance with the recommendation of the working party to the Torres Strait consultative committees, which was subsequently approved by the Protected Zone Joint Authority. Failure to comply with the provisions of the Amendment may result in legal consequences. While the Amendment itself does not explicitly outline specific penalties or offences, the Torres Strait Fisheries Act 1984 does provide for various offences and penalties related to the operation of boats without proper licences or in contravention of the Act's provisions. For example, under Section 42 of the Act, a person who operates a boat without a valid licence, or who contravenes the conditions of their licence, may be liable to a penalty of up to $16,500 for an individual and $82,500 for a body corporate. Furthermore, Section 44 of the Act outlines additional penalties for repeated offences, with fines increasing with each subsequent offence. In summary, the Torres Strait Fisheries Regulations (Amendment) Statutory Rules 1988 No. 198 amend the fee structure for the issue and renewal of carrier/processor licences under the Torres Strait Fisheries Act 1984, reducing the fee to $20 in specified circumstances. This change is designed to address the recommendations of industry, islander, and government representatives and has been approved by the Protected Zone Joint Authority. Compliance with these regulations is essential to avoid potential penalties and legal consequences under the Torres Strait Fisheries Act 1984.