Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L01490 Not in force Legislative Instrument

Legislation content

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019

made pursuant to section 15A of the Torres Strait Fisheries Act 1984 and section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018

Compilation No. 2  

Compilation date:    23/05/2020

Includes amendments up to: F2020L00597

 

 

 

 

 

About this compilation

 

This compilation

This is a compilation of the Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019 that shows the text of the law as amended and in force on 23/05/2020 (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 Federal Register of Legislation (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 series page on Federal Register of Legislation 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 series page on the Federal Register of Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Tropical Rock Lobster (Total Allowable Catch) Determination 2019.

2  Commencement

  This instrument commences on the day after it is registered.

3  Repeal

  This instrument is repealed on the day after 30 September 2020 unless revoked earlier. 

4  Authority

  This instrument is made pursuant to section 15A of the Torres Strait Fisheries Act 1984 and 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 definitions section of the Management Plan, including the following:

a)          fishing season;

b)         tropical rock lobster;

c)          TRL fishery; and

d)         total allowable catch.

 (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 fishing season commencing 1 December 2019, the total allowable catch of tropical rock lobster in the TRL fishery is 434,785 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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /subsubparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

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 Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

SubCh = SubChapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRL registration

Commencement

Application, saving and transitional provisions

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019

Registered 21/11/2019

F2019L01490

22/11/2019

 

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Amendment Determination (No. 1) 2020

Registered 4/03/2020

F2020L00217

5/03/2020

 

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Amendment Determination (No. 2) 2020

Registered 22/05/2020

F2020L00597

23/05/2020

 

Endnote 4—Amendment history

 

Provision affected

How affected

Section 6(1)

rs F2020L00217

Section 6(1)

rs F2020L00597

 

Overview

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019 was enacted to establish the total allowable catch (TAC) for tropical rock lobster within the Torres Strait Fisheries, specifically for the fishing season beginning on 1 December 2019. This legislative instrument was introduced to address the need for a sustainable management approach to the tropical rock lobster fishery in the Torres Strait, ensuring that the catch limits are set in a manner that supports both ecological sustainability and the socio-economic needs of local communities. The determination was made under the authority of section 15A of the Torres Strait Fisheries Act 1984 and section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. The policy objective is to provide a clear regulatory framework that balances the conservation of the tropical rock lobster stock with the livelihood needs of those who depend on the fishery for their income. The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019 specifies that for the designated fishing season, the total allowable catch of tropical rock lobster is set at 434,785 kilograms (unprocessed weight). This determination is crucial in implementing the management strategies outlined in the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018, ensuring that the fishery is managed in a manner that promotes long-term sustainability and equitable access to resources. The instrument was enacted by the relevant authority and is intended to be repealed on 30 September 2020, unless revoked earlier.

Scope and Application

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019 applies to the fishing industry in the Torres Strait, specifically regulating the total allowable catch (TAC) of tropical rock lobster for the fishing season commencing 1 December 2019. This legislation is made pursuant to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018, ensuring that the catch limits are set and adhered to for the specified fishery. The determination specifies that the total allowable catch of tropical rock lobster in the TRL fishery for the specified fishing season is 434,785 kilograms (unprocessed weight). The legislation's jurisdictional reach encompasses the Commonwealth and the Torres Strait region, where the specified fishery operates. The act does not explicitly state any exclusions, exemptions, or thresholds; however, it is subject to the broader provisions and definitions provided within the Torres Strait Fisheries Act 1984 and the Management Plan. The application and enforcement of this determination can be extended or restricted through subordinate instruments, which would be detailed within the broader legislative framework.

Key Provisions

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2019 (sections 1-6) sets the total allowable catch (TAC) for tropical rock lobster in the Torres Strait Rock Lobster Fishery (TRL fishery) for the fishing season starting on 1 December 2019. Specifically, section 6(1) specifies that the TAC is 434,785 kilograms (unprocessed weight). This determination is made under section 15A of the Torres Strait Fisheries Act 1984 and section 13 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. The determination commences on the day after it is registered and will be repealed on 30 September 2020 unless revoked earlier. The definitions used in the determination, such as "fishing season" and "total allowable catch," are detailed in the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. The Act imposes certain obligations on parties and entities involved in the TRL fishery. For example, the Act requires compliance with the specified TAC for the stated fishing season. Fishers and other stakeholders must adhere to this limit to ensure sustainable management of the tropical rock lobster resources within the Torres Strait. The Act also mandates that any changes to the TAC for subsequent seasons must be determined in accordance with the legislative framework outlined in the Torres Strait Fisheries Act 1984 and the relevant management plan. There are potential consequences for breaching the provisions of this Act. Offences under the Torres Strait Fisheries Act 1984, which this determination supports, may include civil or criminal penalties. The specific penalties depend on the nature and severity of the breach but can include fines and imprisonment. The exact maximum penalties are detailed in the Torres Strait Fisheries Act 1984 and related regulations, which provide a comprehensive framework for enforcement and compliance.

Legal classification tags

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

Interactions

Authorises

All Versions

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.