Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L01197 Not in force Legislative Instrument

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Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2020

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. 1  

Compilation date:    2/03/2021

Includes amendments up to: F2021L00175

 

 

About this compilation

 

This compilation

This is a compilation of the Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2020 that shows the text of the law as amended and in force on 2/03/2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2020.

2  Commencement

  This instrument commences on the day after it is registered.

3  Repeal

  This instrument is repealed on the day after 30 September 2021 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 2020, the total allowable catch of tropical rock lobster in the TRL fishery is 420,863 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 2020

Registered 22/09/2020

F2020L01197

23/09/2020

 

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Amendment Determination (No. 1) 2021

Registered 1/03/2021

F2021L00175

2/03/2021

 

Endnote 4—Amendment history

 

Provision affected

How affected

Sections 6

rs F2021L00175

 

Overview

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2020, enacted 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, addresses the issue of establishing a total allowable catch for tropical rock lobster within the Torres Strait. This legislative instrument was developed by the relevant authorities to ensure sustainable fishing practices and to manage the fisheries resources effectively in the region. The primary policy objective is to provide a clear and legally binding framework for the management of tropical rock lobster fisheries, ensuring that fishing activities are conducted in a manner that is both ecologically sustainable and economically viable. The instrument is set to commence on the day after its registration and will be repealed on 30 September 2021 unless revoked earlier.

Scope and Application

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2020 applies to the total allowable catch (TAC) of tropical rock lobster within the Torres Strait Rock Lobster (TRL) fishery, specifically for the fishing season commencing on 1 December 2020. This legislative instrument is 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. It sets the TAC for tropical rock lobster at 420,863 kilograms (unprocessed weight) for the specified fishing season. The instrument has a geographic reach that is limited to the Torres Strait area, which falls under the Commonwealth jurisdiction. The Determination is repealed on 30 September 2021 unless revoked earlier, and any uncommenced amendments are accessible on the Federal Register of Legislation. Subordinate instruments may further extend or restrict the application of this Determination.

Key Provisions

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2020 (the Determination) sets the total allowable catch (TAC) for tropical rock lobster (Kaiar) in the Torres Strait Rock Lobster Fishery (TRL fishery) for the fishing season commencing on 1 December 2020. According to section 6 of the Determination, the TAC for this period is 420,863 kilograms (unprocessed weight). The Determination 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. The Determination imposes obligations on parties involved in the TRL fishery, primarily to ensure compliance with the specified TAC. This includes fishers, fishing enterprises, and other entities engaged in activities related to the harvesting of tropical rock lobster within the defined fishery. They must adhere to the catch limits established by the Determination to avoid overfishing and to comply with sustainable management practices. Compliance with the TAC is essential for maintaining the ecological balance and ensuring the long-term sustainability of the resource. Breaches of the Determination may result in civil and criminal penalties. Under the Torres Strait Fisheries Act 1984, penalties for non-compliance can include fines and imprisonment. The exact penalties may vary depending on the severity and frequency of the offence. For instance, exceeding the TAC can result in significant fines, and repeated or egregious violations may lead to criminal charges and imprisonment for individuals or corporate entities involved. The penalties underscore the importance of adhering to the specified TAC and highlight the legal consequences of failing to comply with the provisions set out in the Determination.

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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.