Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L01252 Not in force Legislative Instrument

Legislation content

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021

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:    12/03/2022

Includes amendments up to: F2022L00300

 

 

 

 

 

About this compilation

 

This compilation

This is a compilation of the Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021 that shows the text of the law as amended and in force on 12/03/2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2021.

3  Repeal

  This instrument is repealed on the day after 30 September 2022 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 2021, the total allowable catch of tropical rock lobster in the TRL fishery is 415,125 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 2021

Registered 10/09/2021

F2021L01252

11/09/2021

 

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Amendment Determination (No. 1) 2022

Registered 11/03/2022

F2022L00300

12/03/2022

 

Endnote 4—Amendment history

 

Provision affected

How affected

Section 2

rep s. 48D LA

Sections 6(1)

rs F2022L00300

 

 

 

Overview

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021, 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, was enacted to set the total allowable catch (TAC) for tropical rock lobster in the Torres Strait for the fishing season starting 1 December 2021. The primary objective of this legislative instrument is to manage and regulate the fishing of tropical rock lobster in the Torres Strait to ensure sustainable fishing practices and the protection of the species. This determination is essential for maintaining the ecological balance and supporting the livelihoods of local communities who depend on this fishery. The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021 establishes the total allowable catch for tropical rock lobster at 415,125 kilograms (unprocessed weight) for the specified fishing season. This determination applies to the entire fishing season and is integral to the overarching management plan which aims to balance ecological sustainability with economic needs. This legislative instrument will be repealed on the day after 30 September 2022, unless revoked earlier, reflecting the need for periodic review and adjustment of catch limits based on scientific assessments and changing environmental conditions.

Scope and Application

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021 applies to the total allowable catch of tropical rock lobster in the Torres Strait Fisheries (TRL) for the fishing season beginning on 1 December 2021. It 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. The determination specifies that the total allowable catch for tropical rock lobster in the TRL fishery for the designated fishing season is 415,125 kilograms (unprocessed weight). The determination affects all entities engaged in fishing for tropical rock lobster within the TRL fishery, including individuals and companies licensed to operate within the Torres Strait. The instrument has a jurisdictional reach within the Commonwealth of Australia, specifically addressing fisheries management in the Torres Strait area. The determination is subject to repeal on the day after 30 September 2022, unless revoked earlier, and any amendments up to the compilation date of 12 March 2022 are included in this compilation. The effect of uncommenced amendments is not shown in the text of the compiled law, but details are accessible on the Federal Register of Legislation.

Key Provisions

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2021 (the Determination) sets out the total allowable catch (TAC) for tropical rock lobster in the Torres Strait for the fishing season commencing 1 December 2021. According to section 6(1) of the Determination, the TAC for that fishing season is 415,125 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 (section 4). The Determination is repealed on the day after 30 September 2022 unless revoked earlier (section 3). The Determination imposes certain obligations on the parties and entities it governs. Firstly, it requires adherence to the specified TAC for tropical rock lobster in the TRL fishery for the stated fishing season. The TAC is a critical parameter for managing the fishery sustainably and ensuring that the resource is not overexploited. The Determination also mandates compliance with the definitions and terms provided in the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 (section 5). These definitions include terms such as "fishing season," "tropical rock lobster," "TRL fishery," and "total allowable catch," which are essential for interpreting and implementing the Determination correctly. Failure to comply with the provisions of the Determination may result in various civil and criminal consequences. While the Determination itself does not explicitly list offences or penalties, breaches of related laws, such as the Torres Strait Fisheries Act 1984 or other relevant regulations, can lead to significant penalties. Under the Torres Strait Fisheries Act 1984, offences related to fishing without a permit, exceeding catch limits, or engaging in illegal fishing activities can result in substantial fines and, in severe cases, imprisonment. The exact penalties depend on the specific breach and are detailed in the Torres Strait Fisheries Act 1984 and associated regulations. It is essential for all parties involved in the fishery to be aware of these potential consequences to ensure compliance with the law.

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.