Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2022L01361 Not in force Legislative Instrument

Legislation content

 

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022

made under sections 13 and 14 of the 

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

Compilation No. 1 

Compilation date: 6 April 2023

Includes amendments up to: F2023L00421

About this compilation

This compilation

This is a compilation of the Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022 that shows the text of the law as amended and in force on 6 April 2023 (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 Legislation 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 series page on the Legislation 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.

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 Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2022.

3  Repeal

  This instrument is repealed on the day after 30 September 2023 unless revoked earlier. 

4  Authority

  This instrument is made pursuant sections 13 and 14 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 the definitions section of the Management Plan, including the following:

a)        fishing season;

b)       total allowable catch;

c)        TRL fishery; and

d)       tropical rock lobster.

 (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 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 on 1 December 2022 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 351,675 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.

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

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

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 Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022

18 Oct 2022 (F2022L01361)

19 Oct 2022 (s.2)

 

Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Amendment Determination (No. 1) 2023

05 Apr 2023 (F2023L00421)

06 Apr 2023 (s 2)

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2……………………………….

s.4 ……...……………………….

s.6……………………………….

rep s.48D LA

rs F2023L00421

rs F2023L00421

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022 was enacted to address the management and sustainability of the tropical rock lobster (Kaiar) fishery in the Torres Strait, as outlined in the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. This legislative instrument was made under sections 13 and 14 of the Management Plan and was issued by the relevant authority to specify the total allowable catch for the tropical rock lobster fishery. The initial total allowable catch for the fishing season commencing on 1 December 2022 was set at 200,000 kilograms (unprocessed weight). Subsequently, an amendment increased this figure to 351,675 kilograms (unprocessed weight). The determination also outlines the repeal of the instrument on the day after 30 September 2023 unless revoked earlier.

Scope and Application

The Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022 applies to the total allowable catch of tropical rock lobster in the Torres Strait Fisheries (TRL) for the specified fishing season. This legislation is enacted under sections 13 and 14 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018. Initially, the total allowable catch for the fishing season starting on 1 December 2022 was set at 200,000 kilograms (unprocessed weight). Subsequently, the total allowable catch was increased to 351,675 kilograms (unprocessed weight) as per subsection 14(1) of the Management Plan. The instrument is repealed on the day after 30 September 2023 unless revoked earlier. This determination does not specify any exclusions or exemptions and is subject to any relevant subordinate instruments that may extend or restrict its application. Uncommenced amendments and modifications affecting the law can be accessed on the Legislation Register.

Key Provisions

The main operative sections of the Torres Strait Fisheries Tropical Rock Lobster (Total Allowable Catch) Determination 2022 (the Determination) set forth the total allowable catch (TAC) for tropical rock lobster (TRL) within the Torres Strait Rock Lobster Fishery (TRLF) for the fishing season beginning on 1 December 2022. Section 6(1) establishes the initial TAC at 200,000 kilograms (unprocessed weight) and Section 6(2) increases this amount to 351,675 kilograms (unprocessed weight). This instrument is made under the authority of sections 13 and 14 of the Torres Strait Fisheries (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 (Management Plan). The Determination imposes obligations on parties or entities involved in the TRLF, ensuring compliance with the specified TAC to manage and conserve the resource sustainably. This includes adhering to the stipulated catch limits and any other requirements or conditions outlined in the Management Plan or other related regulations. Entities and individuals must ensure their activities are in line with the provisions of the Determination and the Management Plan to avoid any legal repercussions. Failure to comply with the provisions of the Determination could lead to various civil or criminal consequences, depending on the nature and severity of the breach. While specific offences and penalties are not detailed within the Determination itself, breaches of similar fisheries management legislation typically involve fines and, in severe cases, criminal charges. The maximum penalties may vary, but they could include substantial fines for both individuals and corporations, as well as potential imprisonment for serious or repeated violations. The exact penalties would be determined by the courts based on the specific circumstances of the breach and any applicable laws.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Total Allowable Catch

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.