EXPLANATORY STATEMENT
Issued by the authority of the Torres Strait Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Torres Strait Prawn Fishery Management Plan 2009
Torres Strait Prawn Fishery Fishing Season Determination 2015
The Torres Strait Prawn Fishery Fishing Determination 2015 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 15A of the Torres Strait Fisheries Act 1984 (the Act) provides that the Minister may, by legislative instrument, determine a plan of management for a fishery in an area of Australian jurisdiction. A management plan made under the Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.
Subsection 2.3(1) of the Torres Strait Prawn Fishery Management Plan 2009 (the Plan) provides that, subject to subsection (2), the fishing season is the period from 6 pm on 1 March to 6 am on 1 December local time in a year (the usual period).
Subsection 2.3(2) of the Plan provides that the Protected Zone Joint Authority (PZJA) may determine that the fishing season in a particular year is to be a period other than the usual period.
Subsection 2.3(3) of the Plan provides that a determination made under subsection 2.3(2) for a year must:
a) be made at least 2 weeks before the start of the fishing season or, if the determination is extending the fishing season, at least 2 weeks before the end of the fishing season; and
b) be published on the PZJA website, and if practicable, notified to all holders of Torres Strait Prawn Fishery (TSPF) licences and TSPF Treaty endorsements.
The Determination determines the fishing season for the TSPF for the 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 2025 fishing seasons as the period from 6 pm on 1 February in the respective year to 6 am on 1 December local time in the same year.
Consultation
At the PZJA meeting on 5 August 2015, the PZJA agreed to an earlier opening date (1 February) in the TSPF starting in the 2016 season. The decision initiated the process for changing the season dates, which also required, and included a Native Title notification period, under the requirements of the Native Title Act 1993 allowing Native Title holders to comment on the proposed changes.
The determination allows for fishing activity to commence in the TSPF one month earlier than provided for in the usual period specified in the Plan. This will allow concession holders in the TSPF more time to supply product to market in time for the Easter period.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination due to it being minor in nature. (OBPR ID: 19680)
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The PZJA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The PZJA’s Statement of Compatibility is attached.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as the Torres Strait Prawn Fishery Fishing Season Determination 2015. |
Clause 2 | Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. |
Clause 4 | Determines the fishing season for the Torres Strait Prawn Fishery for the 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 2025 fishing seasons as the period from 6 pm on 1 February in the respective year to 6 am on 1 December local time in the same year. |
| |
Overview
The Torres Strait Prawn Fishery Fishing Season Determination 2015 was enacted by the Torres Strait Protected Zone Joint Authority (PZJA) to amend the fishing season for the Torres Strait Prawn Fishery (TSPF) as specified in the Torres Strait Prawn Fishery Management Plan 2009. This legislation was introduced to address the need for an earlier commencement of the fishing season to allow concession holders to supply products to market in time for the Easter period. The Determination specifies that the fishing season for the TSPF will commence on 6 pm on 1 February and conclude on 6 am on 1 December local time for the years 2016 to 2025. This change was decided following consultation with relevant stakeholders, including a Native Title notification period under the Native Title Act 1993. The PZJA ensured compliance with human rights by preparing a Statement of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011, affirming that the legislative instrument is compatible with human rights.
Scope and Application
The Torres Strait Prawn Fishery Fishing Season Determination 2015 (the Determination) is a legislative instrument issued under the Torres Strait Fisheries Act 1984 and the Torres Strait Prawn Fishery Management Plan 2009. It applies to all participants in the Torres Strait Prawn Fishery, including licence holders and concessionaires, within the jurisdictional area of the Torres Strait. The Determination extends the fishing season for the Torres Strait Prawn Fishery by allowing fishing activity to commence one month earlier than the usual period, specifically from 6 pm on 1 February to 6 am on 1 December local time. This change is designed to give concession holders additional time to supply their products to market in alignment with the Easter period. The Determination applies to the years 2016 through 2025 and is subject to the requirements of the Torres Strait Prawn Fishery Management Plan 2009. Any changes to the fishing season must be made at least two weeks prior to the start or end of the season and must be published on the Protected Zone Joint Authority website, with notifications sent to all relevant licence and endorsement holders if practicable. The Determination does not require a Regulation Impact Statement due to its minor nature and is deemed compatible with human rights.
Key Provisions
The Torres Strait Prawn Fishery Fishing Season Determination 2015 (the Determination) specifies the fishing season for the Torres Strait Prawn Fishery (TSPF) for the years 2016 to 2025. According to Clause 4, the fishing season is set to run from 6 pm on 1 February to 6 am on 1 December local time each year, effectively moving the start date one month earlier than the usual period defined in the Torres Strait Prawn Fishery Management Plan 2009 (subsection 2.3(1)). This change allows concession holders more time to supply prawns to the market ahead of the Easter period. Clause 2 establishes that the Determination takes effect the day after it is registered on the Federal Register of Legislative Instruments.
The Determination imposes several obligations on parties involved in the TSPF. Firstly, Clause 3 ensures consistency in the interpretation of terms by stipulating that any term used in the Determination, the Plan, or the Torres Strait Fisheries Act 1984 (the Act) will have the same meaning across these documents. Additionally, Clause 3(2) mandates that if a term is defined in the Plan or the Act but not in the Determination, it retains the meaning provided in the Plan or the Act. Subsection 2.3(3) of the Plan requires that any determination regarding a change to the fishing season must be made at least two weeks before the intended start or end of the fishing season, depending on whether the season is being extended or reduced. Furthermore, this determination must be published on the Protected Zone Joint Authority (PZJA) website and, if feasible, notified to all holders of TSPF licences and TSPF Treaty endorsements.
Failure to comply with the provisions of the Determination may result in legal repercussions. While the Determination itself does not specify explicit penalties, the Torres Strait Fisheries Act 1984 and the Torres Strait Prawn Fishery Management Plan 2009 provide a framework for enforcement. Violations of the Act or the Plan could lead to civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. The exact penalties are detailed within the Act and the Plan, but they generally reflect the seriousness of the non-compliance and its impact on fishery management and conservation objectives.
The Determination also aligns with broader regulatory frameworks. For instance, the process of altering the fishing season included a Native Title notification period, as required by the Native Title Act 1993, to ensure that Native Title holders had an opportunity to comment on the proposed changes. Additionally, the Office of Best Practice Regulation (OBPR) determined that a Regulation Impact Statement was not necessary for this Determination due to its minor nature. The PZJA has also assessed the Determination's compatibility with human rights, as required under the Human Rights (Parliamentary Scrutiny) Act 2011, and has provided a Statement of Compatibility to this effect.