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 Total Allowable Effort Determination 2014
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2014 (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 a plan of management 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.
Paragraph 15A 4(b) of the Act provides that the Minister may in a plan of management for a fishery, determine the manner in which the fishing capacity of the fishery is to be measured; and provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.
Section 2.5 of the Torres Strait Prawn Fishery Management Plan 2009 (the Plan) provides that at least every three years the Protected Zone Joint Authority (PZJA) may determine a Total Allowable Effort (TAE) for the fishery based on reference points determined under section 2.4 of the Plan. Section 2.5 further provides that before making the TAE determination the PZJA must consult with the Torres Strait Prawn Management Advisory Committee (TSPMAC) and consider their views, and may consult with and consider the views of other interested persons. Section 2.5 provides that the TAE determination must be described in terms of fishing days.
The Determination determines the TAE for the Torres Strait Prawn Fishery for the 2014 fishing season at 9,200 fishing days.
Consultation
The TSPMAC was consulted on the determination of the proposed 2014 TAE at its meeting in July 2013. The TSPMAC is the principal advisory body for the PZJA on TSPF management issues and includes members representing industry, Traditional Inhabitants, Government and scientific interests. Relevant Native Title holders were also consulted under the requirements of the Native Title Act 1993 during January/ February 2014.
The recommended TAE limit is considered to be the current environmental and economically sustainable fishing limit for the fishery.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
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 as a supporting document.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as the Torres Strait Prawn Fishery Total Allowable Effort Determination 2014. |
Clause 2 | Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the Determination ceases as if it was revoked on 1 December 2014 unless earlier revoked. |
Clause 4 | 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 5 | Determines the total allowable effort for the Torres Strait Prawn Fishery for the 2014 fishing season. |
Overview
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2014 was enacted by the Torres Strait Protected Zone Joint Authority (PZJA) under the authority of the Torres Strait Fisheries Act 1984. This legislation was introduced to address the need for effective management of the Torres Strait Prawn Fishery, ensuring its sustainability while considering environmental, economic, and social factors. The 2014 Determination sets the Total Allowable Effort (TAE) for the fishery at 9,200 fishing days for the 2014 fishing season, reflecting a balance between environmental sustainability and economic viability. The PZJA consulted with the Torres Strait Prawn Management Advisory Committee and relevant Native Title holders during the development of this Determination to ensure a comprehensive and inclusive approach to fishery management. The Determination is considered compatible with human rights, as assessed under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2014 applies to entities and individuals involved in the operation of the Torres Strait Prawn Fishery, specifically within the jurisdictional scope of the Torres Strait Fisheries Act 1984. This legislation pertains to the management of fishing activities within the Torres Strait, encompassing both Commonwealth and state waters. The Act applies to all stakeholders in the fishery, including commercial and recreational fishers, processors, and other associated industries. The Determination sets out the total allowable effort (TAE) for the fishery, measured in fishing days, for the 2014 fishing season, with the aim of ensuring the sustainability of the fishery. The TAE is determined by the Protected Zone Joint Authority (PZJA) in consultation with the Torres Strait Prawn Management Advisory Committee (TSPMAC) and other relevant stakeholders. The Determination provides for the periodic review and adjustment of the TAE, ensuring that it remains aligned with environmental and economic sustainability goals. The Act does not specify any exclusions or exemptions, but the TAE determination process may inherently exclude certain activities not directly related to the prawn fishery. The application of the Act may also be extended or restricted through subordinate instruments, which can provide further detail on the implementation and enforcement of the TAE limits.
Key Provisions
The main operative sections of the Torres Strait Prawn Fishery Total Allowable Effort Determination 2014 include Clause 1, which provides for the citation of the Determination, Clause 2, which details the commencement of the Determination, Clause 3, which specifies the cessation of the Determination unless earlier revoked, and Clause 4, which ensures that terms used within the Determination have the same meaning as those defined in the Torres Strait Prawn Fishery Management Plan 2009 and the Torres Strait Fisheries Act 1984. The critical provision is Clause 5, which determines the total allowable effort for the 2014 fishing season at 9,200 fishing days.
Under the Act, the Protected Zone Joint Authority (PZJA) is required to consult with the Torres Strait Prawn Management Advisory Committee (TSPMAC) and consider their views before determining the Total Allowable Effort (TAE). The PZJA may also consult with and consider the views of other interested parties, including relevant Native Title holders. The TAE determination must be described in terms of fishing days and is based on reference points determined under the Plan. This ensures that the determination aligns with the sustainable management objectives of the fishery.
The Determination imposes obligations on the PZJA to conduct appropriate consultations, consider advice from the TSPMAC, and ensure that the TAE determination is made in accordance with the Plan and the Act. The Determination also ensures that the TAE is consistent with the environmental and economic sustainability of the fishery. Furthermore, the PZJA must ensure that the Determination is compatible with human rights, as assessed under the Human Rights (Parliamentary Scrutiny) Act 2011.
Breaches of the provisions of the Determination could lead to legal consequences. Although the Determination itself does not specify penalties, non-compliance with the management plan and the Act could result in civil or criminal penalties as outlined in the Torres Strait Fisheries Act 1984. These could include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The Act also provides for the recovery of costs incurred by the PZJA in enforcing the provisions of the Act and the Plan.