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 2016
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2016 (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) 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(1) 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(2) further provides that before making the TAE determination the PZJA must consult with the Torres Strait Prawn Management Advisory Committee and consider their views, and may consult with and consider the views of other interested persons. Section 2.5(4) provides that the TAE determination must be described in terms of fishing days.
The Determination determines the total allowable effort for the Torres Strait Prawn Fishery for the 2016, 2017 and 2018 fishing seasons at 9,200 fishing days.
Consultation
The TSPMAC was consulted on the determination of the proposed 2016-2018 TAE limit at its meeting in June 2015. 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 August - September 2015.
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 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.
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 2016. |
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 is repealed on 31 December 2018 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 2016, 2017 and 2018 fishing season at 9,200 days. |
Overview
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2016 is a legislative instrument enacted by the Torres Strait Protected Zone Joint Authority to address the need for a sustainable and economically viable prawn fishery in the Torres Strait. This Determination, under the Torres Strait Fisheries Act 1984, sets out the Total Allowable Effort (TAE) for the fishery at 9,200 fishing days for the 2016, 2017 and 2018 fishing seasons. This legislative instrument aims to ensure that the prawn fishery is managed in a manner that is both environmentally sustainable and economically beneficial. The Determination follows consultations with the Torres Strait Prawn Management Advisory Committee and relevant Native Title holders, ensuring a balanced approach that takes into account the interests of all stakeholders. This legislative measure is designed to maintain the ecological integrity of the fishery while supporting the economic needs of the local communities and industry involved.
Scope and Application
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2016 applies to the Torres Strait Prawn Fishery, encompassing all activities and entities involved in prawn fishing within the designated area. This legislation falls under the jurisdiction of the Torres Strait Protected Zone Joint Authority, which is mandated by the Torres Strait Fisheries Act 1984 to manage the fishery. The Act applies to all commercial prawn fishing operations conducted within the Torres Strait, ensuring that fishing activities are conducted in a manner that is both environmentally sustainable and economically viable. The Determination sets the total allowable effort (TAE) for the fishery at 9,200 fishing days for the 2016, 2017, and 2018 fishing seasons, reflecting the sustainable fishing limit recommended by the Torres Strait Prawn Management Advisory Committee. The geographic scope of this legislation is limited to the Torres Strait region, ensuring localised management that takes into account the unique environmental and socio-economic conditions of the area. The Determination is subject to periodic review and adjustment as necessary to maintain sustainability, and any changes are to be made in consultation with relevant stakeholders, including industry representatives, Traditional Inhabitants, and government bodies.
Key Provisions
The main operative sections of the Torres Strait Prawn Fishery Total Allowable Effort Determination 2016 (the Determination) provide for the setting of the total allowable effort (TAE) for the Torres Strait Prawn Fishery for the 2016, 2017 and 2018 fishing seasons at 9,200 days (Clause 5). The Determination is a legislative instrument under the Legislative Instruments Act 2003, which operates to give legal effect to the decisions made by the Protected Zone Joint Authority (PZJA) concerning the management of the fishery. It commences on the day after registration on the Federal Register of Legislative Instruments (Clause 2) and is repealed on 31 December 2018 unless earlier revoked (Clause 3). The terms used in the Determination have the same meanings as those in the Torres Strait Prawn Fishery Management Plan 2009 and the Torres Strait Fisheries Act 1984 (Clause 4).
The obligations and requirements imposed by the Determination on the parties and entities it governs include the need for the PZJA to consult with the Torres Strait Prawn Management Advisory Committee (TSPMAC) and consider their views before making the TAE determination (Section 2.5(2) of the Plan). The TSPMAC is the principal advisory body for the PZJA on Torres Strait Prawn Fishery 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 August – September 2015. The Determination also requires the TAE to be described in terms of fishing days (Section 2.5(4) of the Plan).
There are no specific offences, penalties or civil/criminal consequences mentioned for breach of the Determination. However, the Torres Strait Fisheries Act 1984 and the Torres Strait Prawn Fishery Management Plan 2009 may contain provisions that relate to compliance and enforcement, including potential penalties for non-compliance with the provisions of the Act or the Plan. The Determination is compatible with human rights, as assessed by the PZJA under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and a Statement of Compatibility is attached.