Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2024L00106 In force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

Issued by authority of the Protected Zone Joint Authority  

Torres Strait Fisheries Act 1984

Torres Strait Prawn Fishery Management Plan 2009

Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024

Legislative authority

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 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.

Subsection 35(1) of the Act provides for the Protected Zone Joint Authority (PZJA) to exercise the powers of the Minister under subsection 15A of the Act in respect of a ‘Protected Zone Joint Authority fishery’.

Subsection 28(1) of the Act provides that a ‘Protected Zone Joint Authority fishery’ is a fishery in respect of which an arrangement under Part V of the Act is in place.  The Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984 (the PZJA Arrangement[1]), made under Part V of the Act, provides that the PZJA is to have management of commercial fishing of any kind other than certain exceptions, in the areas described in subsection 4(2) of the PZJA Arrangement.

Subsection 2.5(1) of the Torres Strait Prawn Fishery Management Plan 2009 (the Management Plan) stipulates that at least every 3 years the PZJA will determine the total allowable effort (TAE) for the fishery, based on the reference points determined under section 2.4, or other management strategy.

The Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).  

Due to application of subsection 44(1) of the Legislation Act, the Determination is exempt from parliamentary scrutiny and is not subject to sunsetting by application of subsection 54(1) and paragraph 54(2)(b) of the Legislation Act, read together with item 63AB of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015.

Purpose

The purpose of the instrument is to determine the TAE for the Torres Strait Prawn Fishery (TSPF) for the 2024, 2025 and 2026 fishing seasons. The fishing season is determined under subsection 2.3(2) of the Management Plan. Pursuant to subsection 2.5(1) of the Management Plan, the PZJA determines the TAE for the 2024, 2025 and 2026 fishing seasons in the TSPF to be 9,200 fishing days for each fishing season.

Consultation

Subsection 2.5(2) of the Management Plan stipulates that before determining the TAE, the PZJA will consult the Torres Strait Prawn Management Advisory Committee (TSPMAC) and consider its views; and may consult and consider the views of interested persons. The TSPMAC is established under subsection 40(7) of the Act.  Its membership comprises an independent Chair, PZJA agencies (Australian Fisheries Management Authority (AFMA), Torres Strait Regional Authority, and Queensland Department of Agriculture and Fisheries), a scientist and industry (from both the traditional inhabitant and non-traditional inhabitant sectors). 

AFMA, on behalf of the PZJA, consulted the TSPMAC at its November 2022 meeting. The TSPMAC was supportive of maintaining the TAE at 9,200 days for each fishing season for the next three years, unless the TAE is required to be changed by the TSPF harvest strategy. If a new TAE level is needed the TSPMAC will be consulted to make a recommendation on a new TAE.

This recommendation was made noting that under the new proposed harvest strategy rules, a continuous TAE of 9,200 days is recommended, alongside catch rate triggers which indicate whether the TAE may need to be changed or left alone. Under the subsection 2.6 of the Management Plan, the PZJA can change the TAE during, and between, fishing seasons if needed.

Under subsection 2.5(5) of the Management Plan a determination made under section 2.5 of the Management Plan must be published on the PZJA website and, if practicable, notified to all holders of TSPF boat licences and TSPF Treaty endorsements.

Native Title

Native Title notification under section 24HA of the Native Title Act 1993 was undertaken from 18 September – 16 October 2023. There were no comments received on the TAE as part of this process. 

Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

As the instrument is exempt from disallowance through the process of parliamentary scrutiny, by application of subsection 44(1) of the Legislation Act, a statement of compatibility with human rights does not have to be prepared for the purpose of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Impact Analysis

The Office of Impact Analysis (OIA) advised that an Impact Analysis was not required for this instrument (OIA OIA24-06391). 

Details of the instrument are set out in Attachment A.

ATTACHMENT A

Details on provisions

Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024

Section 1

Provides that the name of the instrument is the Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024.

Section 2

Provides that the instrument commences on the day after registration on the Federal Register of Legislation.

Section 3

Provides that the instrument is made under section 2.5 of the Torres Strait Prawn Fishery Management Plan 2009.

Section 4

Provides for the definitions used in the Instrument.

Section 5

Provides that the total allowable effort for the Torres Strait Prawn Fishery for the 2024, 2025 and 2026 fishing seasons is a total of 9,200 fishing days for each fishing season.

 

 

 

 

[1] PZJA Arrangement means the document titled “Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984” dated 17 March 1999 and published on the Federal Register of Legislation, as that document exists at the commencement of this Instrument.

Note: The PZJA Arrangement could in 2024 be viewed on the website of the Federal Register of Legislation (https://www.legislation.gov.au/Details/F2008B00750).

Overview

The Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024 was enacted to establish the total allowable effort (TAE) for the Torres Strait Prawn Fishery (TSPF) for the 2024, 2025, and 2026 fishing seasons, as mandated by the Torres Strait Fisheries Act 1984. This legislation was enacted by the Protected Zone Joint Authority (PZJA) in accordance with section 15A of the Act, which empowers the Minister to determine a management plan for a fishery in Australian jurisdiction. The PZJA, which exercises the powers of the Minister for fisheries in the Torres Strait under an arrangement with the State of Queensland, is responsible for implementing the provisions of the Act. The primary policy objective of this determination is to ensure sustainable management of the TSPF, thereby balancing ecological sustainability with economic and social considerations. In line with the Torres Strait Prawn Fishery Management Plan 2009, the PZJA consulted the Torres Strait Prawn Management Advisory Committee (TSPMAC) and considered its views before finalizing the TAE for the specified fishing seasons. The TSPMAC, comprising representatives from various sectors including traditional and non-traditional inhabitants, scientists, and government agencies, recommended maintaining the TAE at 9,200 days for each season unless changes are necessitated by the TSPF harvest strategy. This recommendation aligns with the new proposed harvest strategy rules, which recommend a continuous TAE of 9,200 days, subject to catch rate triggers that may indicate a need for adjustment. The determination also adheres to the legislative requirements, including exempting the instrument from parliamentary scrutiny and ensuring compliance with the Human Rights (Parliamentary Scrutiny) Act 2011 and the Native Title Act 1993.

Scope and Application

The Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024 applies to the Protected Zone Joint Authority (PZJA), which is responsible for managing the commercial fishing activities within the Torres Strait Prawn Fishery (TSPF). This includes determining the total allowable effort (TAE) for the fishery for the specified fishing seasons. The geographic reach of this legislation is limited to the waters of the Torres Strait, under the jurisdiction of the PZJA, which is an arrangement between the Commonwealth and the State of Queensland as outlined in the Torres Strait Fisheries Act 1984. The Determination exempts itself from parliamentary scrutiny and sunsetting provisions under the Legislation Act 2003, as it falls under specific exemptions outlined in the Legislation (Exemptions and Other Matters) Regulation 2015. The TAE is determined to be 9,200 fishing days for each of the 2024, 2025, and 2026 fishing seasons, as per the management plan and after consultation with relevant advisory committees and stakeholders. Additionally, no impact analysis was required for this Determination, as advised by the Office of Impact Analysis.

Key Provisions

The main operative sections of the Torres Strait Prawn Fishery (Total Allowable Effort) Determination 2024 (the Determination) include Section 5, which sets the total allowable effort (TAE) for the Torres Strait Prawn Fishery (TSPF) at 9,200 fishing days for each of the 2024, 2025, and 2026 fishing seasons. This is pursuant to Section 2.5 of the Torres Strait Prawn Fishery Management Plan 2009 (the Management Plan), which mandates that the Protected Zone Joint Authority (PZJA) must determine the TAE at least every three years based on reference points or other management strategies. Section 2 of the Determination specifies that it commences on the day after registration on the Federal Register of Legislation, and Section 3 indicates that it is made under Section 2.5 of the Management Plan. Section 4 provides definitions for terms used within the instrument. The Determination imposes several obligations and requirements on the PZJA. Firstly, under Section 2.5(1) of the Management Plan, the PZJA is required to determine the TAE for the TSPF every three years, and in this instance, it has set the TAE at 9,200 fishing days for each of the next three fishing seasons. This determination must be based on the reference points set out in the Management Plan or other management strategies. Additionally, before making the determination, the PZJA must consult the Torres Strait Prawn Management Advisory Committee (TSPMAC) and consider its views, as stipulated in Section 2.5(2) of the Management Plan. The PZJA is also required to publish the determination on its website and, if practicable, notify all holders of TSPF boat licences and TSPF Treaty endorsements, as per Section 2.5(5) of the Management Plan. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, any failure to adhere to the TAE as determined under the Determination could potentially lead to regulatory action under the Torres Strait Fisheries Act 1984 (the Act) or the Torres Strait Prawn Fishery Management Plan 2009. Non-compliance with fishing regulations could result in penalties as prescribed under the Fisheries Management Act 1991 or other relevant legislation, which may include fines, licence suspension, or other enforcement actions. The Act itself provides for penalties for offences such as exceeding the permitted TAE, which could lead to substantial fines and other civil or criminal consequences as determined by the courts.

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Environmental Law
Fisheries Law
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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.