Torres Strait Fisheries Act 1984.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act provides rules relative to fisheries in the Torres Strait. The text consists of 7 Parts (60 sections), i.e. Preliminary (I); Administration (II); Regulation of Fishing (III); Licences, endorsements and entries (IV); Arrangements with Queensland (V); Enforcement (VI); Miscellaneous (VII).
Part I gives, among other things, definitions such as Protected Zone, Community Fishing, Traditional Inhabitants, Traditional Fishing and Treaty Endorsement (sect. 3). Sections 4, 5 and 6 define the scope of application of the Act. These provisions differentiate between the Protected Zone, protected coastal waters of Queensland, and waters governed by an arrangement (Part V) or by a Proclamation (sect. 15-1). "In the administration of this Act, regard shall be had to the rights and obligations conferred on Australia by the Torres Strait Treaty and in particular to the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing " (sect. 8). Part III, on regulation of fishing, stipulates that the Minister may, by notice, require from a boat master information, with respect to, inter alia: (a) catch returns; (b) where the boat enters or leaves an area of Australian jurisdiction, and; (c) delivery of fish. The Governor-General may, by Proclamation, declare an area to be outside but near the Protected Zone for the performance of a class of activities by way of commercial fishing as specified in the Proclamation (sect. 15-1). Where traditional inhabitants who are citizens of Papua New Guinea had, before the entry into force of the Torres Strait Treaty, customarily engaged in traditional fishing in a specific area, the Governor-General may, by Proclamation, declare that area to be an area in the vicinity of the Protected Zone for the purposes of this Act (sect. 15-2). Section 16 regulates fishing activities. Part IV provides for licenses for community and other commercial fishing, endorsements of such licenses and entries into such licenses. Under Part V, the Commonwealth may make an arrangement with Queensland. Such an arrangement shall provide either that: (a) the fishery (being a fishery wholly or partly in the Protected Zone coastal waters of Queensland) is to be managed in accordance with the law of the Commonwealth; or (b) the fishery (being a fishery wholly or partly in waters on the seaward side of the Protected Zone coastal waters of Queensland) is to be managed in accordance with the law of Queensland (sect. 31). Such particular fishery is to be managed by the Protected Zone Joint Authority established under section 30. Functions and powers of the Authority are set out in sections 34, 35, and 36. Provisions of Part VI and Part VII prescribe enforcement measures, offences and penalties. Section 60 provides a list of matters which the Minister may regulate.
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act (sect. 4A). The Act contains provisions relating to detention of suspected illegal foreign fishers.
Part I gives, among other things, definitions such as Protected Zone, Community Fishing, Traditional Inhabitants, Traditional Fishing and Treaty Endorsement (sect. 3). Sections 4, 5 and 6 define the scope of application of the Act. These provisions differentiate between the Protected Zone, protected coastal waters of Queensland, and waters governed by an arrangement (Part V) or by a Proclamation (sect. 15-1). "In the administration of this Act, regard shall be had to the rights and obligations conferred on Australia by the Torres Strait Treaty and in particular to the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing " (sect. 8). Part III, on regulation of fishing, stipulates that the Minister may, by notice, require from a boat master information, with respect to, inter alia: (a) catch returns; (b) where the boat enters or leaves an area of Australian jurisdiction, and; (c) delivery of fish. The Governor-General may, by Proclamation, declare an area to be outside but near the Protected Zone for the performance of a class of activities by way of commercial fishing as specified in the Proclamation (sect. 15-1). Where traditional inhabitants who are citizens of Papua New Guinea had, before the entry into force of the Torres Strait Treaty, customarily engaged in traditional fishing in a specific area, the Governor-General may, by Proclamation, declare that area to be an area in the vicinity of the Protected Zone for the purposes of this Act (sect. 15-2). Section 16 regulates fishing activities. Part IV provides for licenses for community and other commercial fishing, endorsements of such licenses and entries into such licenses. Under Part V, the Commonwealth may make an arrangement with Queensland. Such an arrangement shall provide either that: (a) the fishery (being a fishery wholly or partly in the Protected Zone coastal waters of Queensland) is to be managed in accordance with the law of the Commonwealth; or (b) the fishery (being a fishery wholly or partly in waters on the seaward side of the Protected Zone coastal waters of Queensland) is to be managed in accordance with the law of Queensland (sect. 31). Such particular fishery is to be managed by the Protected Zone Joint Authority established under section 30. Functions and powers of the Authority are set out in sections 34, 35, and 36. Provisions of Part VI and Part VII prescribe enforcement measures, offences and penalties. Section 60 provides a list of matters which the Minister may regulate.
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act (sect. 4A). The Act contains provisions relating to detention of suspected illegal foreign fishers.
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Long title of text
An Act relating to fisheries in certain waters between Australia and the Independent State of Papua New Guinea.
Notes
Last amendments up to: Statute Law Revision Act (No. 1) 2016, No. 4 of 11 February 2016. Reprinted as at 16 June 2016.
Repealed
No
Source language
English
Legislation Amendment
No
Amended by
Implemented by