Federal Register of Legislation - Australian Government

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Proclamations/Other as made
This Proclamation provides for areas to be declared outside but near the Protected Zone in respect of commercial fishing for prawns, tropical rock lobster, Spanish mackerel, dugog, turtles and pearl shell.
Administered by: Agriculture, Water and the Environment
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 63AB
Registered 25 Nov 2008
Gazetted 14 Feb 1985

 


PrOCLAMATION

commonwealth of
Australia
N. M. STEPHEN
Governor-General

By His Excellency the
Governor-General of
the Commonwealth of
Australia

 

 

Whereas it is provided by sub-section 15 (1) of the Torres
Strait Fisheries Act 1984
that the Governor-General may, by Proclamation, declare an area of waters specified in the Proc-
lamation that is adjacent to the Protected Zone and to the
south of the line described in Annex 5 to the Torres Strait
Treaty to be an area outside but near the Protected Zone for
the purposes of the performance, in the course of commercial
fishing, of any activity that is included in a class of activities by
way of commercial fishing specified in the Proclamation:

      and whereas it is provided by sub-section 15 (3) of
that Act that the Governor-General shall not make a Procla-
mation under sub-section 15 (1) in relation to an area that is
wholly or partly within the coastal waters of Queensland un-
less the Governor-General is satisfied that the Minister and
the Queensland Minister have agreed that the Proclamation
be made in relation to that area:

      AND WHEREAS i am satisfied that the Minister and the Queensland Minister have agreed that this Proclamation be
made under sub-section 15 (1) in relation to the areas of
waters specified below:

      NOW THEREFORE I, SIR NINIAN MARTIN
STEPHEN, the Governor-General of the Commonwealth of
Australia, acting with the advice of the Federal Executive
Council, in pursuance of sub-section 15 (1) of the Torres
Strait Fisheries Act 1984
, hereby –

   (a)  declare the area of waters specified in Schedule 1 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
prawns;

   (b)  declare the area of waters specified in Schedule 2 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
tropical rock lobster;

   (c)  declare the area of waters specified in Schedule 3 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
Spanish mackerel;

   (d)  declare the area of waters specified in Schedule 4 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
dugong;

   (e)  declare the area of waters specified in Schedule 5 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-
cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
turtles;

   (f)  declare the area of waters specified in Schedule 6 to be
an area outside but near the Protected Zone for the
purposes of the performance, in the course of commer-

 

 

         cial fishing, of any activity that is included in the class
of activities that constitute commercial fishing for
pearl shell; and

   (g)  declare that in a Schedule to this Proclamation
"Fisheries Jurisdiction Line" means the line referred to
in paragraph (a) of the definition of "area of Aus-
tralian jurisdiction" in sub-section 3 (1) of the Torres
Strait Fisheries Act 1984.

_________________________

SCHEDULE 1

AREA DECLARED IN RESPECT OF COMMERCIAL FISHING FOR PRAWNS

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

   (1)  commencing at the point of Latitude 10°28'00" South, Longitude 142°09'00" East;

   (2)  running thence east along the parallel of Latitude
10°28'00" South to its intersection by the meridian of
Longitude 144°00'00" East;

   (3)  thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

   (4)  thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

   (5)  thence south along that meridian to its northernmost intersection by the coastline of Cape York Peninsula at
low water;

   (6)  thence generally south-westerly along the western
coastline of
Cape York Peninsula, that is along the
low water line on that coast and across any river
mouth, to its intersection by the meridian of Longitude 142°09'00" East;

   (7)  thence north along that meridian to the point of
commencement.

_________________________

SCHEDULE 2

AREA DECLARED IN RESPECT OF COMMERCIAL FISHING FOR TROPICAL ROCK LOBSTER

The area of waters (excluding any waters within the limits of Queensland) bounded by a line -

   (1)  commencing at the point of Latitude 10°48'00" South, Longitude 141°20'00" East;

   (2)  running thence north along the meridian of Longitude 141°20'00" East to its intersection by the parallel of
Latitude 10°28'00" South;

   (3)  thence east along that parallel to its intersection by the
 meridian of Longitude 144°00'00" East;

   (4)  thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

   (5)  thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

   (6)  thence south along that meridian to its northernmost intersection by the coastline of  Cape York Peninsula at
low water;

   (7)  thence generally south-westerly along the western
coastline of
Cape York Peninsula, that is along the
low water line on that coast and across any river
mouth, to its intersection by the parallel of Latitude
10°48'00" South;

   (8)  thence west along that parallel to the point of
commencement.


SCHEDULE 3

area declared in respect of commercial fishing for Spanish mackerel

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

   (1)  commencing at the point of Latitude 10°48'00" South, Longitude 141°20'00" East;

   (2)  running thence north along the meridian of Longitude 141°20'00" East to its intersection by the parallel of
Latitude 10°28'00" South;

   (3)  thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

   (4)  thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

   (5)  thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

   (6)  thence south along that meridian to its northernmost intersection by the coastline of  Cape York Peninsula at
low water;

   (7)  thence generally south-westerly along the western
coastline of
Cape York Peninsula, that is along the low
water line on that coast and across any river mouth, to
its intersection by the parallel of Latitude 10°48'00"
South;

   (8)  thence west along that parallel to the point of
commencement.

_________________________

SCHEDULE 4

area declared in respect of commercial fishing for dugong

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

   (1)  commencing at the point of Latitude 11°10'00" South, Longitude 141°01'00" East;

   (2)  running thence north along the meridian of Longitude 141°01'00" East to its intersection by the Fisheries
Jurisdiction Line;

   (3)  thence north-easterly along that line to its intersection
by the meridian of Longitude 141°20'00" East;

   (4)  thence south along that meridian to its intersection by
the parallel of Latitude 10°28'00" South;

   (5)  thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

   (6)  thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

   (7)  thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

   (8)  hence south along that meridian to its northernmost
intersection by the coastline of
Cape York Peninsula at
low water;

   (9)  thence generally south-westerly along the western
coastline of
Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to
its intersection by the parallel of Latitude 11°10'00"
South;

   (10)thence west along that parallel to the point of
commencement.

_________________________

SCHEDULE 5

arEa declared in respect of commercial fishing for turtles

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

   (1)  commencing at the point of Latitude 11°10'00" South, Longitude 141°01'00" East;

   (2)  running thence north along the meridian 141°01'00"
East to its intersection by the Fisheries Jurisdiction
Line;

 

   (3)  thence north-easterly along that line to its intersection
by the meridian of Longitude 141°20'00" East;

   (4)  thence south along that meridian to its intersection by
the parallel of Latitude 10°28'00" South;

   (5)  thence east along that parallel to its intersection by the
meridian of Longitude 144°10'00" East;

   (6)  thence north-easterly along the geodesic to the point
of Latitude 10°15'00" South, Longitude 144°12'00"
East;

   (7)  thence north-easterly along the geodesic to the point
of Latitude 9°54'00" South, Longitude 144°28'00"
East;

   (8)  thence north along the meridian of Longitude
144°28'00" East to its intersection by the Fisheries
Jurisdiction Line;

   (9)  thence south-easterly along that line to its intersection
by the meridian of Longitude 144°40'00" East;

   (10)thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

   (11)thence west along that parallel to its intersection by
the meridian of Longitude 142°31'49" East;

   (12)hence south along that meridian to its northernmost
intersection by the coastline of
Cape York Peninsula at
low water;

   (13)thence generally south-westerly along the western
coastline of
Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to
its intersection by the parallel of Latitude 11°10'00"
South;

   (14)thence along that parallel to the point of
commencement.

_________________________

SCHEDULE 6

area declared in respect of commercial fishing for pearl shell

The area of waters (excluding any waters within the limits of Queensland) bounded by a line –

   (1)  commencing at the point of Latitude 11°10'00" South, Longitude 141°01'00" East;

   (2)  running thence north along the meridian of Longitude 141°01'00" East to its intersection by the Fisheries
Jurisdiction Line;

   (3)  thence north-easterly along that line to its intersection
by the meridian of Longitude 141°20'00" East;

   (4)  thence south along that meridian to its intersection by
the parallel of Latitude 10°28'00" South;

   (5)  thence east along that parallel to its intersection by the
meridian of Longitude 144°00'00" East;

   (6)  thence south along that meridian to its intersection by
the parallel of Latitude 10°41'17" South;

   (7)  thence west along that parallel to its intersection by
the meridian of Longitude142°31'49" East;

   (8)  thence south along that meridian to its northernmost
intersection by the coastline of
Cape York Peninsula at
low water;

   (9)  thence generally south-westerly along the western
coastline of
Cape York Peninsula, that is along the low
water line on that coast and across any river mouth, to
its intersection with the parallel of Latitude 11°10'00"
South;

   (10)thence west along that parallel to the point of
commencement.

(L.S.) GIVEN under my Hand and the Great Seal of
Australia on 7 February 1985.

By His Excellency's Command,

JOHN KERIN

Minister of State for Primary Industry

GOD SAVE THE QUEEN!