Torres Strait Fisheries Regulations 1985
Statutory Rules 1985 No. 9 as amended
made under the
Torres Strait Fisheries Act 1984
This compilation was prepared on 5 April 2002
taking into account amendments up to SR 2002 No. 60
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of regulations [see Note 1]
2 Interpretation
3 Prescribed manner of publication
4 Prescribed manner of broadcast
4A Terms of licences
5 Payment of licence fee
6 Licence and other fees
7 Distinguishing number
8 Requirements of orders to be complied with
9 Identity cards
10 Publication of log-books
11 Powers of Minister
12 Offences in relation to log-books
13 Secrecy
14 Short methods of reference
Schedule 1 Licence fees
Schedule 2 Short methods of reference to certain areas of Australian jurisdiction
Schedule 3 Requirements relating to letters and figures of distinguishing numbers displayed on boats
Notes
1 Name of regulations [see Note 1]
These regulations are the Torres Strait Fisheries Regulations 1985.
(1) In these regulations, unless the contrary intention appears:
1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.
5 year licence means a licence other than a 1 year licence.
licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9 (1) or subsection 38 (1) of the Act, as the case may be, that person.
Protected Zone Joint Authority has the same meaning as in Part V of the Act.
the Act means the Torres Strait Fisheries Act 1984.
(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).
3 Prescribed manner of publication
The manner of publication under subsection 14 (11), 16 (9) or 17 (3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.
4 Prescribed manner of broadcast
The manner of broadcast under subsection 14 (11), 16 (9) or 17 (3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.
For subsections 23 (1) and (2) of the Act, the period of 5 years is specified for:
(a) each licence granted under subsection 19 (1) of the Act; and
(b) each licence for an Australian boat, granted under subsection 19 (2) of the Act.
A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.
(1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item.
(2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.
(1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ .
(2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call-sign followed by the letter ‘T’ .
(3) If:
(a) a boat in respect of which a licence under section 19 of the Act is in force:
(i) is used for fishing in areas of Australian jurisdiction; and
(ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3;
(b) a boat in respect of which an endorsement under section 20 of the Act is in force:
(i) is used for fishing in areas of Australian jurisdiction; and
(ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or
(c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed;
the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding:
(d) in the case of a natural person — 20 penalty units; or
(e) in the case of a body corporate — 100 penalty units.
(4) An offence under subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
8 Requirements of orders to be complied with
(1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals.
(2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units.
(2A) An offence under subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with.
(4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.
(1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.
(2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.
Penalty: 1 penalty unit.
(3) An offence under subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(1) Where the Minister is satisfied that information:
(a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or
(b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;
is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log-books in which the information can be entered in accordance with these Regulations.
(2) Each form of log-book shall be appropriate to:
(a) the kind of fish;
(b) the kind of fishing activity; and
(c) the area of waters;
in respect of which information is to be entered in the log-book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log-book.
(3) The information referred to in subregulation (1) that may be required to be entered in a log-book in respect of fish taken by means of a boat may include:
(a) the following particulars of the person in charge of taking or processing fish by means of the boat:
(i) the person’s name;
(ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and
(iii) the duration of experience of the master in the method of fishing carried on by means of a boat;
(b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;
(c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;
(d) particulars of the fish taken by means of the boat;
(e) particulars of circumstances related to the taking of fish by means of the boat; and
(f) particulars of the sale or disposal of fish taken by means of the boat.
(1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log-book:
(a) the kind of fish;
(b) the kind of fishing activity; and
(c) the area of waters;
in respect of which the form of log-book is to be used in accordance with these Regulations, the form of log-book is for the purposes of these Regulations the appropriate form of log-book in relation to a boat:
(d) engaged in taking in that area of waters fish included in that class of fish; or
(e) engaged in an activity related to taking in that area of waters fish included in that class of fish.
(2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log-book:
(a) the beginning and the end of the period during which subregulation 12 (1) or (2) shall apply in respect of the form of log-book; and
(b) the places where copies of the form of log-book can be obtained during ordinary business hours.
(3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log-book by means of the letter, number or symbol, referred to in subregulation 10 (2), by which it is distinguished from other forms of log-book.
(4) In respect of a form of log-book, the beginning of a period referred to in paragraph (2) (a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log-book.
(5) In respect of a form of log-book, the duration of a period referred to in paragraph (2) (a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log-book.
(6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12 (1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log-book.
(7) The Minister shall determine in respect of each form of log-book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published.
(8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log-book is to be used in accordance with these Regulations.
(9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.
12 Offences in relation to log-books
(1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log-book in relation to the boat, being the period determined in accordance with subregulation 11 (2) by the Minister in respect of the log-book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log-book in accordance with the requirements set out in the log-book.
(2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log-book in relation to the boat, being the period determined in accordance with subregulation 11 (2) by the Minister in respect of the log-book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log-book in accordance with the requirements set out in the log-book.
(3) The master of a boat who caused information to be entered in a log-book shall cause the folios of the log-book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log-book.
(4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.
(5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code.
(6) An offence under subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(1) A person must not, either directly or indirectly:
(a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log-book; or
(b) produce to a person any part of a log-book in which information has been recorded under these Regulations.
Penalty: 5 penalty units.
(1A) An offence under subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.
Note A defendant bears an evidential burden in relation to the matters mentioned in this subregulation — see section 13.3 of the Criminal Code.
(2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.
(1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item.
(2) In Schedule 2, unless the contrary intention appears:
Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3 (1) of the Act.
Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.
(regulation 6)
Item | Matter | Fee ($) |
1 | Grant or renewal of a 1 year licence under subsection 19 (1) of the Act | 50 |
2 | Grant or renewal of a 5 year licence under subsection 19 (1) of the Act | 100 |
3 | Grant or renewal of a licence under subsection 19 (2) of the Act | 100 |
4 | An entry under subsection 36 (4) of the Act in a 1 year licence granted under subsection 19 (2) of the Act: |
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| (a) for an Australian boat that is less than 6 metres in overall length | 10 |
| (b) for an Australian boat that is at least 6 but less than 10 metres in overall length | 20 |
| (c) for an Australian boat that is at least 10 but less than 15 metres in overall length | 40 |
| (d) for an Australian boat that is at least 15 metres in overall length | 80 |
| (e) for a foreign boat, for each metre in overall length of the boat | 35 |
5 | An entry under subsection 36 (4) of the Act in a 5 year licence granted under subsection 19 (2) of the Act: |
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| (a) for an Australian boat that is less than 6 metres in overall length | 50 |
| (b) for an Australian boat that is at least 6 but less than 10 metres in overall length | 100 |
| (c) for an Australian boat that is at least 10 but less than 15 metres in overall length | 200 |
| (d) for an Australian boat that is at least 15 metres in overall length | 400 |
6 | Grant or renewal of a licence under subsection 19 (3) of the Act (other than the grant or renewal of a licence to which item 7 applies): |
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| (a) for an Australian boat authorising the use of the boat for carrying fish taken with the use of another boat | 80 |
| (b) for an Australian boat authorising the use of the boat for processing and carrying fish taken with the use of another boat | 100 |
| (c) for a foreign boat authorising the use of the boat for carrying fish taken with the use of another boat | 80 plus 35 for each metre in overall length of the boat |
| (d) for a foreign boat authorising the use of the boat for processing and carrying fish taken with the use of another boat | 100 plus 35 for each metre in overall length of the boat |
7 | Grant or renewal of a licence under subsection 19 (3) of the Act for an Australian boat authorising the use of the boat for carrying, or for processing and carrying, fish taken with the use of another boat: | 20 |
| (a) where that licence is granted or renewed at the same time as a licence mentioned in item 3 is granted or renewed for the first boat; or |
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| (b) where a licence mentioned in item 3 is in force for the first boat |
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8 | Transfer under section 25 of the Act of a licence granted under subsection 19 (2) or (3) of the Act | 10 |
Schedule 2 Short methods of reference to certain areas of Australian jurisdiction
(regulation 14)
Item | Area of Australian jurisdiction and short method of reference |
1 | The area of the beche-de-mer fishery is the area consisting of: (a) the area of waters in the Protected Zone to the south of the Seabed Jurisdiction Line; and (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 48 00 south, longitude 141 20 00 east and running progressively: |
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| (c) the territorial sea of Australia north of the Seabed Jurisdiction Line. |
2 | The area of the crab fishery is the area consisting of: (a) the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 48 00 south, longitude 141 20 00 east and running progressively: |
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| (c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
3 | The area of the dugong fishery is the area consisting of: (a) the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 11 10 00south, longitude 141 01 00 east and running progressively:
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| (c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
4 | The area of the finfish fishery is the area consisting of: (a) the area of waters in Protected Zone to the south of the Fisheries Jurisdiction Line; |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 48 00 south, longitude 141 20 00 east and running progressively: |
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| (c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
5 | The area of the pearl shell fishery is the area consisting of: (a) the area of waters in the Protected Zone to the south of the Seabed Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 11 10 00 south, longitude 141 01 00 east and running progressively:
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(c) the territorial sea of Australia north of the Seabed Jurisdiction Line. |
6 | The area of the prawn fishery is the area consisting of: (a) the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 28 00 south, longitude 142 09 00 east and running progressively: |
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(c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
7 | The area of the Spanish mackerel fishery is the area consisting of: (a) the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 48 00 south, longitude 141 20 00 east and running progressively: |
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(c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
8 | The area of the trochus fishery is the area consisting of: |
| (a) the area of waters in the Protected Zone to the south of the Seabed Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 48 00 south, longitude 141 20 00 east and running progressively: |
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| (c) the territorial sea of Australia north of the Seabed Jurisdiction Line. |
9 | The area of the tropical rock lobster fishery is the area consisting of: |
| (a) the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10 48 00 south, longitude 141 20 00 east and running progressively: |
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| (c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
10 | The area of the turtle fishery is the area consisting of: |
| (a) the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and |
| (b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 11 10 00 south, longitude 141 01 00 east and running progressively: |
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| (c) the territorial sea of Australia north of the Fisheries Jurisdiction Line. |
Schedule 3 Requirements relating to letters and figures of distinguishing numbers displayed on boats
(regulation 7)
Column 1 | Column 2 | Column 3 |
| Required height | Required width of strokes making |
| of each letter | up each letter |
Length of Boat | or figure | or figure |
| millimetres | millimetres |
Under 6 metres..........................100 Under 10 metres but not under 6 metres..........200 Under 25 metres but not under 10 metres.........300 Not under 25 metres.......................450 | 10-15 | |
20-25 | ||
35-40 | ||
60-65 |
Notes to the Torres Strait Fisheries Regulations 1985
Note 1
The Torres Strait Fisheries Regulations 1985 (in force under the Torres Strait Fisheries Act 1984) as shown in this compilation comprise Statutory Rules 1985 No. 9 amended as indicated in the Tables below.
Table of Statutory Rules
Year and | Date of notification | Date of | Application, saving or |
1985 No. 9 | 14 Feb 1985 | 15 Feb 1985 (see Gazette 1985, No. S38) |
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1985 No. 359 | 20 Dec 1985 | 20 Dec 1985 | — |
1987 No. 31 | 3 Mar 1987 | 3 Mar 1987 | — |
1988 No. 198 | 5 Aug 1988 | 5 Aug 1988 | — |
1999 No. 51 | 1 Apr 1999 | 1 Apr 1999 | — |
2000 No. 60 | 5 Apr 2002 | 5 Apr 2002 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | ||
Provision affected | How affected | |
R. 1................. | rs. 1999 No. 51 | |
R. 2................. | am. 1999 No. 51 | |
R. 4A................ | ad. 1999 No. 51 | |
R. 6................. | am. 1999 No. 51 | |
Rr. 7, 8............... | am. 1985 No. 359; 2002 No. 60 | |
R. 9................. | am. 2002 No. 60 | |
R. 12................ | am. 1985 No. 359; 2002 No. 60 | |
R. 13................ | am. 2002 No. 60 | |
R. 14................ | am. 1999 No. 51 | |
Schedule 1............ | am. 1988 No. 198 | |
| rs. 1999 No. 51 | |
Schedule 2............ | am. 1987 No. 31 | |
| rs. 1999 No. 51 | |
Schedule 3............ | ad. 1985 No. 359 | |