TORRES STRAIT FISHERIES ACT 1984 - SECT 16 Regulation of fishing
TORRES STRAIT FISHERIES ACT 1984 - SECT 16
Regulation of fishing(1) Subject to this section, the Minister may, by legislative instrument:
(a) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument; or
(b) prohibit the taking, processing or carrying of fish included in a class of fish specified in the instrument that:
(i) are less than a size or weight specified in the instrument; or
(ii) have a dimension less than a dimension specified in the instrument; or
(iii) have a part with a dimension or weight less than a dimension or weight specified in the instrument in relation to that part; or
(iv) are greater than a size or weight specified in the instrument; or
(v) have a dimension greater than a dimension specified in the instrument; or
(vi) have a part with a dimension or weight greater than a dimension or weight specified in the instrument in relation to that part; or
(c) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, by a method, or with the use of equipment or a boat, of a kind specified in the instrument; or
(d) prohibit the taking, processing, carrying or storage, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of equipment, a boat or land facilities owned by, or under the control of, persons other than persons who are included in a class of persons specified in the instrument; or
(e) prohibit the taking, processing or carrying, in the course of commercial fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of an Australian boat, a Papua New Guinea boat or foreign boat; or
(f) prohibit a person from using or having in his or her possession or under his or her control, on a boat, a quantity of equipment, in the course of commercial fishing, of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or
(g) prohibit a person from using, or having in his or her possession or under his or her control on a boat, in the course of commercial fishing, equipment of a kind specified in an instrument in force under paragraph ( f) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or
(ga) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, in the course of commercial fishing without the use of a boat; or
(gb) prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, a quantity of equipment of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or
(gc) prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, equipment of a kind specified in an instrument in force under paragraph ( gb) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or
(h) prohibit the taking of eggs of reptiles included in a class of reptiles specified in the instrument; or
(j) prohibit the carrying away, from an area specified in the instrument, of sedentary organisms included in a class of sedentary organisms specified in the instrument unless those organisms are dead; or
(k) prohibit the master of a boat that is included in a class of boats specified in the instrument from having on board the boat a number of persons greater than a number specified in, or ascertainable as provided by, the instrument for the purpose of engaging in specified activities by way of commercial fishing; or
(m) prohibit the taking of fish, or fish included in a class of fish specified in the instrument, otherwise than in the course of community fishing or traditional fishing; or
(n) where there is an instrument in force under paragraph ( m) in relation to fish of a certain kind, prohibit the processing of fish of that kind in an area of Australian jurisdiction or in an area declared under subsection 3(3) to be part of the adjacent coastal area of Australia otherwise than in the course of community fishing or traditional fishing; or
(o) prohibit a person from having in his or her possession or under his or her control on a boat, equipment of a kind specified in the instrument for taking, processing or carrying fish unless that equipment is stowed and secured, or carried, in a manner specified in the instrument; or
(p) prohibit a person from using or having in the possession or under the control of the person, on a boat, equipment of a kind specified in the instrument for taking fish unless that equipment is marked or otherwise identified in a manner specified in the instrument.
(1A) An instrument under subsection ( 1) may do all or any of the following:
(a) contain prohibitions under 2 or more paragraphs of that subsection;
(b) specify the day on which the prohibition or a particular prohibition contained in the instrument is to come into force (whether the same as, or different from, a day specified under this paragraph in relation to any other prohibition that may be contained in the instrument);
(c) specify the period during which the prohibition or a particular prohibition contained in the instrument is to have effect (whether the same as, or different from, a period specified under this paragraph in relation to any other prohibition that may be contained in the instrument);
(d) provide for exemptions from the prohibition or prohibitions contained in the instrument.
(2) A prohibition contained in an instrument under subsection ( 1) (other than paragraph ( 1)(d) or (n)) has effect:
(a) if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect--in that area; and
(b) in any other case--in any area of Australian jurisdiction.
(3) A prohibition contained in an instrument under paragraph ( 1)(d) or (n) has effect:
(a) if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect--in that area; and
(b) if any area of land in Australia is specified in the instrument as being an area in respect of which the prohibition is to have effect--in that area.
(4) A prohibition contained in an instrument under subsection ( 1) comes into force on the day on which the instrument is published under subsection ( 9) or on such later day as is specified in the instrument.
(5) A prohibition contained in an instrument under subsection ( 1) has effect:
(a) if a period is specified in the instrument as being the period during which the prohibition is to have effect--during that period; or
(b) in any other case--at all times.
(7) An instrument under subsection ( 1) may provide that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1) or (1A).
(a) an instrument (the subsequent instrument ) under subsection ( 1) revokes a previous instrument under that subsection; and
(b) the subsequent instrument provides that the activities to which a prohibition contained in the subsequent instrument relates are activities in respect of which an entry may be made under subsection 21(1);
the subsequent instrument may also provide that entries made under subsection 21(1) that would, but for the revocation of the previous instrument, have had effect in relation to a specified prohibition contained in the previous instrument during any period or periods after the revocation are to have effect during that period or those periods in relation to the prohibition contained in the subsequent instrument.
(a) an instrument under subsection ( 1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1); and
(b) an entry is made pursuant to subsection 21(1) in a licence granted under subsection 19(2) or (3) or in a Treaty endorsement in force in respect of a boat;
the prohibition does not apply in relation to the use of the boat during any period during which the entry has effect.
(a) an instrument under subsection ( 1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1A); and
(b) an entry is made pursuant to subsection 21(1A) in a licence granted under subsection 19(4A) authorising activities in the course of commercial fishing without the use of a boat;
the prohibition does not apply in relation to authorised activities engaged in under the licence during any period in which the entry has effect.
(8A) Where an instrument makes provision as mentioned in subsection ( 7A), the entries referred to in the instrument have effect in accordance with the instrument.
(9) The Minister shall cause the contents of an instrument under subsection ( 1) to be published or broadcast in such manner as is prescribed.