Statutory Rules 1985  No. 91

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Torres Strait Fisheries Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Torres Strait Fisheries Act 1984.

Dated 9 February 1985.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

(Sgd) John Kerin

Minister of State for Primary Industry

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Citation

1.  These Regulations may be cited as the Torres Strait Fisheries Regulations.

Interpretation

2.  In these Regulations, unless the contrary intention appears—

"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 sub-section 9 (1) or sub-section 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.

Prescribed manner of publication

3.  The manner of publication under sub-section 14 (11), 16 (9) or 17 (3) of the Act of the contents of a notice is by publication in such newspaper as in

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S.R. 403/84 Cat. No.  Recommended retail price 80c   10/23.1.1985

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.

Prescribed manner of broadcast

4.  The manner of broadcast under sub-section 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.

Payment of licence fee

5.  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.

Licence and other fees

6. (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 the purposes of Schedule 1, the overall length of a boat shall be taken to be the length of an imaginary straight line following the centre of the main deck of the boat from the fore side of the stem to the aft side of the stern of the boat.

Distinguishing number

7. (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 sub-regulation (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 dark letters and figures on a light ground, or in light letters and figures on a dark ground, each letter and figure being not less than 50 centimetres in depth and formed in strokes that are not less than 6 centimetres or more than 7 centimetres in width;

(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 sub-regulation (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 $500.

Requirements of orders to be complied with

8. (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 sub-regulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding $500.

(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.

Identity cards

9. (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: $100.

Publication of log-books

10. (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 sub-regulation (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.

Powers of Minister

11. (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 sub-regulation 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 sub-regulation (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 sub-regulation 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 sub-regulation (2) is published in the Gazette, or in a newspaper referred to in that sub-regulation, 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 sub-regulation (2) is published in the Gazette, or in a newspaper referred to in that sub-regulation, 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 sub-regulation 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 sub-regulation (1), (2) or (6) shall be published.

(8) In making a determination under sub-regulation (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 sub-regulation (1), (2) or (6) being combined and published as one notice.

Offences in relation to log-books

12. (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 sub-regulation 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 sub-regulation 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) The master of a boat who, without reasonable excuse, fails to comply with the provisions of sub-regulation (1), (2) or (3) is guilty of an offence punishable on conviction by a fine not exceeding $500.

Secrecy

13. (1) A person shall 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,

except in the performance of a duty under, or in relation to, the Act or these Regulations, or in pursuance of an order of a court.

Penalty: $500.

(2) In this regulation, "court" includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.

Short methods of reference

14. (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 in Column 2 of that Schedule, is the short method of reference to the area of Australian jurisdiction referred to in that item in Column 3 of that Schedule.

(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 sub-section 3(1) of the Act;

"Seabed Jurisdiction Line" means the line described in Annex 5 to the Torres Strait Treaty.

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SCHEDULE 1    Regulation 6

                                                                      SCHEDULE 2                                          Regulations 14

SHORT METHODS OF REFERENCE TO CERTAIN AREAS OF AUSTRALIAN JURISDICTION

SCHEDULE 2—continued

SCHEDULE 2—continued

SCHEDULE 2—continued

NOTE

1.  Notified in the Commonwealth of Australia Gazette on 14 February 1985.

Printed by Authority by the Commonwealth Government Printer