Torres Strait Fisheries Amendment Regulations 1999 (No. 1)

Statutory Rules 1999    No. 51

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Torres Strait Fisheries Act 1984.

Dated 31 March 1999.

WILLIAM DEANE
Governor-General

By His Excellency’s Command,

MARK VAILE

Minister for Agriculture, Fisheries and Forestry

 

Torres Strait Fisheries Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999    No. 512

made under the

Torres Strait Fisheries Act 1984

 

 

 

Contents

 Page

 1 Name of regulations 2

 2 Commencement 2

 3 Amendment of Torres Strait Fisheries Regulations 2

Schedule 1 Amendments 3

 

:

:

1 Name of regulations

  These regulations are the Torres Strait Fisheries Amendment Regulations 1999 (No. 1).

2 Commencement

  These regulations commence on gazettal.

3 Amendment of Torres Strait Fisheries Regulations

  Schedule 1 amends the Torres Strait Fisheries Regulations.

 

Schedule 1 Amendments

  (regulation 3)

:

[1] Regulation 1

 substitute

1 Name of regulations

  These regulations are the Torres Strait Fisheries Regulations 1985.

[2] Regulation 2

 omit

  In these Regulations

 insert

 (1) In these regulations

[3] Regulation 2

 insert

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.

[4] Regulation 2

 insert

 (2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

[5] After regulation 4

 insert

4A Terms of licences

  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.

[6] Subregulation 6 (2)

 substitute

 (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.

[7] Subregulation 14 (1)

 omit

  in Column 2 of that Schedule,

[8] Subregulation 14 (1)

 omit

  in Column 3 of that Schedule

[9] Schedule 1

 substitute

Schedule 1 Licence fees

 (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:

 

 

 (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:

 

 

 (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):

 

 

 (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

 

 

 (b) where a licence mentioned in item 3 is in force for the first boat

 

8

Transfer under section 25 of the Act of a licence granted under subsection 19 (2) or (3) of the Act

10

[10] Schedule 2

 substitute

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:

 

  • north along the meridian of longitude
    141 20' 00" east to its intersection with the parallel of latitude 10 28' 00" south;

 

  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 41' 00" south;

 

  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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 10 48' 00" south;

 

  • west along that parallel to the point where the line began; and

 

 (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:

 

  • north along the meridian of longitude
    141 20' 00" east to its intersection with the parallel of latitude 10 28' 00" south;

 

  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 41' 00" south;

 

  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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 10 48' 00" south;

 

  • west along that parallel to the point where the line began; and

 

 (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' 00" south, longitude 141 01' 00" east and running progressively:

  • north along the meridian of longitude
    141 01' 00" east to its intersection with the Fisheries Jurisdiction Line;
  • north-easterly along that line to its intersection with the meridian of longitude 141 20' 00" east;
  • south along that meridian to its intersection with the parallel of latitude 10 28' 00" south;
  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;
  • south along that meridian to its intersection with the parallel of latitude 10 41' 17" south;
  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;
  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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;

 

  • west along that parallel to the point where the line began; and

 

 (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:

 

  • north along the meridian of longitude 141 20' 00" east to its intersection with the parallel of latitude 10 28' 00" south;

 

  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 41' 00" south;
  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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 10 48' 00" south;

 

  • west along that parallel to the point where the line began; and

 

 (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:

  • north along the meridian of longitude
    141 01' 00" east to its intersection with the Fisheries Jurisdiction Line;

 

  • north-easterly along that line to its intersection with the meridian of longitude 141 20' 00" east;
  • south along that meridian to its intersection with the parallel of latitude 10 28' 00" south;
  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;
  • south along that meridian to its intersection with the parallel of latitude 10 41' 17" south;
  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;
  • 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;
  • west along that parallel to the point where the line began; and

 (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:

 

  • east along the parallel of latitude 10 28' 00" south to its intersection with the meridian of longitude 144 00' 00" east;
  • south along that meridian to its intersection with the parallel of latitude 10 41' 17" south;
  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;
  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;
  • 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 meridian of longitude 142 09' 00" east;

 

  • north along that meridian to the point where the line began; and

 (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:

 

  • north along the meridian of longitude
    141 20' 00" east to its intersection with the parallel of latitude 10 28' 00" south;
  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;
  • south along that meridian to its intersection with the parallel of latitude 10 41' 17" south;
  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;
  • 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 10 48' 00" south;
  • west along that parallel to the point where the line began; and

 (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:

 

  • north along the meridian of longitude
    141 20' 00" east to its intersection with the parallel of latitude 10 28' 00" south;

 

  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 41' 00" south;

 

  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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 10 48' 00" south;

 

  • west along that parallel to the point where the line began; and

 

 (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:

 

  • north along the meridian of longitude
    141 20' 00" east to its intersection with the parallel of latitude 10 28' 00" south;

 

  • east along that parallel to its intersection with the meridian of longitude 144 00' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 41' 17" south;

 

  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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 10 48' 00" south;

 

  • west along that parallel of the point where the line began; and

 

 (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:

 

  • north along the meridian 141 01' 00" east to its intersection with the Fisheries Jurisdiction Line;

 

  • north-easterly along that line to its intersection with the meridian of longitude 141 20' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 28' 00" south;

 

  • east along that parallel to its intersection with the meridian of longitude 144 10' 00" east;

 

  • north-easterly along the geodesic to the point of latitude 10 15' 00" south, longitude
    144 12' 00" east;

 

  • north-easterly along the geodesic to the point of latitude 9 54' 00" south, longitude
    144 28' 00" east;

 

  • north along the meridian of longitude
    144 28' 00" east to its intersection with the Fisheries Jurisdiction Line;

 

  • south-easterly along that line to its intersection with the meridian of longitude 144 40' 00" east;

 

  • south along that meridian to its intersection with the parallel of latitude 10 41' 17" south;

 

  • west along that parallel to its intersection with the meridian of longitude 142 31' 49" east;

 

  • south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

 

  • 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;

 

  • west along that parallel to the point where the line began; and

 

 (c) the territorial sea of Australia north of the Fisheries Jurisdiction Line.

Notes

1. These regulations amend Statutory Rules 1985 No. 9, as amended by 1985 No. 359; 1987 No. 31; 1988 No. 198.

2. Made by the Governor-General on 31 March 1999, and notified in the Commonwealth of Australia Gazette on 1 April 1999.