{"id":"F2008B00622","name":"Community Fishing Notice No. 1 - Community fishing in the Torres Strait - prohibition on taking fish without a licence","slug":"community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71955,"registerId":"commonwealth-F2008B00622-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Fishing Notice No. 1 - Community fishing in the Torres Strait - prohibition on taking fish without a licence","content":"Torres Strait Fisheries Act 1984\n\nCommunity Fishing Notice No. 1\n\nCommunity FISHING IN THE\n\nTORRES STRAIT\n\nprohibition on taking fish without a licence\n\nI, the Hon Mark Vaile, Commonwealth Minister for Agriculture, Fisheries and Forestry and  \nChairman of the Protected Zone Joint Authority, acting on behalf of the Authority in accordance  \nwith the powers conferred on the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries  \nAct 1984, make the following Notice under section 17 of the Act.\n\nDated this 25th day of March 1999\n\n\\[signed\\]\n\nMARK VAILE\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCITATION\n\n1. This Notice may be cited as Torres Strait Community Fishing Notice No. 1.\n\nCOMMENCEMENT\n\n2. This Notice commences one month after the day on which, or the latter of the days on which, this determination is published in the Gazette and in the Torres News newspaper.\n\nthis notice to apply with other notices\n\n3. This Notice applies in conjunction with any Fisheries Management Notices made under section 16 of the Act in force in the area of Australian jurisdiction.\n\nINTERPRETATION\n\n4. (a) In this Notice, unless the contrary intention appears, \"the Act\" means the Torres Strait Fisheries Act 1984; and\n\n(b) terms used but not defined in this Notice have the same meaning as in the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations.\n\n  \n\nprohibitions (GENERAL)\n\n5. pursuant to paragraph 16(1)(a) of the Act the taking, processing or carrying of fish by persons engaged in community fishing in the area of Australian jurisdiction is prohibited.\n\nEXEMPTIONS FROM PROHIBITIONS\n\n6. Pursuant to paragraph 16(1A)(d) of the Act a person holding a licence granted under subsections 19(2) or 19(3) of the Act that entitles that person to take, process or carry fish in the course of community fishing is exempt from the prohibitions in paragraph 5.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice appears to serve its original intended purpose: establishing a licensing requirement for community fishing in the Torres Strait. There is no evidence of scope creep or expansion beyond the original regulatory intent."},"complexity_factors":["Very short document (only 6 operative clauses plus citation/commencement)","Only 1 defined term ('the Act') in the interpretation section","Simple structure: general prohibition followed by single exemption","No nested conditions or cross-references beyond basic references to the parent Act","Straightforward conditional logic: prohibition applies unless licence held"],"plain_english_summary":"This notice establishes a licensing requirement for community fishing in the Australian waters of the Torres Strait: taking, processing or carrying fish for community purposes is prohibited unless you hold a valid licence. Holders of licences under the Torres Strait Fisheries Act are exempt.\n\nIt affects traditional Torres Strait inhabitants and anyone engaging in non‑commercial community fishing, aiming to regulate use, protect stocks, and allow lawful continuation of traditional practices."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Notice implements a licence-based prohibition on taking, processing or carrying fish in community fishing within Australian jurisdiction; it does not itself amend or expand the Act's scope and provides no indication that it changes the original regulatory reach of the Torres Strait Fisheries Act 1984."},"complexity_factors":["Cross-references to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations (preamble; s4) require consulting primary legislation to understand key terms and penalties.","The substantive prohibition is brief (s5) but the exemption depends on licences granted under subsections 19(2) or 19(3) and paragraph 16(1A)(d) of the Act (s6), so eligibility and application processes are governed outside this Notice.","Interaction with other Fisheries Management Notices (s3) creates potential overlapping or complementary rules that must be reconciled for compliance and enforcement.","Commencement is conditional on publication in the Gazette and the Torres News (s2), creating a commencement date tied to administrative steps rather than a fixed calendar date.","The Notice is made by the Protected Zone Joint Authority under delegated powers referenced in the preamble (paragraph 35(1)(a); s17), indicating administrative discretion in issuing such Notices.","The Notice states prohibitions but does not set out enforcement mechanisms, penalties or detailed procedural rules—those are in the Act/Regulations, increasing the need to cross-check instruments for practical compliance."],"plain_english_summary":"This Notice makes it unlawful for people engaged in community fishing in the Torres Strait to take, process or carry fish in Australian waters unless they hold a licence issued under the Torres Strait Fisheries Act 1984 (subsections 19(2) or 19(3)).\n\nIt affects community fishers (who must obtain the specified licence), the licensing authority (which grants exemptions), and enforcement agencies; compliance costs fall on fishers and the Notice operates alongside other Fisheries Management Notices (section 3)."}},"importantCases":[],"_links":{"self":"/api/acts/community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with","history":"/api/acts/community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with/history","analysis":"/api/acts/community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with/analysis","conflicts":"/api/acts/community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with/conflicts","importantCases":"/api/acts/community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with/important-cases","documents":"/api/acts/community-fishing-notice-no-1-community-fishing-in-the-torres-strait-prohibition-on-taking-fish-with/documents"}}