{"id":"F2008B00753","name":"Torres Strait Fisheries Act 1984 - Proclamation (07/02/1985)","slug":"torres-strait-fisheries-act-1984-proclamation-07-02-1985","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72062,"registerId":"commonwealth-F2008B00753-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Torres Strait Fisheries Act 1984 - Proclamation (07/02/1985)","content":"PrOCLAMATION\n\n| commonwealth ofAustraliaN. M. STEPHENGovernor-General | By His Excellency theGovernor-General ofthe Commonwealth ofAustralia |\n| ----------------------------------------------------- | -------------------------------------------------------------------- |\n\nWhereas it is provided by sub\\-section 15 (1) of the Torres  \nStrait Fisheries Act 1984 that the Governor-General may, by Proclamation, declare an area of waters specified in the Proc-  \nlamation that is adjacent to the Protected Zone and to the  \nsouth of the line described in Annex 5 to the Torres Strait  \nTreaty to be an area outside but near the Protected Zone for  \nthe purposes of the performance, in the course of commercial  \nfishing, of any activity that is included in a class of activities by  \nway of commercial fishing specified in the Proclamation:\n\nand whereas it is provided by sub-section 15 (3) of  \nthat Act that the Governor-General shall not make a Procla-  \nmation under sub-section 15 (1) in relation to an area that is  \nwholly or partly within the coastal waters of Queensland un-  \nless the Governor-General is satisfied that the Minister and  \nthe Queensland Minister have agreed that the Proclamation  \nbe made in relation to that area:\n\nAND WHEREAS i am satisfied that the Minister and the Queensland Minister have agreed that this Proclamation be  \nmade under sub-section 15 (1) in relation to the areas of  \nwaters specified below:\n\nNOW THEREFORE I, SIR NINIAN MARTIN  \nSTEPHEN, the Governor-General of the Commonwealth of  \nAustralia, acting with the advice of the Federal Executive  \nCouncil, in pursuance of sub-section 15 (1) of the Torres  \nStrait Fisheries Act 1984, hereby –\n\n(a) declare the area of waters specified in Schedule 1 to be  \nan area outside but near the Protected Zone for the  \npurposes of the performance, in the course of commer-  \ncial fishing, of any activity that is included in the class  \nof activities that constitute commercial fishing for  \nprawns;\n\n(b) declare the area of waters specified in Schedule 2 to be  \nan area outside but near the Protected Zone for the  \npurposes of the performance, in the course of commer-  \ncial fishing, of any activity that is included in the class  \nof activities that constitute commercial fishing for  \ntropical rock lobster;\n\n(c) declare the area of waters specified in Schedule 3 to be  \nan area outside but near the Protected Zone for the  \npurposes of the performance, in the course of commer-  \ncial fishing, of any activity that is included in the class  \nof activities that constitute commercial fishing for  \nSpanish mackerel;\n\n(d) declare the area of waters specified in Schedule 4 to be  \nan area outside but near the Protected Zone for the  \npurposes of the performance, in the course of commer-  \ncial fishing, of any activity that is included in the class  \nof activities that constitute commercial fishing for  \ndugong;\n\n(e) declare the area of waters specified in Schedule 5 to be  \nan area outside but near the Protected Zone for the  \npurposes of the performance, in the course of commer-  \ncial fishing, of any activity that is included in the class  \nof activities that constitute commercial fishing for  \nturtles;\n\n(f) declare the area of waters specified in Schedule 6 to be  \nan area outside but near the Protected Zone for the  \npurposes of the performance, in the course of commer-  \n\ncial fishing, of any activity that is included in the class  \nof activities that constitute commercial fishing for  \npearl shell; and\n\n(g) declare that in a Schedule to this Proclamation  \n\"Fisheries Jurisdiction Line\" means the line referred to  \nin paragraph (a) of the definition of \"area of Aus-  \ntralian jurisdiction\" in sub-section 3 (1) of the Torres  \nStrait Fisheries Act 1984.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE 1\n\nAREA DECLARED IN RESPECT OF COMMERCIAL FISHING FOR PRAWNS\n\nThe area of waters (excluding any waters within the limits of Queensland) bounded by a line –\n\n(1) commencing at the point of Latitude 10°28'00\" South, Longitude 142°09'00\" East;\n\n(2) running thence east along the parallel of Latitude  \n10°28'00\" South to its intersection by the meridian of  \nLongitude 144°00'00\" East;\n\n(3) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°41'17\" South;\n\n(4) thence west along that parallel to its intersection by  \nthe meridian of Longitude 142°31'49\" East;\n\n(5) thence south along that meridian to its northernmost intersection by the coastline of Cape York Peninsula at  \nlow water;\n\n(6) thence generally south-westerly along the western  \ncoastline of Cape York Peninsula, that is along the  \nlow water line on that coast and across any river  \nmouth, to its intersection by the meridian of Longitude 142°09'00\" East;\n\n(7) thence north along that meridian to the point of  \ncommencement.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE 2\n\nAREA DECLARED IN RESPECT OF COMMERCIAL FISHING FOR TROPICAL ROCK LOBSTER\n\nThe area of waters (excluding any waters within the limits of Queensland) bounded by a line -\n\n(1) commencing at the point of Latitude 10°48'00\" South, Longitude 141°20'00\" East;\n\n(2) running thence north along the meridian of Longitude 141°20'00\" East to its intersection by the parallel of  \nLatitude 10°28'00\" South;\n\n(3) thence east along that parallel to its intersection by the  \nmeridian of Longitude 144°00'00\" East;\n\n(4) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°41'17\" South;\n\n(5) thence west along that parallel to its intersection by  \nthe meridian of Longitude 142°31'49\" East;\n\n(6) thence south along that meridian to its northernmost intersection by the coastline of Cape York Peninsula at  \nlow water;\n\n(7) thence generally south-westerly along the western  \ncoastline of Cape York Peninsula, that is along the  \nlow water line on that coast and across any river  \nmouth, to its intersection by the parallel of Latitude  \n10°48'00\" South;\n\n(8) thence west along that parallel to the point of  \ncommencement.  \n\n  \n\nSCHEDULE 3\n\narea declared in respect of commercial fishing for Spanish mackerel\n\nThe area of waters (excluding any waters within the limits of Queensland) bounded by a line –\n\n(1) commencing at the point of Latitude 10°48'00\" South, Longitude 141°20'00\" East;\n\n(2) running thence north along the meridian of Longitude 141°20'00\" East to its intersection by the parallel of  \nLatitude 10°28'00\" South;\n\n(3) thence east along that parallel to its intersection by the  \nmeridian of Longitude 144°00'00\" East;\n\n(4) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°41'17\" South;\n\n(5) thence west along that parallel to its intersection by  \nthe meridian of Longitude 142°31'49\" East;\n\n(6) thence south along that meridian to its northernmost intersection by the coastline of Cape York Peninsula at  \nlow water;\n\n(7) thence generally south-westerly along the western  \ncoastline of Cape York Peninsula, that is along the low  \nwater line on that coast and across any river mouth, to  \nits intersection by the parallel of Latitude 10°48'00\"  \nSouth;\n\n(8) thence west along that parallel to the point of  \ncommencement.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE 4\n\narea declared in respect of commercial fishing for dugong\n\nThe area of waters (excluding any waters within the limits of Queensland) bounded by a line –\n\n(1) commencing at the point of Latitude 11°10'00\" South, Longitude 141°01'00\" East;\n\n(2) running thence north along the meridian of Longitude 141°01'00\" East to its intersection by the Fisheries  \nJurisdiction Line;\n\n(3) thence north-easterly along that line to its intersection  \nby the meridian of Longitude 141°20'00\" East;\n\n(4) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°28'00\" South;\n\n(5) thence east along that parallel to its intersection by the  \nmeridian of Longitude 144°00'00\" East;\n\n(6) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°41'17\" South;\n\n(7) thence west along that parallel to its intersection by  \nthe meridian of Longitude 142°31'49\" East;\n\n(8) hence south along that meridian to its northernmost  \nintersection by the coastline of Cape York Peninsula at  \nlow water;\n\n(9) thence generally south-westerly along the western  \ncoastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to  \nits intersection by the parallel of Latitude 11°10'00\"  \nSouth;\n\n(10)thence west along that parallel to the point of  \ncommencement.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE 5\n\narEa declared in respect of commercial fishing for turtles\n\nThe area of waters (excluding any waters within the limits of Queensland) bounded by a line –\n\n(1) commencing at the point of Latitude 11°10'00\" South, Longitude 141°01'00\" East;\n\n(2) running thence north along the meridian 141°01'00\"  \nEast to its intersection by the Fisheries Jurisdiction  \nLine;\n\n(3) thence north-easterly along that line to its intersection  \nby the meridian of Longitude 141°20'00\" East;\n\n(4) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°28'00\" South;\n\n(5) thence east along that parallel to its intersection by the  \nmeridian of Longitude 144°10'00\" East;\n\n(6) thence north-easterly along the geodesic to the point  \nof Latitude 10°15'00\" South, Longitude 144°12'00\"  \nEast;\n\n(7) thence north-easterly along the geodesic to the point  \nof Latitude 9°54'00\" South, Longitude 144°28'00\"  \nEast;\n\n(8) thence north along the meridian of Longitude  \n144°28'00\" East to its intersection by the Fisheries  \nJurisdiction Line;\n\n(9) thence south-easterly along that line to its intersection  \nby the meridian of Longitude 144°40'00\" East;\n\n(10)thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°41'17\" South;\n\n(11)thence west along that parallel to its intersection by  \nthe meridian of Longitude 142°31'49\" East;\n\n(12)hence south along that meridian to its northernmost  \nintersection by the coastline of Cape York Peninsula at  \nlow water;\n\n(13)thence generally south-westerly along the western  \ncoastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to  \nits intersection by the parallel of Latitude 11°10'00\"  \nSouth;\n\n(14)thence along that parallel to the point of  \ncommencement.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE 6\n\narea declared in respect of commercial fishing for pearl shell\n\nThe area of waters (excluding any waters within the limits of Queensland) bounded by a line –\n\n(1) commencing at the point of Latitude 11°10'00\" South, Longitude 141°01'00\" East;\n\n(2) running thence north along the meridian of Longitude 141°01'00\" East to its intersection by the Fisheries  \nJurisdiction Line;\n\n(3) thence north-easterly along that line to its intersection  \nby the meridian of Longitude 141°20'00\" East;\n\n(4) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°28'00\" South;\n\n(5) thence east along that parallel to its intersection by the  \nmeridian of Longitude 144°00'00\" East;\n\n(6) thence south along that meridian to its intersection by  \nthe parallel of Latitude 10°41'17\" South;\n\n(7) thence west along that parallel to its intersection by  \nthe meridian of Longitude142°31'49\" East;\n\n(8) thence south along that meridian to its northernmost  \nintersection by the coastline of Cape York Peninsula at  \nlow water;\n\n(9) thence generally south-westerly along the western  \ncoastline of Cape York Peninsula, that is along the low  \nwater line on that coast and across any river mouth, to  \nits intersection with the parallel of Latitude 11°10'00\"  \nSouth;\n\n(10)thence west along that parallel to the point of  \ncommencement.\n\n(L.S.) GIVEN under my Hand and the Great Seal of  \nAustralia on 7 February 1985.\n\nBy His Excellency's Command,\n\nJOHN KERIN\n\nMinister of State for Primary Industry\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Proclamation does not expand or reduce the statutory power; it exercises the power granted by subsection 15(1) of the Torres Strait Fisheries Act 1984 to declare specified marine areas as outside but near the Protected Zone for particular classes of commercial fishing (preamble; paragraphs (a)–(f)). It observes the subsection 15(3) requirement for Ministerial agreement where Queensland coastal waters are implicated (preamble). The instrument therefore implements the Act’s delegated power by specifying locations and linking to the Act’s definitions (paragraph (g)), rather than changing the statutory scope."},"complexity_factors":["Multiple species-specific Schedules (1–6) with different boundary shapes and extents","Extensive use of precise geographic coordinates, meridians/parallels and geodesics requiring accurate charting","Frequent reference to the low-water coastline of Cape York Peninsula, which introduces tidal/shoreline mapping complexity","Cross-reference to an external legal definition (the Fisheries Jurisdiction Line in subsection 3(1) of the Act) that must be located and applied","Repeated exclusion of waters within the limits of Queensland, bringing in an inter-jurisdictional consent requirement (subsection 15(3)) and potential administrative coordination","Phrasing that limits the legal effect to the purposes of commercial fishing activities ‘included in the class’ for each species, which can create interpretive questions about what specific activities are covered"],"plain_english_summary":"This Proclamation uses subsection 15(1) of the Torres Strait Fisheries Act 1984 (with the required ministerial agreement under s15(3)) to declare species‑specific sea areas “outside but near” the Torres Strait Protected Zone for commercial fishing of prawns, tropical rock lobster, Spanish mackerel, dugong, turtles and pearl shell.  \n\nIt matters to commercial fishers and regulators because it redefines where the Act’s rules apply, based on precise coordinates and excluded Queensland waters, creating mapping, compliance and enforcement duties."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Proclamation operates exactly as intended by the parent Act. It declares specific fishing areas outside but near the Protected Zone, which is precisely the power granted by section 15 of the Torres Strait Fisheries Act 1984. There is no scope creep; it is a straightforward exercise of the delegated legislative power."},"complexity_factors":["Multiple schedules (6) with near-identical but slightly varying coordinate descriptions","Precise geospatial definitions using latitude/longitude coordinates and geodesic lines","Cross-reference to the Torres Strait Fisheries Act 1984 (subsections 15(1) and 15(3)) and the Torres Strait Treaty (Annex 5)","Definition of 'Fisheries Jurisdiction Line' incorporated by reference to the parent Act","Conditional requirement for ministerial agreement between Commonwealth and Queensland before making the Proclamation","Exclusion clause repeated in each schedule ('excluding any waters within the limits of Queensland')","Technical maritime boundary descriptions (low water lines, meridians, parallels, geodesics)"],"plain_english_summary":"This document is a **Proclamation** made under the Torres Strait Fisheries Act 1984. It declares specific areas of water near the Torres Strait (but outside the main 'Protected Zone') where certain types of commercial fishing are allowed.\n\n**What it does:**\n- Sets out six separate zones in the waters off Cape York Peninsula, Queensland, where commercial fishing can occur for specific species.\n- Each zone is defined by precise map coordinates (latitude and longitude).\n\n**Who it affects:**\n- Commercial fishers wanting to catch prawns, tropical rock lobster, Spanish mackerel, dugong, turtles, or pearl shell in these specific waters.\n- The Queensland and Australian governments, who must agree before these areas can be declared.\n\n**Why it matters:**\n- The Torres Strait Treaty between Australia and Papua New Guinea created a 'Protected Zone' with special rules. This Proclamation extends some commercial fishing permissions to areas just outside that zone, but only with Queensland's consent.\n- It carefully excludes Queensland coastal waters, meaning these rules apply to Commonwealth (federal) waters only.\n\n**Key features:**\n- **Schedule 1:** Prawn fishing area\n- **Schedule 2:** Tropical rock lobster area\n- **Schedule 3:** Spanish mackerel area\n- **Schedule 4:** Dugong fishing area\n- **Schedule 5:** Turtle fishing area (largest zone, extending further northeast)\n- **Schedule 6:** Pearl shell area\n\nThe Proclamation requires the Australian Minister and Queensland Minister to agree before making these declarations, ensuring state and federal coordination on fisheries management."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-act-1984-proclamation-07-02-1985","history":"/api/acts/torres-strait-fisheries-act-1984-proclamation-07-02-1985/history","analysis":"/api/acts/torres-strait-fisheries-act-1984-proclamation-07-02-1985/analysis","conflicts":"/api/acts/torres-strait-fisheries-act-1984-proclamation-07-02-1985/conflicts","importantCases":"/api/acts/torres-strait-fisheries-act-1984-proclamation-07-02-1985/important-cases","documents":"/api/acts/torres-strait-fisheries-act-1984-proclamation-07-02-1985/documents"}}