{"id":"F2017L00371","name":"Torres Strait Fisheries Management Instrument No. 16","slug":"torres-strait-fisheries-management-instrument-no-16","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96099,"registerId":"commonwealth-F2017L00371-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Exemption from the prohibitions","sectionType":"division","heading":"Exemption from the prohibitions","content":"### Exemption from the prohibitions\n\n6.1 Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibition in\n\na) paragraph 5.1 if that person is taking dugong in the course of traditional fishing other than the area described in the Schedule;\n\nb) paragraph 5.1 if that person is taking turtle in the course of traditional fishing;\n\nc) paragraph 5.2 if taking or carrying dugong or turtle on a boat licensed under Section 19(2) of the Act that is operating under the conditions of a Traditional Inhabitant Boat (TIB) licence where the boat is no more than 6 metres in length.\n\nManner of measuring length of boat\n\n7. For the purpose of paragraph 6 the length of the boat is to be determined by measuring the distance between a vertical line passing through the foremost part of the hull and a vertical line passing through the aftermost part of the hull in a horizontal plane, including the length of any appendage which effectively increases the length of the hull, but excluding the length of any anchor rail, bowsprit or similar appendage.\n\nRevocation of previous instrument\n\n8.1 This Instrument revokes the Torres Strait Fisheries Management Notice No. 65 and Torres Strait Fisheries Management Notice No. 66 from the date of commencement of this Instrument.\n\n8.2 In accordance with s16(7A), notwithstanding the revocation of the Torres Strait Fisheries Management Notice No. 65 and Torres Strait Fisheries Management Notice No. 66, any entry previously made under s21(1) of the Act in an existing licence granted under s19(2) or (3) or treaty endorsement granted for engaging in activities that were prohibited in the revoked instruments, such entry shall continue to operate as if it referred to the prohibition in this instrument.\n\nSCHEDULE\n\nAREA OF THE DUGONG SANCTUARY\n\nThe area consisting of:\n\n(a) Commencing at the point of Latitude 11°10' South, Longitude 141°01' East;\n\n(b) Running thence north along the meridian of Longitude 141°01' East to its  \nintersection with the Fisheries Jurisdiction line specified in Annex 8 to the Torres  \nStrait Treaty;\n\n(c) Thence north-easterly along that line to its intersection with the meridian of  \nLongitude 142° East\n\n(d) Thence south along that meridian to its intersection with the parallel of Latitude  \n11°10' South;\n\n(e) Thence west along that parallel to the point of commencement","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain its original scope as a fisheries management tool for traditional hunting of dugong and turtle in the Torres Strait. It replaces previous instruments (Notices 65 and 66) with substantively similar provisions, suggesting continuity of purpose rather than scope creep."},"complexity_factors":["Multiple nested conditions in exemptions (paragraph 6 has three separate exemption clauses with different qualifying conditions)","Technical measurement rule for boat length requiring specific geometric calculations (paragraph 7)","Precise geographic coordinates in Schedule requiring maritime boundary knowledge","Cross-reference to Torres Strait Treaty (Annex 8) for boundary definitions","Transitional provision (8.2) preserving existing licence entries under repealed instruments with complex statutory cross-references (s16(7A), s21(1), s19(2) and (3))","Reference to 'treaty endorsement' without definition in the instrument itself"],"plain_english_summary":"This law sets rules for Torres Strait Islander and coastal Papua New Guinean traditional fishers: it bans dugong hunting in a defined sanctuary but permits dugong hunting outside that zone and allows turtle hunting generally, while letting small licensed traditional boats carry catches. It preserves existing TIB licence conditions, replaces Notices 65 and 66, and aims to balance cultural fishing rights with dugong conservation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces two earlier notices but contains a savings clause preserving existing licence entries made under s21(1) so those permissions continue as if made under this instrument. Mechanically, it maintains prior authorised activities while restating exemptions and defining the dugong sanctuary and boat-measurement rule; it therefore continues prior scope rather than expanding or eliminating previously authorised licences."},"complexity_factors":["Cross-references to multiple provisions of the Act (paragraph 16(1A)(d); prohibitions in paragraphs 5.1 and 5.2; s19(2); s21(1); s16(7A)) increase interpretive steps required.","Geographic specificity of the sanctuary in the Schedule (precise latitudes/longitudes and treaty boundary references) requires map-based verification for compliance.","Technical rule for measuring boat length (including some appendages, excluding others) creates potential measurement disputes and enforcement detail.","Transitional revocation plus savings clause (continuing effect of prior s21(1) licence entries) creates continuity complexity when reconciling old notices with the new instrument.","Narrowly targeted exemptions (traditional fishing, TIB licence ≤6m) mean compliance depends on validating the status of fishers and licence conditions."],"plain_english_summary":"This instrument creates targeted exemptions to fishing prohibitions: it allows people to take dugong and turtle when engaged in traditional fishing (but not dugong within the sanctuary described in the Schedule) and permits carrying dugong or turtle on a Traditional Inhabitant Boat (TIB) licensed under s19(2) if the boat is no more than 6 metres long. It also revokes two earlier notices but preserves existing licence entries made under s21(1) so they continue to operate under this instrument."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-management-instrument-no-16","history":"/api/acts/torres-strait-fisheries-management-instrument-no-16/history","analysis":"/api/acts/torres-strait-fisheries-management-instrument-no-16/analysis","conflicts":"/api/acts/torres-strait-fisheries-management-instrument-no-16/conflicts","importantCases":"/api/acts/torres-strait-fisheries-management-instrument-no-16/important-cases","documents":"/api/acts/torres-strait-fisheries-management-instrument-no-16/documents"}}