Torres Strait Fisheries Act 1984

The Act defines several critical concepts that shape its operation. Commercial fishing means fishing for commercial purposes, but does not include traditional fishing (s 6(1)). This exclusion is vital because traditional fishing is treated separately under the Treaty and the Act, with a general policy of non-interference except where conservation measures are necessary. Community fishing is a subset of commercial fishing carried on by a person who is both a traditional inhabitant and an Australian citizen, and who is not under an obligation to act in accordance with the directions of another person who is not both an Australian citizen and a traditional inhabitant (s 6(1) def community fishing). It also includes such a person together with others in the service of the State, the Commonwealth or an authority to provide training or advice in fishing techniques. Community fishing thus recognises a special category of commercial activity by traditional inhabitants that may be favoured in management arrangements.

Traditional fishing has the same meaning as in the Torres Strait Treaty, but does not include fishing by a method or with equipment or a vessel of a kind specified in a notice under section 3(2) of the Commonwealth Act (s 6(1)). The Treaty defines traditional fishing as the taking by traditional inhabitants for their own or their dependants' consumption or for use in the course of other traditional activities of the living natural resources of the sea, seabed, estuaries and coastal tidal areas, including dugong and turtle (Schedule, Article 1, definition of traditional fishing). Traditional inhabitants in relation to Australia means persons who are Torres Strait Islanders who live in the Protected Zone or the adjacent coastal area of Australia, are citizens of Australia, and maintain traditional customary associations with areas or features in or in the vicinity of the Protected Zone in relation to their subsistence or livelihood or social, cultural or religious activities (Schedule, Article 1, definition of traditional inhabitants). The Act modifies this definition: the reference to adjacent coastal area of Australia is read as any area adjacent to the Protected Zone and south of the seabed jurisdiction line described in Annex 5 of the Treaty that is declared under section 3(3) of the Commonwealth Act to be part of the adjacent coastal area (s 6(2)). This ensures the definition can be updated by Commonwealth declaration.

The Protected Zone is the area described in Annex 9 of the Torres Strait Treaty, but for commercial fishing it also includes any area adjacent to that zone, to the north of the seabed jurisdiction line, that Papua New Guinea law declares to be outside but near the Protected Zone for commercial fishing; and for traditional fishing, any area adjacent to the zone, north of that line, that PNG law declares to be in the vicinity of the Protected Zone for traditional fishing (s 6(1) def Protected Zone). The Protected Zone coastal waters of Queensland are defined as the parts of the territorial sea of Australia adjacent to Queensland that are in the Protected Zone or in a proclaimed area, but only to a breadth of 3 nautical miles: if the territorial sea is ever declared greater than 3 nautical miles, the Protected Zone coastal waters do not include any part that would be beyond 3 nautical miles under the old limit (s 6(3)-(4)). This cap is significant because it limits the extent to which Queensland can assert jurisdiction over fisheries beyond the territorial sea baseline.

Other key definitions imported from the Commonwealth Act include Australian boat, boat, foreign boat, and waters adjacent to Queensland (s 10(1)). Fishery is defined in section 10A to include activities by way of fishing identified in an arrangement as a fishery to which the arrangement applies, specified by reference to species, sex, area, fishing method, boat type, class of person, or purpose of activity. This broad definition allows the Joint Authority to define fisheries flexibly for management purposes.

The Act directly affects several categories of persons and entities. First, traditional inhabitants who engage in traditional fishing in the Torres Strait area. They are the primary beneficiaries of the Treaty's protections; the Act requires the Minister to have regard to their traditional way of life and livelihood (s 7). Traditional inhabitants are also eligible to engage in community fishing, which is a form of commercial fishing with favourable treatment potential. However, traditional inhabitants are not exempt from conservation measures: a Party (including Australia) may adopt a conservation measure applicable to traditional fishing if necessary for conservation of a species, but must minimise restrictive effects on traditional fishing (Schedule, Article 15(2)). Traditional inhabitants who are PNG nationals and who engage in traditional activities in Australian waters are also affected, as the Act implements the Treaty's provisions on free movement and traditional activities.

Second, commercial fishers and fishing vessel operators. The Act applies to commercial fishing in the Torres Strait area, including both Australian and foreign boats. Commercial fishing is regulated through the licensing arrangements under Part 3 and the Treaty's Article 26. Persons or vessels licensed by one Party to fish in a Protected Zone commercial fishery may be authorised by the other Party to fish in areas under the other Party's jurisdiction, and are exempt from licensing fees, levies and other charges imposed by the other Party (Schedule, Article 26(2)). This affects both Australian and PNG-licensed fishers who operate across the maritime boundary.

Third, the Queensland and Commonwealth governments and their agencies. The Act establishes the machinery for the Protected Zone Joint Authority to manage fisheries under arrangements. The Minister for Queensland exercises powers under Part 5 of the Commonwealth Act (s 11). The Joint Authority may delegate its powers to the chief executive, a local government, a prescribed entity, or officers of the public service or the Commonwealth (s 14). Inspectors under the Fisheries Act 1994 are authorised to enforce Commonwealth law when an arrangement provides for Commonwealth management of a Joint Authority fishery (s 23). This affects state fisheries officers who may be called upon to enforce federal law.

Fourth, holders of Commonwealth licences with endorsements. Section 8 deems a person holding a licence bearing a current endorsement under section 20 of the Commonwealth Act to hold a licence of a similar kind under State law for the purposes of both this Act and the Fisheries Act 1994. This means that a Commonwealth-endorsed licence holder does not need a separate State licence, but is subject to State enforcement provisions.

Fifth, the Torres Strait Joint Advisory Council and designated representatives under the Treaty. While not directly created by the State Act, the Act's schedule incorporates the Treaty which establishes these bodies. The Advisory Council includes members from each Party, including at least three traditional inhabitants, and makes recommendations on matters affecting traditional life and the environment (Schedule, Article 14). The designated representatives at Thursday Island and Daru facilitate local implementation (Schedule, Article 18).

Sixth, any person or vessel involved in third-State fishing or joint ventures. Article 27 of the Treaty (in the schedule) requires consultation and concurrence of both Parties before licensing vessels under third-State control to exploit Protected Zone commercial fisheries. This affects joint ventures with non-Party equity participation or vessels of third-State registration.

Seventh, persons potentially committing fisheries offences in the Protected Zone. The Treaty's enforcement provisions (Article 28) create a cooperative enforcement regime: corrective action is taken by the flag State (first Party) rather than the coastal State (second Party) in most cases, with special rules for traditional fishing (Article 28(8)). This affects how alleged offenders are dealt with: they may be released or handed over to their flag State rather than prosecuted by the coastal State.

The Act imposes duties primarily on the Queensland Minister and the Joint Authority, and confers rights on traditional inhabitants and licence holders.

The Minister has a duty under section 7 to have regard to the rights and obligations conferred on Australia by the Torres Strait Treaty, and in particular to the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing. This is an administrative duty that guides decision-making under the Act. The Minister may also exercise any power and perform any function conferred on the Minister by Part 5 of the Commonwealth Act, including as a member of the Joint Authority (s 11(1)). The Minister must cause a copy of each report of the Joint Authority prepared under section 41 of the Commonwealth Act to be laid before the Legislative Assembly as soon as practicable after its preparation (s 16).

The Joint Authority has functions in relation to a fishery for which an arrangement is in force: those functions are conferred by the law under which the fishery is to be managed (s 13). Where the Joint Authority has management of a fishery under an arrangement providing for management in accordance with State law, the Joint Authority has the additional functions of keeping the condition of the fishery under constant consideration, formulating policies and plans for good management, exercising powers conferred by the Act, and cooperating with other authorities (s 19). The Joint Authority may delegate its powers to the chief executive, a local government, a prescribed entity, or officers (s 14). Delegations may permit subdelegation (s 14(2)). The Joint Authority also exercises licensing powers under the Fisheries Act 1994 for Protected Zone Joint Authority fisheries: powers of the Minister or other persons under that Act are exercisable by the Joint Authority instead (s 20(2)). The Joint Authority may designate an existing authority by endorsement to extend its operation to matters within the Joint Authority's licensing powers (s 20(4)). However, the Joint Authority cannot issue or take action in respect of an authority for a foreign boat (s 20(6)).

The Governor in Council may make regulations for the management of a fishery being managed by the Joint Authority under State law, for the purpose of giving effect to a decision of the Joint Authority (s 22(1)(a)). The Governor in Council may also apply or amend existing regulations to the fishery (s 22(1)(b)-(c)). Other regulation-making powers under other enactments do not extend to such a fishery (s 22(2)). A regulation expressed to be made under section 22 is conclusively presumed to have been made for the purpose of giving effect to a Joint Authority decision (s 22(3)).

Rights of traditional inhabitants are recognised. They have the right to engage in traditional fishing without needing a licence under the Act (traditional fishing is excluded from commercial fishing). They may also engage in community fishing, a form of commercial fishing, with the benefit that they are not under an obligation to act in accordance with directions of non-traditional-inhabitant, non-Australian-citizen persons (s 6(1) def community fishing). The Treaty provisions in the schedule provide for free movement and performance of traditional activities (Article 11), though this does not sanction expansion of traditional fishing into areas not traditionally fished before the Treaty entered into force (Article 11(2)). Traditional inhabitants must be consulted on licensing arrangements for Protected Zone commercial fisheries (Schedule, Article 26(4)).

Licence holders who hold a Commonwealth endorsement under section 20 of the Commonwealth Act have a right to be deemed to hold a similar State licence for the purposes of this Act and the Fisheries Act 1994 (s 8). Persons or vessels licensed by one Party and authorised to fish in the other Party's waters are exempt from licensing fees, levies and other charges of the other Party (Schedule, Article 26(2)). They must, however, comply with the fisheries laws and regulations of the other Party.

State officials (the chief executive and inspectors) have a duty and authority to discharge functions, duties and powers conferred on them by the Commonwealth Act in respect of a Joint Authority fishery managed under Commonwealth law pursuant to an arrangement under Part 3 (s 23). This ensures that Queensland enforcement officers can enforce federal law without needing separate appointment.

The Act itself contains no penalty provisions. Offences and penalties arise under the Fisheries Act 1994 (Qld) and the Torres Strait Fisheries Act 1984 (Cth) (the Commonwealth Act). However, the Treaty schedule (Article 28) establishes a detailed cooperative enforcement regime for Protected Zone commercial fisheries.

Under the Treaty, each Party must make it an offence under its fisheries laws for a person to use a vessel of its nationality to fish in Protected Zone commercial fisheries for species in areas over which the other Party has jurisdiction, without being duly licensed or authorised by that other Party, or, if licensed, in breach of the other Party's fisheries laws (Schedule, Article 28(3)). Each Party must investigate suspected offences and take corrective action (Article 28(4)). Corrective action includes apprehension, prosecution, execution of a penalty imposed by a court, or cancellation or suspension of a licence (Article 28(5)).

A key enforcement principle is that corrective action is taken by the flag State (first Party) rather than the coastal State (second Party) (Article 28(6)). This applies to all offences except those committed in the course of traditional fishing, where the flag State must take action and the coastal State must release or hand over offenders and their vessel (Article 28(8)-(9)). For non-traditional offences where the vessel is licensed to fish in the Protected Zone by the flag State, the flag State again takes corrective action, and the coastal State must release or hand over (Article 28(10)). This applies also to offences outside the Protected Zone if the vessel was authorised to fish there under a subsidiary arrangement and the offence relates to that fishery (Article 28(11)). Detention is permitted only for an expeditious investigation to obtain evidence; thereafter the person or vessel must be handed over unless lawfully detained on another ground (Article 28(12)). If the alleged offender is convicted or found to have contravened a licence condition, the flag State must cancel or suspend the licence (Article 28(13)). The coastal State may also cancel or suspend a licence it issued to the same person or vessel after receiving a report and representations from the flag State (Article 28(14)).

Each Party must provide the other with evidence obtained during investigations and take measures to facilitate its admission in proceedings (Article 28(15)). The parties are to cooperate, including by exchange of personnel, in inspection and enforcement to prevent violations (Article 28(1)). They must consult to ensure their legislation and regulations are consistent as far as practicable (Article 28(2)).

In Queensland, inspectors under the Fisheries Act 1994 have the powers conferred on them by that Act. Where an arrangement under Part 3 provides for management of a Joint Authority fishery under Commonwealth law, the chief executive and every inspector are authorised to discharge and exercise the functions, duties and powers conferred on them by the Commonwealth Act (s 23). This means they can enforce both State and Commonwealth law in the Torres Strait area. However, the Act does not create any new offence or penalty for breach of its provisions. Enforcement relies on the general fisheries laws of Queensland and the Commonwealth.

The Governor in Council may make regulations under the Act, including to implement the Torres Strait Treaty (s 24). Such regulations could potentially create offences with penalties, but the Act itself does not specify a maximum penalty for regulation-made offences. Any such regulations would need to be consistent with the Act's framework and the Treaty.

Section 21 creates a conclusive presumption: a statement in an arrangement that specified waters are waters adjacent to the State is conclusively presumed to be correct for the purposes of the Act. This prevents challenge to the jurisdictional basis of an arrangement.

The Act has a carefully structured relationship with other laws, primarily the Fisheries Act 1994 (Qld) and the Torres Strait Fisheries Act 1984 (Cth). Section 5 is explicit: the Fisheries Act 1994 does not apply to the taking of fish for purposes of a fishery within the Torres Strait area managed in accordance with Commonwealth law under an arrangement under Part 3. This exclusion prevents dual regulation of fisheries that have been placed under Commonwealth management, whether by the Joint Authority or by Queensland under an arrangement.

Where a fishery is managed under an arrangement in accordance with State law, the Fisheries Act 1994 applies, but with modifications. Section 18 provides that where there is an arrangement under which a fishery is to be managed in accordance with Queensland law, then in waters beyond the outer limits of the Protected Zone coastal waters of Queensland, the Fisheries Act 1994 does not apply to that fishery in two situations: (a) if the fishery is managed by the Joint Authority, in relation to foreign boats, operations on and from foreign boats, and matters occurring before the arrangement took effect; and (b) if the fishery is managed by Queensland, in relation to boats other than Australian boats, operations on and from such boats, and matters occurring before the arrangement took effect (s 18). This carves out certain matters from the Fisheries Act 1994 to avoid conflict with Commonwealth jurisdiction or with transitional arrangements.

Section 20 provides that for a Protected Zone Joint Authority fishery managed under State law, the powers under the Fisheries Act 1994 (including issue, renewal, cancellation and suspension of authorities) are exercisable by the Joint Authority instead of the Minister or other person named in that Act (s 20(2)). This effectively replaces the State decision-maker with the Joint Authority for licensing purposes. The Joint Authority may also designate an existing authority issued under the Fisheries Act 1994 to extend its operation to matters within the Joint Authority's licensing powers (s 20(4)). When a fishery becomes a Joint Authority fishery, any existing regulation or other instrument under the Fisheries Act 1994 that would apply to it ceases to apply (s 20(5)), unless the Governor in Council exercises a power under section 22(1)(b) or (c) to apply or amend a regulation.

Section 8 deems a Commonwealth-endorsed licence to be a similar State licence for the purposes of both the Torres Strait Fisheries Act 1984 and the Fisheries Act 1994. This avoids the need for separate State licensing while ensuring that the holder is subject to State enforcement provisions.

Section 23 authorises State officials to enforce Commonwealth law. Where a Joint Authority fishery in waters adjacent to Queensland is managed under Commonwealth law, the chief executive and every inspector are authorised to discharge the functions, duties and powers conferred on them by the Commonwealth Act. This creates a cross-authorisation that allows Queensland enforcement officers to act under federal law without needing dual appointments.

The Act also interacts with the Torres Strait Treaty itself. The schedule sets out the Treaty text, but the Act does not incorporate the Treaty directly as part of Queensland law; rather, the Act gives effect to the Treaty through its operative provisions. The Governor in Council may make regulations to implement the Treaty (s 24). The Treaty's provisions on licensing, enforcement, and resource sharing are given domestic legal effect through the mechanism of Part 3 arrangements and the regulations.

If there is any inconsistency between the Torres Strait Fisheries Act 1984 (Qld) and the Fisheries Act 1994, the Torres Strait Act prevails to the extent of the inconsistency, given that section 5 and section 18 expressly exclude or modify the application of the Fisheries Act 1994. The Act does not explicitly address inconsistency with other Queensland laws, but its status as a special Act for the Torres Strait area likely means it prevails over general fisheries legislation.

The Act as originally enacted in 1984 has been amended several times. The source text shows the following amendments:

• 1994 No. 37 s 244 sch 2: This appears to be a major amending act, the Queensland Fisheries (Restructuring) Amendment Act 1994 (or similar), which made numerous changes throughout the Act. It inserted the definition of community fishing, amended the definition of Protected Zone, added the definition of inspector (referring to the Fisheries Act 1994), omitted definitions of Director and Minister (which were repealed), inserted section 10A (meaning of fishery), substituted section 14 (delegation), amended sections 4, 5, 6, 8, 10, 11, 17, 18, 20, 23, and 24, and made other textual changes. This amendment also replaced references to the previous Fisheries Act with the Fisheries Act 1994. The former section 3 (Arrangement) was omitted on 14 February 1995 by RA s 36 (presumably the Reprints Act).

• 1994 No. 15 s 3 sch 2: This amendment omitted section 9 (Governor in Council may make provision). The annotation shows "om 1994 No. 15 s 3 sch 2". No details of the text of s 9 are provided in the source.

• 2000 No. 26 s 13 sch 2: This amendment amended section 14 (delegation) to include entities prescribed under a regulation (prescribed entities) and to allow delegation to such entities and their officers/employees/members.

The Act has not been substantially amended in recent years; the last amendment in the source is from 2000. It is possible that subsequent amendments have been made but are not shown in the provided text (the text appears to be a consolidation as at a particular date, showing amendment history up to 2000). The Act's structure remains largely as established by the 1994 amendments.

The source text contains no references to any court cases, judgments, or litigation. The Act itself does not name any cases or provide any litigation history. The enforcement provisions in the Treaty schedule (Article 28) contemplate that offences will be dealt with by the flag State's authorities, with possible prosecution in the flag State's courts. The Act does not create its own offence provisions, so litigation under the Act alone would likely be rare; any prosecutions would be under the Fisheries Act 1994 (Qld) or the Commonwealth Act. The conclusive presumption in section 21 (that a statement in an arrangement that specified waters are adjacent to the State is conclusively correct) would likely prevent litigation challenging the jurisdictional basis of an arrangement. The deeming provision in section 8 (Commonwealth endorsements deemed State licences) could give rise to litigation about whether a particular endorsement is current or of a similar kind, but no cases are referenced. The Act's provisions on the application of the Fisheries Act 1994 (ss 5, 18, 20) could be the subject of judicial interpretation, particularly regarding the scope of "taking of fish for purposes of a fishery" and the meaning of "waters that are beyond the outer limits of the Protected Zone coastal waters of Queensland". However, without specific case references, it is not possible to identify any litigation history. It is reasonable to infer that the Act has been the subject of limited litigation, given its enabling and coordinating nature and the preference for cooperative enforcement under the Treaty.

Several aspects of the Act may catch practitioners off guard. First, the definition of Protected Zone coastal waters of Queensland is capped at 3 nautical miles, even if the territorial sea is extended (s 6(4)). This means that beyond 3 nautical miles from the baseline, Queensland does not have the same jurisdictional waters as the Commonwealth for the purposes of this Act. Practitioners must carefully distinguish between areas within the Protected Zone that are also within Queensland's 3-nautical-mile coastal waters and those that are not, as the Fisheries Act 1994 may apply differently under section 18.

Second, the Fisheries Act 1994 does not apply to the taking of fish for purposes of a fishery managed under Commonwealth law under an arrangement under Part 3 (s 5). However, section 5 only excludes the Fisheries Act 1994 in relation to the taking of fish; other activities of the fishery (processing, transporting, etc.) may still be subject to the Fisheries Act 1994. The precise scope of "taking" as defined in the Fisheries Act 1994 needs to be checked.

Third, the Act's application is limited to the Torres Strait area as defined in section 4. This area includes only the Protected Zone and any adjacent area proclaimed under section 15 of the Commonwealth Act. If no proclamation is in force for a particular area adjacent to the Protected Zone, the Act does not apply there, even if that area is within the maritime boundaries of Australia. This can create jurisdictional gaps.

Fourth, the definition of traditional fishing excludes fishing by a method or with equipment or a vessel of a kind specified in a notice under section 3(2) of the Commonwealth Act (s 6(1)). The Commonwealth may thus unilaterally remove certain activities from the protection of traditional fishing by issuing a notice. Practitioners need to check whether any such notice is in force.

Fifth, community fishing is only available to a person who is both a traditional inhabitant and an Australian citizen, and who is not under an obligation to act in accordance with the directions of another person who is not both an Australian citizen and a traditional inhabitant (s 6(1) def community fishing). This means that a traditional inhabitant who is employed by a non-traditional-inhabitant company or individual cannot engage in community fishing; they would be engaged in ordinary commercial fishing.

Sixth, the Joint Authority cannot issue an authority in respect of a foreign boat (s 20(6)). This means that foreign fishing vessels cannot be licensed by the Joint Authority under State law for a Protected Zone Joint Authority fishery. They would need to be licensed under Commonwealth law.

Seventh, the conclusive presumption in section 21 (statement in an arrangement that specified waters are adjacent to the State) cannot be challenged. If an arrangement states that certain waters are adjacent to Queensland, that statement is conclusively correct for the purposes of the Act, even if it might be ambiguous geographically.

Eighth, when an arrangement is terminated, licences, endorsements and other instruments issued for the purposes of the arrangement cease to have effect (s 17(4)). There is no transitional continuation; holders must be aware that termination immediately nullifies their authorisations. However, section 17(5) allows new instruments to be issued in anticipation of termination, but they do not take effect until termination actually occurs.

Ninth, the enforcement regime under the Treaty schedule (Article 28) relies heavily on flag State enforcement. This means that if a vessel from one Party commits an offence in the other Party's waters, the flag State is expected to take corrective action. The coastal State may not be able to prosecute directly unless the flag State does not act. This can create delays and reliance on inter-governmental cooperation.

Compliance with the Torres Strait Fisheries Act 1984 (Qld) requires an understanding of the interplay between State and Commonwealth law, and between the Act and the Fisheries Act 1994. The following steps are necessary for operators, regulators, and traditional inhabitants.

First, determine whether the activity in question falls within the Torres Strait area as defined in section 4. If the activity is within the Protected Zone, the Act applies. If it is outside the Protected Zone but within an area adjacent to it for which a proclamation under section 15 of the Commonwealth Act is in force, and the activity is specified in the proclamation, the Act also applies (s 4(1)). If neither condition is met, the Act does not apply, and the Fisheries Act 1994 (Qld) applies without the modifications in this Act.

Second, classify the fishing activity. If the activity is traditional fishing (taking for consumption or traditional use by traditional inhabitants), it is not commercial fishing and is not subject to licensing under this Act, but may be subject to conservation measures adopted under the Treaty schedule (Article 15(2)). Ensure that the method, equipment or vessel is not of a kind specified in a notice under section 3(2) of the Commonwealth Act; if it is, the activity is not traditional fishing under the Act and becomes commercial fishing (s 6(1) def traditional fishing). If the activity is commercial fishing, determine whether it falls within community fishing. Community fishing is only available to persons who are both traditional inhabitants and Australian citizens and who are not under an obligation to act in accordance with directions of a non-citizen/non-traditional inhabitant (s 6(1) def community fishing). If the commercial fisher does not meet these criteria, they are engaged in ordinary commercial fishing.

Third, ascertain management arrangements. Check whether there is an arrangement in force under Part 3 for the relevant fishery. If there is, the fishery may be managed by the Protected Zone Joint Authority under either Commonwealth or State law. If the fishery is managed under Commonwealth law, the Fisheries Act 1994 does not apply to the taking of fish for that fishery (s 5), and State inspectors are authorised to enforce Commonwealth law (s 23). If the fishery is managed under State law, the Joint Authority exercises licensing powers under the Fisheries Act 1994 instead of the Minister (s 20(2)). Existing authorities under the Fisheries Act 1994 that apply to the fishery may cease to apply (s 20(5)). Ensure that any fishing is carried out under an authority issued by the Joint Authority, not under an ordinary State licence.

Fourth, for commercial fishing in a Protected Zone Joint Authority fishery, obtain the appropriate licence. If the licence is issued by the Commonwealth and bears a current endorsement under section 20 of the Commonwealth Act, it is deemed to be a State licence of a similar kind (s 8). If the licence is issued by the Joint Authority under State law, it must be limited to Joint Authority fisheries (s 20(3)). Foreign boats cannot be licensed by the Joint Authority under State law (s 20(6)); they must be licensed under Commonwealth law.

Fifth, comply with the relevant fisheries laws and regulations. If fishing in areas under the jurisdiction of the other Party (e.g. an Australian fishing in Papua New Guinea waters), the laws and regulations of that Party apply, but the fisher is exempt from licensing fees, levies and other charges of that Party (Schedule, Article 26(2)). It is an offence under the fisheries laws of each Party to fish without authorisation or in breach of conditions in areas under the other Party's jurisdiction (Schedule, Article 28(3)).

Sixth, traditional inhabitants exercising traditional fishing rights should familiarise themselves with any conservation measures adopted under Article 15(2) of the Treaty that may limit traditional fishing. Those measures must be necessary for conservation and must minimise restrictive effects on traditional fishing, but they are binding.

Seventh, for regulators, ensure that arrangements under Part 3 are properly made in accordance with section 32 of the Commonwealth Act (s 17(1)). Before an arrangement takes effect, licences and regulations may be prepared but do not have effect until the arrangement takes effect (s 17(3)). When an arrangement terminates, all instruments and regulations made under it cease to have effect (s 17(4)). The Joint Authority must keep the condition of the fishery under consideration and formulate policies for good management (s 19). The Governor in Council must make regulations or amend existing ones to give effect to Joint Authority decisions (s 22). Reports of the Joint Authority must be laid before the Legislative Assembly (s 16).

Finally, ensure that the Torres Strait Treaty's broader obligations are met. The Act's objectives require regard to traditional inhabitants' way of life (s 7). The Treaty schedule requires protection of the marine environment (Article 13), protection of fauna and flora (Article 14), and prohibition of mining and drilling of the seabed (Article 15). These obligations are given effect through the Act's regulation-making power (s 24) and through the management arrangements under Part 3.