Commonwealth legislation

Torres Strait Fisheries Management Instrument No.15

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This Instrument creates narrow exceptions to a general ban on collecting sea cucumbers in the Torres Strait. It allows small-scale casual possession (very limited numbers on foot or by boat), permits licensed commercial fishers to take, process and carry sea cucumbers under their licences, and fully exempts traditional fishers. It replaces a 2002 notice, and existing licences or endorsements under that notice remain valid under the new rules.

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Current sections

Direct links to the current provisions in Torres Strait Fisheries Management Instrument No.15.

Exemption from the prohibitions

8.1 Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibition in paragraph 5 if:

a) where the person takes or carries sea cucumbers without the use of a boat – the number of sea cucumber in that person’s possession does not exceed three; or

b) where the person takes or carries sea cucumbers with the use of a boat, or by diving from a boat, and no other person is in the boat – the number of sea cucumbers in the boat does not exceed three; or

c) where the person takes or carries sea cucumbers with the use of a boat, or by diving from a boat, and there is at least one other person in the boat – the number of sea cucumber in the boat does not exceed six.

8.2. Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibition in paragraph 5 if the person holds a licence granted under subsections 19(2) or 19(3) of the Act that entitles that person to take, process or carry sea cucumber.

8.3 Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibition in paragraph 5 if the person takes, processes or carries sea cucumber in the course of traditional fishing.

Revocation of previous instrument

9.1 This Instrument revokes the Torres Strait Fisheries Management Notice No. 64 dated 24th December 2002 from the date of commencement of this Instrument.

9.2 In accordance with s16(7A) , notwithstanding the revocation of the Torres Strait Fisheries Management Notice No. 64, 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 that revoked instrument, such entry shall continue to operate as if it referred to the prohibition in this instrument.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.