Commonwealth legislation

Torres Strait Fisheries Management Instrument No. 16

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

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.

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Current sections

Direct links to the current provisions in Torres Strait Fisheries Management Instrument No. 16.

Exemption from the prohibitions

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

a) paragraph 5.1 if that person is taking dugong in the course of traditional fishing other than the area described in the Schedule;

b) paragraph 5.1 if that person is taking turtle in the course of traditional fishing;

c) 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.

Manner of measuring length of boat

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.

Revocation of previous instrument

8.1 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.

8.2 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.

SCHEDULE

AREA OF THE DUGONG SANCTUARY

The area consisting of:

(a) Commencing at the point of Latitude 11°10' South, Longitude 141°01' East;

(b) Running thence north along the meridian of Longitude 141°01' East to its
intersection with the Fisheries Jurisdiction line specified in Annex 8 to the Torres
Strait Treaty;

(d) Thence south along that meridian to its intersection with the parallel of Latitude
11°10' South;

(e) Thence west along that parallel to the point of commencement

Source text

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

Exemption from the prohibitions Exemption from the prohibitions