Torres Strait Fisheries (Tropical Rock Lobster) Management Instrument 2018

Key statutory concepts are defined in s 4 and through cross-reference to the Act and the Management Plan. The instrument relies on a compact set of definitions and concepts that control who may operate, how they may operate and how the available catch is apportioned.

Quota and TAC

• Total Allowable Catch, Tropical Rock Lobster and TRL fishery are defined in s 4. The instrument apportions the Australian share of allowable catch between sectors via the TAC for the TIB sector (s 4A). The starting point is a fixed percentage, 66.17% of the Total Allowable Catch, plus any percentage the CEO may determine under ss 4A(2) or (3) to reflect licence transfers to the TSRA (s 4A(1)-(3)). CEO instruments under ss 4A(2) and (3) must be notified to all licence-holders and published on the PZJA website (s 4A(4)). The CEO may make such determinations repeatedly as occasion requires (s 4A(5)). The instrument also relies on quota and allocation concepts embedded in the Management Plan, for example allocation day, TRL fishing licence, TVH licences and unused quota units (s 4 Definitions; see also s 7C).

Licence categories and exclusions

• Licence categories are central. The instrument distinguishes primary boat licences, tender boat licences, licences granted under subsections 19(2) and 19(3) of the Act, TVH licences (a primary or tender boat licence not held by TSRA), and TRL fishing licences defined by the Management Plan (s 4 Definitions). The TSRA is treated differently; a primary or tender licence held by the TSRA is excluded from the definition of TVH licence (s 4 Definitions). The instrument ties exemptions from the general prohibitions to these licence categories and to licence status (eg not suspended under s 26 of the Act) (s 7(1), s 7A(1)(c), s 7B(1)(b)).

Seasons and dates

• The instrument explicitly creates a TIB Fishing Season for the first year: 1 December 2018 to the earlier of 30 September 2019 or the TIB Total Allowable Catch Date (s 7(2)-(3)). The CEO can determine the TIB Total Allowable Catch Date provided the CEO reasonably believes the TAC will be taken on or before that date and after prior notice to Queensland Department of Agriculture and Fisheries and the TSRA (s 7(3)-(4)). Hookah gear is subject to a Hookah Season (1 February to 30 September) in which hookah gear can be used unless a Hookah Moontide Notice restricts periods within that season (ss 13(1)-(2)). Night-time diving equipment is controlled between 1900 and 0600 AEST (s 15).

Method and equipment definitions

• Allowed methods are tightly limited. Section 10(2) specifies that the prohibition in s 10 does not apply to collecting by hand or with a spear, scoop net not exceeding specified dimensions, or other implements held in the person’s hand at all times. Mechanical equipment that provides underwater propulsion and most breathing apparatus are explicitly prohibited under s 11(2), but s 11(2)(b) excludes hookah gear from that particular prohibition, because hookah is treated elsewhere (s 11(2) and ss 12-13). The instrument defines diving equipment narrowly as face mask and fins (s 4 Definitions), and defines hookah gear to include surface-supplied breathing equipment (s 4 Definitions).

Size rules and measurement precision

• Section 9 sets minimum dimensions for carapace length (90 mm) and tail length (115 mm) and prescribes detailed measurement techniques for both (ss 9(2)-(4)). The instrument prescribes the measurement points and the method, including firm downward pressure on the third abdominal somite for tail measurement (s 9(4)(b)). The instrument turns technical measurement into enforceable rules, reducing ambiguity around what is undersize.

Administrative decision-makers and notification requirements

• The CEO, AFMA staff members and officers (as defined) hold decision-making roles. The CEO can make percentage determinations adjusting the TIB TAC (s 4A(2)-(3)), determine the TIB Total Allowable Catch Date (s 7(3)), and send Hookah Moontide Notices (s 13(2)). Before making certain determinations the CEO must notify relevant agencies (s 4A(4), s 7(4)(b), s 13(3)). The instrument requires that determinations under s 4A be sent to all licence-holders and published on the PZJA website (s 4A(4)) and that TIB TAC Notices be sent to relevant licence-holders (s 7(5)-(6)).

Traditional inhabitant carve-out

• The instrument repeatedly notes that the prohibitions do not apply to traditional inhabitants engaged in traditional fishing due to the PZJA Arrangement (see Notes under s 6 and other sections). The Management Plan contains further provisions relevant to traditional inhabitants, including a separate notion of the TIB sector and potential notices under s 11 of the Management Plan referenced in s 7C(3).

Taken together, these concepts make the instrument a mixed regime of quota allocation and operational controls that interface with the Management Plan and the broader Torres Strait fisheries governance architecture.

Primary groups affected are commercial licence-holders in the TRL fishery, the Torres Strait Regional Authority, traditional inhabitants, the CEO and AFMA staff and persons operating boats in the area of the TRL fishery. The instrument’s definitions and exemptions map precisely to licence categories; compliance obligations and access depend on the licence class held.

Licence-holders

• Holders of licences under subsection 19(2) of the Act who are authorised to take, process or carry Tropical Rock Lobster are central to the regime. Section 7(1) exempts such persons from the general prohibition (s 6) during the TIB Fishing Season subject to specific conditions: the licence must not be a primary or tender boat licence unless held by the TSRA, the licence must not be suspended under s 26 of the Act, and the licence must authorise the taking, processing or carrying of Tropical Rock Lobster (s 7(1)). Those conditions determine who may fish during the TIB Fishing Season.

TVH licence-holders

• Holders of TVH licences (primary or tender licences not held by the TSRA) are dealt with in ss 7A and 7B. Section 7A provides an exemption allowing TVH licence-holders to operate between 1 December 2018 and 30 September 2019, provided their licence is not suspended and they comply with conditions imposed under s 22 of the Act. The instrument notes that conditions will limit the amount of Tropical Rock Lobster that a TVH licence-holder can take (s 7A Note). Section 7B provides a separate exemption for holders of licences under s 19(3) who are authorised to carry or process and carry lobster taken by another boat; those persons may carry or process and carry during 1 December 2018 to 30 September 2019 provided their licence is not suspended (s 7B).

TSRA and traditional inhabitants

• The TSRA occupies a special role. The instrument’s definition of TVH expressly excludes primary and tender licences held by the TSRA (s 4 Definitions). Section 4A provides a mechanism by which the CEO may determine additional percentage allocations to the TAC for the TIB sector to reflect licences permanently transferred to the TSRA under s 25 of the Act, depending on whether the transfer occurs before or on/after a snapshot day (s 4A(2)-(3)). The instrument repeatedly notes that prohibitions do not apply to traditional inhabitants engaged in traditional fishing due to the PZJA Arrangement (Notes under numerous sections, eg s 6 Note, s 9 Note).

Operators and crew

• Persons using boats in the TRL fishery are affected by equipment and method restrictions. Sections 10-13, 15-16 restrict permitted methods, prohibit mechanical underwater propulsion and most breathing apparatus, and regulate hookah and diving equipment. Persons who supply, possess or control forbidden equipment on a boat are directly regulated (s 12). Crew and boat owners must ensure compliance with strict storage requirements for diving equipment at night (s 15) or obtain written permission from an officer (s 16).

Administrators and enforcement agents

• The CEO, AFMA staff members and officers defined in s 4 have powers to make determinations and issue notices. The CEO must notify the Queensland Department of Agriculture and Fisheries and the TSRA before making certain determinations (s 7(4)(b), s 13(3)). Officers can grant written permission for night-time possession or use of diving equipment (s 16). AFMA staff members acting to assist the CEO are included in the definition of officer for management responsibilities (s 4 Definitions).

Downstream market participants

• Processors, carriers and buyers are affected by the ban on carrying processed lobster meat on boats in the TRL fishery (s 14). The instrument prohibits the carrying of any part of Tropical Rock Lobster that has been processed by removing the meat from the shell on a boat in the fishery. Licence-holders who transport lobster between boats and shore need to be aware of this operational ban.

Regulatory interaction and timeline impacts

• Persons planning capital investments in propulsion or diving equipment, or changes to vessel configuration, are directly affected by the prohibitions on mechanical propulsion and breathing apparatus (s 11). The seasonal windows (TIB Fishing Season, Hookah Season and night-time window for diving equipment) create time-limited rights to operate and therefore influence operational scheduling, crew rosters and equipment procurement.

Unclear or external groups

• The instrument does not itself create explicit civil or criminal penalty schedules; those are likely in the Act or Regulations. The instrument references licence suspension under s 26 of the Act as a condition to be satisfied for exemptions, so persons whose licences are at risk of suspension under the Act are affected indirectly (see ss 7(1)(c), 7A(1)(c), 7B(1)(b)).

In short, the instrument distinguishes access primarily by licence type and by whether the licence is held by the TSRA, with explicit seasonal and method/equipment restrictions that shape operational choices for fishers, crew and service providers in the TRL fishery.

The instrument establishes duties for persons operating in the TRL fishery and rights in the form of conditional exemptions and CEO powers to adjust quotas and timing. Duties are primarily prohibitory and procedural; rights are defined by licence status, CEO determinations and officer permissions.

Principal duties

• Do not take, process or carry Tropical Rock Lobster in the TRL fishery unless an exemption applies (s 6). That is the default duty. The instrument then identifies the circumstances under which taking, processing or carrying is lawful.
• Comply with size limits: do not take, process or carry undersize Tropical Rock Lobster as defined in s 9(1)-(4). The duty includes measuring carapace and tail lengths in the manner specified in s 9(3)-(4).
• Use only permitted methods: do not use methods other than collecting by hand, spear, scoop net within size limits, or an implement held in the person’s hand at all times (s 10).
• Do not use or possess mechanical underwater propulsion or breathing apparatus other than hookah gear where permitted (s 11). Do not possess hookah gear on a boat in the TRL fishery except as allowed under s 13; do not use hookah gear outside the Hookah Season or during specified prohibited periods within it where a Hookah Moontide Notice has been issued (ss 12-13).
• Do not carry processed lobster meat on a boat in the TRL fishery (s 14).
• Do not use or possess diving equipment on board between 1900 and 0600 AEST unless it is stowed and secured, or unless an officer has given written permission (ss 15-16).

Conditional exemptions and rights

• Licence-based exemptions: Hold licence types and meet licence conditions to receive exemptions from the general prohibition. For example, holders of licences granted under s 19(2) of the Act that authorise taking, processing or carrying Tropical Rock Lobster and meet the conditions in s 7(1) are exempt during the TIB Fishing Season (s 7). Holders of TVH licences may be authorised to take Tropical Rock Lobster between 1 December 2018 and 30 September 2019, subject to licence conditions under s 22 of the Act and licence suspension status (s 7A). Holders of s 19(3) licences who are authorised only to carry or to process and carry lobster taken by another boat are exempt to carry during the same period (s 7B).
• TRL fishing licence holders with unused quota units are exempt from the prohibition in the first fishing season after the allocation day when they take, carry or process within a fishing season (s 7C(2)). Traditional inhabitants holding TRL fishing licences are exempt where a Management Plan notice under s 11 is not in force for that fishing season (s 7C(3)).
• Treaty endorsement rights: A person may be exempt where they take, carry or process lobster on a boat with a Treaty endorsement in force and in accordance with PZJA-specified conditions and the season 1 December to 30 September (s 8).

Administrative rights and processes

• The CEO has the right to determine the TIB Total Allowable Catch Date for the TIB Fishing Season where the CEO reasonably believes the TAC will be taken and after notifying Queensland and the TSRA, and must provide a written TIB TAC Notice to licence-holders if a date is determined (s 7(3)-(5)). If notice is sent less than 5 days before the determined date, the effective date is 5 days after the notice is sent (s 7(6)).
• The CEO may make percentage determinations under ss 4A(2)-(3) to adjust the TAC for the TIB sector where the TSRA has been permanently transferred licences under s 25 of the Act, and must notify licence-holders and publish the instrument on the PZJA website (s 4A(2)-(4)).
• Officers may grant written permission for possession or use of diving equipment at night (s 16). The CEO may issue Hookah Moontide Notices restricting periods within the Hookah Season after providing a copy of the notice to Queensland and the TSRA (s 13(2)-(3)).

Procedural duties

• Notification and publication duties fall to the CEO for certain instruments and determinations. The CEO must send instruments under ss 4A(2)-(3) to all persons who hold licences under ss 19(2) or (3) and must publish them on the PZJA website (s 4A(4)). The CEO must notify the Queensland Department of Agriculture and Fisheries and the TSRA before determining a TIB Total Allowable Catch Date (s 7(4)(b)), and provide and send the TIB TAC Notice to licence-holders if a date is determined (s 7(5)). Before issuing a Hookah Moontide Notice the CEO must give a copy to Queensland and the TSRA (s 13(3)).

Interplay with licence suspension and other Act powers

• Several exemptions are conditional upon the licence not being suspended under s 26 of the Act (see ss 7(1)(c), 7A(1)(c), 7B(1)(b)). This ties rights under the instrument directly to the exercise of statutory powers in the Act concerning licence discipline and enforcement.

In summary, duties are negative and detailed: do not take, process or carry Tropical Rock Lobster in the absence of an applicable exemption; follow size and method rules; avoid prohibited equipment; and observe notification and temporal controls. Rights principally derive from licence status, quota holdings and the exercise of administrative discretions by the CEO and officers, with accompanying procedural obligations for notice and publication.

The instrument creates a regulatory regime of prohibitions and exemptions but does not itself list specific penalties for breaches. Enforcement and sanctions are implemented through a combination of the instrument’s prohibitions, references to licence suspension under the Act, licence conditions under s 22 of the Act and the broader powers in the Torres Strait Fisheries Act 1984 and related legislation. The instrument describes administrative processes that facilitate enforcement and operational control by the CEO and officers.

Statutory prohibitions as enforcement touchpoints

• The instrument makes a range of acts unlawful subject to exemptions: taking, processing or carrying Tropical Rock Lobster generally (s 6), taking or carrying undersize lobsters (s 9), using prohibited methods (s 10), using prohibited equipment (s 11), possessing hookah gear on a boat except as allowed (s 12), carrying processed lobster meat on a boat (s 14), and possession or use of diving equipment at night unless stowed or authorised (s 15). Each prohibition creates an actionable contravention under the Act and Regulations, even though specific sanctions are not enumerated within this instrument.

Enforcement actors

• Officers and AFMA staff members are defined in s 4 and are the operational agents responsible for management and enforcement actions. The instrument enables officers to grant written permission for night-time possession or use of diving equipment (s 16), and the CEO to issue notices and determinations that have legal effect (ss 4A, 7, 13). The CEO must provide certain notifications to the Queensland Department of Agriculture and Fisheries and the TSRA before exercising particular discretions (s 7(4)(b), s 13(3)).

Licence suspension and conditions

• The instrument conditions key exemptions on the licence not being suspended under s 26 of the Act (see ss 7(1)(c), 7A(1)(c), 7B(1)(b)). Licence suspension is an enforcement tool in the Act; by tying exemptions to suspension status, the instrument effectively uses the Act’s disciplinary measures to enforce compliance with the instrument’s rules. Licence conditions under s 22 of the Act are also referenced in s 7A; the instrument indicates that conditions will limit the quantity of lobster TVH licence-holders may take, and compliance with those conditions is an enforceable duty.

Administrative remedies and notices

• The instrument provides administrative mechanisms for immediate operational control. The CEO’s ability to determine the TIB Total Allowable Catch Date and to send a TIB TAC Notice (s 7(3)-(6)) can effectively close a season early, which is a non-penal but high-impact enforcement tool. Similarly, the CEO may send Hookah Moontide Notices to prohibit use of hookah gear during specified periods within the Hookah Season (s 13(2)). These notices are instruments of management and enforcement because they change the legal availability of gear and methods.

Evidence and measurement standards

• By prescribing precise measurement methods for undersize lobsters (s 9(3)-(4)), the instrument creates objective criteria for inspectors and enforcement officers to apply when seizing catch or issuing infringement notices or prosecutions. This reduces the potential for factual disputes and supports enforcement action.

Absence of inline penalty schedules

• The instrument does not itself specify fines, imprisonment or exact penalty schedules. Those must be located in the Act or in the Torres Strait Fisheries Regulations 1985 and other applicable Commonwealth legislation. The instrument links into the Act for enforcement through references to licence suspension (s 26 of the Act), licence-granting provisions (s 19), conditions (s 22) and the Management Plan. Practitioners should consult the Act and Regulations to identify the precise criminal or civil penalties and the procedural rules for investigation, seizure, and prosecution.

Practical enforcement implications

• Enforcement can take both preventive and punitive forms under the instrument: preventive through seasons, equipment controls, and CEO notices that change legal entitlement in real time; punitive through licence suspensions and other sanctions in the Act. The instrument’s built-in notification and publication requirements for CEO instruments (s 4A(4)) and TIB TAC Notices (s 7(5)) reduce procedural risk for enforcement actions by establishing a record of notice to licence-holders.

In sum, the instrument supplies the substantive prohibitions and administrative controls. The legal consequences of contravention are enforced through the Act’s penalty and disciplinary apparatus and through administrative instruments such as licence conditions, suspensions and CEO notices. Practitioners must therefore read this instrument in tandem with the Act and the Regulations to assess the full enforcement landscape.

The instrument is embedded in the Torres Strait fisheries legal architecture and relies on several cross-references to the Act, the Fisheries Administration Act 1991 (the Administration Act), the Management Plan determined by the PZJA under the Act, the PZJA Arrangement under section 31 of the Act, and the Torres Strait Fisheries Regulations 1985. It is not a stand-alone code; operational and penalty details are found in those linked instruments.

Statutory foundation and executive roles

• The instrument is made under s 16 of the Torres Strait Fisheries Act 1984 (s 3 Authority). It relies on the Act for licence categories (subsections 19(2) and 19(3)), licence suspension powers (s 26 of the Act), transfer of licences (s 25 of the Act), and PZJA governance (ss 30-31). The CEO referenced is the Chief Executive Officer of AFMA appointed under section 10B of the Fisheries Administration Act 1991; AFMA staff members assisting the CEO are also included in definitions (s 4 Definitions). Thus, administrative responsibilities are apportioned according to the Administration Act and the Act.

Management Plan and quota regime

• Many quota and allocation concepts in the instrument derive from the Management Plan determined by the PZJA under s 15A of the Act. The instrument defines terms like allocation day, TRL fishing licence, unused quota unit and refers to the Management Plan for provisional and final quota allocations (s 4 Definitions and s 4A). The CEO’s ability to determine additional percentage allocations to the TIB sector (s 4A(2)-(3)) depends on the Management Plan having been determined for the TRL fishery (s 4A Notes). The instrument thus functions together with the Management Plan to allocate catch and regulate the fishery.

PZJA Arrangement and traditional fishing

• The instrument repeatedly notes that prohibitions do not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement (Notes under s 6 and elsewhere). The PZJA Arrangement is an agreement under s 31 of the Act between the Commonwealth and the State of Queensland and affects who is exempt from prohibitions and how the TIB sector is treated. The Management Plan also contains provisions dealing with traditional inhabitants, for example notices under s 11 of the Management Plan referenced in s 7C(3).

Regulations and spatial scope

• The TRL fishery area is defined by item 9 of Schedule 2 to the Torres Strait Fisheries Regulations 1985 (s 4 Definitions). Consequently, spatial jurisdiction and any area-specific restrictions must be read with the Regulations. The instrument’s prohibitions are spatially constrained to the area of Australian jurisdiction described in that Schedule 2 item.

Licence disciplines and conditions

• Conditions and licence management under the Act intersect directly with this instrument. The instrument expressly references licence suspension under s 26 of the Act as a disqualifier for exemptions (see ss 7, 7A, 7B). Section 7A requires TVH licence-holders to act in accordance with conditions to which their TVH licence is subject under s 22 of the Act. Thus licence-granting, discipline and condition powers in the Act and administrative practice are core to how rights created by this instrument are exercised and enforced.

Other Commonwealth and State laws

• The instrument requires the CEO to notify the Queensland Department of Agriculture and Fisheries and the TSRA before making certain determinations (ss 7(4)(b), 13(3)). That procedural linkage recognises the shared administrative interests and helps coordinate regulatory action between Commonwealth and State agencies. The instrument does not explicitly reference other Commonwealth laws such as customs, biosecurity or environmental laws, but operators should consider that other statutes may apply to vessel operations, seafood processing and trade.

Operational interplay with AFMA and PZJA

• The CEO’s determinations, notices and publication requirements (ss 4A, 7, 13) operate within AFMA’s management functions and PZJA’s joint administrative framework. The instrument expressly requires publication on the PZJA website for certain CEO instruments (s 4A(4)). Officers (AFMA staff assisting the CEO or appointed persons under the Fisheries Management Act 1991) are defined by reference to the Administration Act and the Fisheries Management Act, so powers arising from those statutes inform on-the-water enforcement capability.

In short, the instrument is component legislation that must be read together with:

• the Torres Strait Fisheries Act 1984 for the statutory powers it exercises and for enforcement and licensing regimes;
• the Fisheries Administration Act 1991 for the CEO and AFMA staff roles;
• the Management Plan determined by the PZJA for quota, allocation day, TRL fishing licences and unused quota units;
• the PZJA Arrangement between Commonwealth and Queensland for traditional inhabitant carve-outs; and
• the Torres Strait Fisheries Regulations 1985 for the spatial definition of the TRL fishery and other regulatory specifics.

Practitioners should therefore treat this instrument as part of a network of instruments; the operational and penalty consequences flow from that broader statutory and regulatory architecture.

The instrument identifies itself as the Torres Strait Fisheries (Tropical Rock Lobster) Management Instrument 2018 (s 1 Name). The text provided does not include any express amendments, savings, or historical variations within the instrument itself. There are internal references to temporal events and future acts , for example, the CEO’s power to make determinations under s 4A only after a Management Plan has been determined for the TRL fishery (s 4A Notes), and the first fishing season after allocation day provisions in s 7C , but the instrument as shown does not list prior instruments or amendment dates.

What is present and relevant for amendment tracing

• The instrument is made under s 16 of the Act and relies on other statutory instruments and instruments determined by the PZJA (Management Plan). Any substantive changes to quota shares, measurement rules, permitted methods or equipment prohibitions would be effected by amending this instrument or by changes to the Management Plan, PZJA decisions, or the Act and Regulations. The instrument itself anticipates future CEO instruments (s 4A(2)-(3), s 7(3), s 13(2)), so changes may occur by subsequent administrative instruments rather than by textual amendment.

How to verify amendment status

• Because the instrument text provided contains no amendment schedule, practitioners seeking the authoritative amendment history must consult:
  • the Federal Register of Legislation for the consolidated instrument and any subsequent amendments;
  • the PZJA website for CEO determinations, notices and other instruments that affect percentage allocations and TAC;
  • AFMA administrative records and determinations for Hookah Moontide Notices and TIB TAC Notices;
  • the Management Plan documents for the TRL fishery, which may have been made or amended after this instrument was published and which affect quota allocations and other operative details.

Practical implications of the instrument’s amendment architecture

• Several operational provisions are explicitly contingent on other instruments or events. For example, the CEO’s s 4A determinations to alter the TAC for the TIB sector depend on assessments of quota units under the Management Plan and may be triggered by TSRA licence transfers under s 25 of the Act. The instrument allows the CEO to exercise s 4A powers “from time to time as occasion requires” (s 4A(5)), creating an administrative flow of instruments rather than a one-off statutory position.

Absent amendment entries in the text, this section can only note that the instrument is dated 2018 and direct practitioners to the consolidated legal database and PZJA/AFMA publications for any subsequent modifications. For authoritative practice and compliance, always verify against the consolidated instrument on the Federal Register and any contemporaneous CEO instruments, Management Plan amendments, or PZJA determinations.

The instrument text provided contains no references to case law, litigation, judicial review proceedings or past adjudications concerning its provisions. No decided cases, appeals or legal challenges are mentioned in the instrument. Where litigation might arise, likely avenues include challenges to administrative determinations (for example, CEO percentage determinations under s 4A or TIB Total Allowable Catch Dates under s 7(3)) or prosecutions and enforcement actions for alleged breaches of the prohibitions in ss 6, 9-15.

What the instrument’s structure suggests about potential disputes

• Measurement methodology in s 9(3)-(4) is technical and precise, which can reduce factual disputes but could be the subject of litigation in close cases where measurement technique affects prosecution outcomes.
• CEO discretion under ss 4A and 7(3) must be exercised in accordance with administrative law principles. The statutory language imposes prerequisites for the CEO’s determination (for example, the CEO must reasonably believe the TAC will be taken and must notify Queensland and TSRA before determining the TIB Total Allowable Catch Date in s 7(4)). Those prerequisites create potential grounds for judicial review if a party alleges a failure to follow the statutory procedure or unreasonableness in the decision-making process.
• Hookah Moontide Notices under s 13 present an administrative instrument that could be subject to challenge if affected parties contend the CEO did not comply with procedural requirements (the requirement to provide copies to Queensland and the TSRA is explicit, s 13(3)), or if the content of a notice is alleged to be beyond power or irrational.
• Licence suspension and conditions under the Act interact with the instrument. Challenges to licence suspensions under s 26 of the Act could arise because suspension removes eligibility for exemptions in this instrument (see ss 7, 7A, 7B). Such challenges would be brought under the Act’s administrative processes or judicial review.

Where to search for litigation records

• Because no litigation history is contained in the instrument, practitioners should search:
  • Commonwealth and Federal Court records for any judicial review of CEO decisions under this instrument;
  • AFMA and PZJA administrative records for internal reviews or merits reviews under relevant legislation;
  • state court listings if any state-level prosecutions arose from alleged breaches tied to operations that overlap with state jurisdictional actions.

Absent any litigation cited in the instrument itself, the safe analytical position is to state that no litigation history is recorded within the instrument and that any assessment of case law impact requires independent searches of court databases and administrative decision records.

This instrument contains several practical traps and detail-driven compliance risks. Many arise from the interaction of licence categories, temporal windows, CEO notices and precise measurement or equipment definitions. Below are specific items that commonly catch operators, compliance officers and advisers.

Temporal scope of the TIB Fishing Season

• The TIB Fishing Season as defined in s 7(2) is expressly time-limited: from 1 December 2018 until the earlier of 30 September 2019 or the TIB Total Allowable Catch Date. Section 7(2) Note emphasises that subsection (1) conferring exemptions does not apply by way of subsection (1) after 30 September 2019. Practically, some operators may assume an ongoing seasonal pattern; the 2018 instrument creates a one-off initial season with an administrative power to close the season earlier by CEO determination. The CEO’s TIB TAC Notice timing rule in s 7(6) is also a trap: if notice is sent less than 5 days before the TIB Total Allowable Catch Date, the effective TIB Total Allowable Catch Date becomes 5 days after the notice is sent, which changes the operational deadline.

Distinguishing licence types and TSRA holdings

• The definition of TVH licence excludes licences held by the TSRA. Small differences in licence categorisation can change whether a licence-holder has an exemption under ss 7, 7A or 7B. Practitioners must confirm whether a primary or tender licence is held by TSRA to determine applicable rights. Transfers under s 25 of the Act can also trigger CEO adjustments under s 4A, with operable consequences for quota allocations.

CEO determination mechanics and dependency on the Management Plan

• Determinations under s 4A(2) and (3) that adjust the TAC for the TIB sector depend on the Management Plan having been determined. The CEO may make s 4A determinations only after a Management Plan has been determined (s 4A Notes). This temporal dependency can create uncertainty for licence transfer planning because transfers before or after a snapshot day are treated differently in ss 4A(2)-(3). The instrument allows repeated CEO determinations (s 4A(5)), creating the potential for iterative changes to the TIB TAC.

Hookah gear complexity

• Hookah gear is treated in multiple places. Section 11(2)(b) excludes hookah gear from the general prohibition on breathing apparatus so that hookah is regulated separately by ss 12-13. Section 12 prohibits use, possession or control of hookah gear on a boat subject to s 13. Section 13 permits hookah gear between 1 February and 30 September (Hookah Season) unless the CEO sends a Hookah Moontide Notice restricting periods. The CEO must provide a copy of any Hookah Moontide Notice to Queensland and the TSRA before sending it to a person (s 13(3)), and the specified restricted period must not be earlier than 5 days after the date the CEO sends the notice (s 13(4)). Practitioners must note the layering of permissions and prohibitions, and the risk that a Hookah Moontide Notice can carve out limited windows within the Hookah Season.

Measurement precision for undersize lobsters

• Section 9 mandates precise measurement techniques, including the application of firm downward pressure on the third abdominal somite for tail measurement (s 9(4)(b)). Failure to use the exact measurement method may invalidate a defence but may also present a risk in enforcement proceedings where officers use these standards to justify seizures. Operators and inspectors need standardised measurement tools and training to avoid disputes.

Processed product prohibition

• Section 14 prohibits carrying on a boat in the TRL fishery any part of a Tropical Rock Lobster that has been processed by removing the meat from the shell. This is stricter than common expectations about on-board processing, and transporters, buyers and processors must ensure no processed product is carried on boats in the TRL fishery, even if destined for immediate sale or onshore processing.

Night-time diving equipment provisions

• Dive equipment is defined narrowly as face mask and fins (s 4). Section 15 prohibits use or possession of diving equipment on a boat between 1900 and 0600 AEST unless stowed and secured. Section 16 allows an officer to give written permission to use or possess diving equipment between those hours. The interaction between what constitutes “stowed and secured” and the need to have written officer permission can be operationally significant, particularly for multi-purpose vessels. Operators should retain written permissions on board.

Licence suspension conditions

• Several exemptions are expressly conditional on licence not being suspended under s 26 of the Act. Because the instrument ties access rights to suspension status, parties facing disciplinary proceedings under the Act risk losing operating rights under this instrument even before final determination of licence issues.

Notification and publication timing

• For many CEO instruments the instrument requires notice to be sent to licence-holders and publication on the PZJA website (s 4A(4)). For the TIB Total Allowable Catch Date, if the TIB TAC Notice is not sent at least 5 days before the date determined, the effective date becomes 5 days after the notice is sent (s 7(6)). That rule can lead to unintended extensions or delays in closure of seasons if administrative timing is not managed.

Interplay with Management Plan and allocation day

• Section 7C applies from the first day of the first fishing season after the allocation day and creates exemptions for persons holding unused quota units and for traditional inhabitants where a notice under s 11 of the Management Plan is not in force. The allocation day and the Management Plan’s notices are therefore critical references; failure to account for allocation day timing can lead to mistaken assumptions about entitlement.

In short, the instrument is detail-heavy. The principal "gotchas" arise from time-limited rights, licence-type distinctions (particularly TSRA holdings), CEO notice procedures with 5-day timing rules, hookah regulatory layering, precise measurement methods, strict bans on processed meat on boats, and the interplay with licence suspensions and the Management Plan. Practitioners should build compliance checklists and notification-tracking systems to avoid these traps.

Compliance requires an integrated approach combining licence verification, operational controls, administrative monitoring for CEO notices, vessel and equipment management, and record-keeping to demonstrate adherence to procedural requirements. Below is a practical, source-grounded checklist and recommended operational practices tied to the relevant sections of the instrument.

1. Verify licence category and status

• Confirm the exact licence under which the vessel operates: is it a primary boat licence, tender boat licence, a TVH licence (primary or tender not held by TSRA), a licence under s 19(2) or s 19(3) of the Act, or a TRL fishing licence under the Management Plan (s 4 Definitions)? Rights under ss 7, 7A and 7B hinge on this classification.
• Check licence suspension status under s 26 of the Act. Exemptions under ss 7(1), 7A(1)(c) and 7B(1)(b) require the licence not to be suspended.

2. Monitor seasons and CEO notices

• For the initial TIB Fishing Season: note the operative dates 1 December 2018 to the earlier of 30 September 2019 or the TIB Total Allowable Catch Date (s 7(2)). Watch for any TIB TAC Notice from the CEO; the CEO must send notice to licence-holders and, if notice is untimely, the date shifts under s 7(6).
• For hookah gear: ensure hookah operations only during the Hookah Season 1 February to 30 September unless a Hookah Moontide Notice has been issued to prohibit specified periods (ss 13(1)-(2)). The CEO must provide a copy of a Hookah Moontide Notice to Queensland and the TSRA before sending it (s 13(3)).
• Monitor the PZJA website for CEO instruments relating to s 4A determinations, as s 4A(4) requires publication on the PZJA website.

3. Manage quota and understand s 4A adjustments

• If TSRA purchases licences under s 25 of the Act, the CEO may determine additional percentage allocations to the TIB TAC under s 4A(2)-(3). Ensure your business tracks licence transfer activity and monitors for s 4A instruments that must be sent to all persons who hold relevant licences and published (s 4A(4)).
• For holders of TRL fishing licences, confirm unused quota units and how the Management Plan treats allocation day and quota allocation, since s 7C exemptions apply from the first fishing season after allocation day.

4. Enforce on-board method and equipment rules

• Prohibit and remove from boats any mechanical underwater propulsion equipment and non-hookah underwater breathing apparatus in the TRL fishery area (s 11(2)). Ensure no equipment of the banned class is on board while operating in the area described in Schedule 2 to the Regulations (s 4 Definitions).
• Limit fishing methods to collecting by hand, spear, scoop net within specified dimensions, or an implement held in the hand at all times (s 10(2)). Verify scoop nets do not exceed 1.5 metres and handles are no longer than 3 metres if used (s 4 Definitions for scoop net).
• For hookah gear, maintain records of Hookah Moontide Notices and ensure no hookah gear is used or possessed in prohibited periods (ss 12-13).

5. Size measurement procedures and catch handling

• Train crew in the measurement standards set out in s 9. Carapace measurement must be along the dorsal surface from anterior mid-dorsal margin to posterior mid-dorsal margin (s 9(3)). Tail measurement requires the tail laid flat with firm downward pressure on the third abdominal somite and measured from anterior margin of first abdominal somite to posterior margin of sixth abdominal somite (s 9(4)).
• Establish on-board measurement protocols and maintain logbooks or photographs showing measurement method when catch is near the size limit to create evidence of compliance.

6. Avoid processing on board and manage transport

• Do not remove meat from the shell on board boats within the TRL fishery; s 14 prohibits carrying any part of a Tropical Rock Lobster that has been processed by removing the meat from the shell on a boat in the fishery. Adjust on-board handling and landing practices accordingly.

7. Control diving equipment and night-time operations

• Ensure diving equipment (face mask and fins per s 4 Definitions) is stowed and secured on board between 1900 and 0600 AEST, unless an officer has given written permission to use or possess diving equipment during those hours (ss 15-16). Keep all written permissions on board and available for inspection.

8. Record and retain administrative documents

• Keep records of licences, licence conditions imposed under s 22 of the Act (relevant to TVH licence-holders, s 7A), any CEO instruments received under s 4A, TIB TAC Notices under s 7(5), and Hookah Moontide Notices under s 13. These documents establish the basis for lawful activity and should be readily available during inspections.

9. Coordinate with authorities and stay informed

• Given the instrument’s cross-references and CEO notice mechanics, maintain active channels with AFMA, the PZJA, and the Queensland Department of Agriculture and Fisheries. The instrument requires the CEO to notify Queensland and the TSRA before particular determinations; licence-holders should track these communications for situational awareness (ss 7(4)(b), 13(3)).
• Regularly consult the PZJA website for published instruments as required by s 4A(4).

10. Integrate Management Plan obligations

• The Management Plan contains quota allocation rules, the concept of allocation day, TRL fishing licences, unused quota units and other management requirements referenced in the instrument. Ensure compliance with the Management Plan provisions in tandem with this instrument.

Practical compliance templates and checks

• Create a pre-departure checklist covering licence status, equipment inventory (with prohibited items removed), measurement tools and protocols, hookah season/notice status, written permissions for night-time diving if any, logbook readiness, and copies of relevant CEO notices.
• Train crew on measurement exactitude under s 9 and on the practical meaning of "implement held in the person’s hand at all times" in s 10(2). For borderline cases, avoid engaging in disputed captures by releasing suspiciously sized individuals immediately and documenting the release.

In sum, compliance is a function of licence diligence, operational hygiene on methods and equipment, evidence-based measurement and record-keeping, and active monitoring of CEO and PZJA notices that can change the legal entitlement to fish. Because many operative rules are contingent on external instruments (the Management Plan, CEO determinations and PZJA publications), a compliance programme must be dynamic and centralised to ensure timely reaction to legal changes.