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| Commonwealth Fisheries Act | |
|---|---|
| Name | Commonwealth Fisheries Act |
| Long title | An Act relating to the conservation and sustainable use of fisheries resources |
| Enacted by | Parliament of Australia |
| Territorial extent | Australia and Australian fishing zones |
| Royal assent | 1991 |
| Status | amended |
Commonwealth Fisheries Act is federal legislation establishing a statutory framework for the management, conservation, and sustainable use of fisheries resources within Australian jurisdictional waters and the Australian Fishing Zone. The Act coordinates regulatory authority among agencies such as the Australian Fisheries Management Authority, sets principles for resource allocation consistent with international instruments like the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity, and provides powers for enforcement similar to those in statutes such as the Environment Protection and Biodiversity Conservation Act 1999. It shapes interactions among stakeholders including the Commonwealth of Australia, state and territory governments, industry bodies, and Indigenous organisations.
The Act creates a legal basis for regulating fishing activities in Commonwealth waters, implementing conservation objectives found in instruments such as the Ramsar Convention, the International Convention for the Regulation of Whaling, and obligations under the World Trade Organization where they intersect with fisheries management. It authorises the establishment of management plans, permits, and quota systems administered by agencies like the Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry (Australia). The statute is designed to balance commercial interests represented by bodies such as the Australian Fisheries Industry Council with conservation priorities championed by organisations like the Australian Conservation Foundation and the World Wildlife Fund Australia.
The legislative origins trace to shifts in maritime jurisdiction marked by the adoption of the United Nations Convention on the Law of the Sea and the declaration of the Australian Fishing Zone in preceding decades. Parliamentary debates in the Parliament of Australia and inquiries by committees including the House of Representatives Standing Committee on Environment and Heritage influenced its shape. The Act has been revised following policy reviews led by ministers such as the Minister for the Environment (Australia) and administrations including the Howard government and the Rudd government, reflecting changing priorities after events like the Northwest Shelf fisheries developments and scientific findings from institutions such as the CSIRO.
The statute provides for the creation of fisheries management plans, licensing regimes, quota allocation schemes, and observer and reporting requirements paralleling measures in regional instruments like the Convention on the Conservation of Antarctic Marine Living Resources. Administrative powers include issuing directions, conducting inspections, and imposing closures akin to provisions under the Fisheries Management Act 1994 (New South Wales) in intergovernmental coordination. It mandates incorporation of science from bodies such as the Australian Bureau of Agricultural and Resource Economics and Sciences into decision-making, and contemplates international cooperation through arrangements with neighbours like Indonesia and agencies such as the Secretariat of the Pacific Community.
Management approaches within the Act embrace quota-based systems, harvest strategies, gear restrictions, spatial closures including marine reserves designated under frameworks like the Great Barrier Reef Marine Park Authority, and bycatch mitigation measures aligned with standards from the Food and Agriculture Organization of the United Nations. The law supports recovery plans for threatened species listed under instruments comparable to the Environment Protection and Biodiversity Conservation Act 1999 and intersects with regional fisheries management organisations such as the Indian Ocean Tuna Commission and the Commission for the Conservation of Southern Bluefin Tuna. Scientific input from institutions such as the Australian Institute of Marine Science underpins measures addressing stock assessment and ecosystem-based management.
Enforcement mechanisms include authorised officer powers, vessel boardings, seizure of gear, and administrative sanctions enforced by agencies including the Australian Fisheries Management Authority and the Australian Federal Police when offences overlap criminal matters. Penalties range from infringement notices to significant fines and licence suspensions, with prosecutions heard in courts such as the Federal Court of Australia and appeals to tribunals like the Administrative Appeals Tribunal (Australia). The Act enables cooperation with international enforcement partners including the Interpol and regional partners involved in joint operations to counter illegal, unreported and unregulated fishing such as arrangements with the Pacific Islands Forum.
Provisions affect Indigenous fishers represented by organisations like the National Native Title Tribunal and the Aboriginal and Torres Strait Islander Commission in relation to native title rights recognised under the Native Title Act 1993. The Act has influenced commercial sectors including purse seine, longline, and trawl fleets represented by groups such as the Seafood Industry Australia and regional associations like the Tasmanian Seafood Industry Council, shaping quota allocations, access agreements, and co-management arrangements. Intersections with social policy have provoked engagement from the Australian Human Rights Commission and advocacy by Indigenous corporations such as the Cape York Land Council over equitable participation and traditional practice protections.
The Act has been amended through parliamentary instruments and ministerial initiatives under administrations such as the Gillard government and the Turnbull government, responding to judicial interpretations in major cases before the High Court of Australia and the Federal Court of Australia. Notable litigation has addressed issues of jurisdiction, native title intersection, and the scope of environmental obligations heard in matters involving parties including environmental NGOs like the Australian Conservation Foundation and industry claimants such as corporate fishery operators. International dispute settings, for example those involving the Commission for the Conservation of Southern Bluefin Tuna, have also informed amendments and policy shifts.
Category:Fisheries legislation of Australia