Offshore Constitutional Settlement

NO. S436, FRIDAY 31 OCTOBER 1997
SPECIAL

Arrangement between the Commonwealth and State of Victoria in relation to the trawl fishery to be managed under state law in waters relevant to Victoria

An ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) of the one part and the State of Victoria (the State) of the other part.

WHEREAS-

(a) Part 5 of the Commonwealth of Australia Gazette of the Commonwealth (the Management Act), which provides for co-operation with the States and Northern Territory in the management of fisheries, commenced on 3 February 1995 upon the ceasing to have effect of Part IVA of the Fisheries Act 1952 of the Commonwealth;

(b) paragraph 72(b) of the Management Act provides that the Commonwealth may make an arrangement with a State with respect to a particular fishery in waters relevant to the State, not being a fishery to which an arrangement under section 71 applies, that the fishery (being a fishery wholly or partly in waters on the seaward side of the coastal waters of the State) is to be managed in accordance with the law of the State;

(c) no arrangement has been entered into under section 71 of the Management Act with respect to the fishery for which this Arrangement provides;

(d) subsection 74(1) of the Management Act provides that an arrangement under, inter alia, paragraph 72(b) is to be made by instrument approved by the Governor-General and the Governor or Governors of the State or States concerned;

(e) subsection 9H(l) of the Fisheries Act 1968 (the State Act) empowers the State to make, in accordance with section 74 of the Management Act, an arrangement referred to in section 71 or 72 of the Management Act for the management of a particular fishery;
(f) both the Commonwealth and the State are desirous of exercising their powers to make an Arrangement in relation to the fishery referred to in clause 2 of this Arrangement; and

(g) it is intended that the Minister responsible for administering the Management Act and the Minister responsible for administering the State Act will agree in writing to the maximum quantity of fish, the subject of clause 2 and of clause 3 of this Arrangement, that may be taken by way of bycatch from time to time in accordance with a licence or other authority referred to in those clauses and on matters of mutual interest in relation to the fishery.

NOW THEREFORE, in pursuance of the Management Act and the State Act and of all other powers so enabling, it is mutually arranged as follows:

This Arrangement commences at 0.00 hours on 1 November 1997.

The fishery to which this Arrangement applies is all activities by way of fishing in all waters relevant to Victoria described in clause 4 of this Arrangement for the following when taken by the method known as trawling (including but not limited to board trawling, midwater or pelagic trawling and Danish seining):

(a)	Bay bug	Family Scyllaridae
	Eastern king prawn	Penaeus plebejus
	Giant crab	Pseudocarcinus gigas
	Sand crab	Portunus pelagicus
	School prawn	Metapenaeus macleayi

(b)	Abalone	Family Haliotidae
	Rock lobster	Family Palinuridae

but not including the taking, by way of bycatch, of the fish referred to in paragraph (a) in accordance with a fishing concession granted by the Australian Fisheries Management Authority under the Management Act in respect of another fishery.

The fishery to which this arrangement applies also includes the taking, in all waters relevant to Victoria within the area described in clause 4 of this arrangement, offish (other than the fish referred to in clause 2), by way of by catch, in the exercise of a right conferred by a licence or other authority granted by the State in respect of the fishery described in clause 2, except for:

Billfish Families - Istiophoridae & Xiphiidae
Northern bluefin tuna - Thunnus thynnus
Southern bluefin tuna - Thunnus maccoyii
This Arrangement applies to the area of waters bounded by the line:
(a) commencing at the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria;
(b) running south easterly along the geodesic toward a point of Latitude 37° 35' South, Longitude 150° 10' East to its intersection with a line parallel to and 3 nautical miles distant from the coastline at mean low water; and
(c) from there along that line to its intersection with the geodesic which is a continuation of the landward boundary between the States of New South Wales and Victoria; and
(d) from there south easterly along the geodesic to its intersection by the outer limit of the Australian fishing zone; and

(e) from there generally southerly along that outer limit to its intersection with the parallel of Latitude 39° 12' South; and
(f) from there westerly along the parallel to its intersection by the meridian of Longitude 143º 40' East; and
(g) from there southerly along the meridian to the parallel of Latitude 400 00' South; and
(h) from there westerly along the parallel to its intersection by the meridian of Longitude 1400 57.9' East; and
(i) from there northerly along that meridian to its intersection with 'the coastline at mean low water; and
(j) from there along the coastline of the State of Victoria at mean low water to the point of commencement;
but does not include the following marine protected areas:
(k) the area known as Wilsons Promontory Marine Reserve as described in Part 1 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(l) the area known as Wilsons Promontory Marine Park as described in Part 2 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(m) the area known as Bunurong Marine Park as described in Part 7 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(n) the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979); and
(o) the area known as Harold Holt Marine Reserves (point Lonsdale Reserve) as proclaimed by the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979).
The fishery is to be managed in accordance with the law of Victoria.
The origin of geographical coordinates used in this Arrangement is the Australian Geodetic Datum 1966 (AGD66).
Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is invalid, it is the intention of this Arrangement that if any provision of this Arrangement or part thereof is invalid, the remainder of that provision and of this Arrangement shall be construed as if that provision or part thereof was not included in this Arrangement even if the result is to extend the fishery described by this Arrangement.
Unless the contrary intention is indicated, words used in this Arrangement shall have the same meaning as in the Management Act.

I, WILLIAM PATRICK DEANE, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of subsection 74(1) of the Commonwealth of Australia Gazette, hereby approve this instrument.

Dated 29 October 1997
Governor-General

By His Excellency's Command
Minister for Resources and Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, acting by and with the advice of the Premier in pursuance of the provisions of the Fisheries Act 1968, hereby approve this instrument.

Dated: 14 October 1997
Governor

Arrangement between the Commonwealth and State of Victoria in relation to the trawl fishery to be managed under Commonwealth law in waters relevant to Victoria

An ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) of the one part and the State of Victoria (the State) of the other part.

WHEREAS-

(b) paragraph 72(a) of the Management Act provides that the Commonwealth may make an arrangement with a State with respect to a particular fishery in waters relevant to the State, not being a fishery to which an arrangement under section 71 applies, that the fishery (being a fishery wholly or partly in the coastal waters of the State) is to be managed in accordance with the law of the Commonwealth;

(c) no arrangement has been entered into under section 71 of the Management Act with respect to the fishery for which this Arrangement provides;

(d) subsection 74(1) of the Management Act provides that an arrangement under, inter alia, paragraph 72(a) is to be made by instrument approved by the Governor-General and the Governor or Governors of the State or States concerned;

(e) subsection 9H(I) of the Fisheries Act 1968 (the State Act) empowers the State to make, in accordance with the Management Act, an arrangement referred to in section 71 or 72 of the Management Act for the management of a particular fishery;

(f) both the Commonwealth and the State are desirous of exercising their powers to make an Arrangement in relation to the fishery referred to in clause 2 of this Arrangement; and

(g) it is intended that the Minister responsible for administering the Management Act and the Minister responsible for administering the State Act will agree in writing to the maximum quantity of fish, the subject of clause 2 of this Arrangement, that may be taken by way of by catch from time to time in accordance with a licence or other authority referred to in those clauses and on matters of mutual interest in relation to the fishery.

NOW THEREFORE, in pursuance of the Management Act and the State Act and of all other powers so enabling, it is mutually arranged as follows:

This arrangement commences at 0.00 hours on I November 1997.

The fishery to which this Arrangement applies is all activities by way of fishing in all waters relevant to Victoria described in clause 3 of this Arrangement for all species taken by the method known as trawling (including but not limited to board trawling, midwater or pelagic trawling and Danish seining) except for:

(a)	Bay bug	Family Scyllaridae
	Eastern king prawn	Penaeus plebejus
	Giant crab	Pseudocarcinus gigas
	Sand crab	Portunus pelagicus
	School prawn	Metapenaeus macleayi
	Abalone	Family Haliotidae
	Rock lobster	Family Palinuridae

(b) the taking, by way of by catch, ofibe fish to which this Arrangement applies when taken by the method known as trawling in accordance with a licence or other authority granted by the State in respect of a fishery for the species listed in subclause 2(a).

This Arrangement applies to the area of waters bounded by the line:
(a) commencing at the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria;
(b) running south easterly along the geodesic toward a point of Latitude 37° 35' South, Longitude 150° 10' East to its intersection with a line parallel to and 3 nautical miles distant 'from the coastline at mean low water; and
(c) from there along that line to its intersection with the geodesic which is a continuation of the landward boundary between the States of New South Wales and Victoria; and
(d) from there south easterly along the geodesic to its intersection by the outer limit of the Australian fishing zone; and
(e) from there generally southerly along that outer limit to its intersection with the parallel of Latitude 39° 12' South; and
(f) from there westerly along the parallel to its intersection by the meridian of Longitude 1430 40' East; and
(g) from there southerly along the meridian to the parallel of Latitude 40° 00' South; and
(h) from there westerly along the parallel to its intersection by the meridian of Longitude 1400 57.9' East; and
(i) from there northerly along that meridian to its intersection with the coastline at mean low water; and
(j) from there along the coastline of the State of Victoria at mean low water to the point of commencement;
but does not include the following marine protected areas:
(k) the area known as Wilsons Promontory Marine Reserve as described in Part 1 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(l) the area known as Wilsons Promontory Marine Park as described in Part 2 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(m) the area known as Bunurong Marine Park as described in Part 7 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(n) the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979); and
(o) the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed by the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979).
The fishery is to be managed in accordance with the law of Commonwealth.
The origin of geographical coordinates used in this Arrangement is the Australian Geodetic Datum 1966 (AGD66).
Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is invalid, it is the intention of this Arrangement that if any provision of this Arrangement or part thereof is invalid, the remainder of that provision and of this Arrangement shall be construed as if that provision or part thereof was not included in this Arrangement even if the result is to extend the fishery described by this Arrangement.
Unless the contrary intention is indicated, words used in this Arrangement shall have the same meaning as in the Management Act.

I. WILLIAM PATRICK DEANE. THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of subsection 74(1) of the Commonwealth of Australia Gazette, hereby approve this instrument.

Dated 29 October 1997
Govemor-General

By His Excellency's Command
Minister for Resources and Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, acting by and with the advice of the Premier in pursuance of the provisions of the Fisheries Act 1968, hereby approve this instrument.

Dated: 14 October 1997
Governor

Arrangement between the Commonwealth and State of Victorla in relation to the fishery for finfish to be managed under state law in waters relevant to Victoria

An ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) of the one part and the State of Victoria (the State) of the other part.

WHEREAS-

(a) Part 5 of the Commonwealth of Australia Gazette of the Commonwealth (the Management Act), which provides for co-operation with the States and Northern Territory in the management of fisheries, commenced on 3 February 1995 upon the ceasing to have effect of part IVA of the Fisheries Act 1952 of the Commonwealth;

(b) paragraph 72(h) of the Management Act provides that the Commonwealth may make all arrangement with a State with respect to a particular fishery in waters relevant to the State, not being a fishery to which an arrangement under section 71 applies, that the fishery (being a fishery wholly or partly in waters on the seaward side of the coastal waters of the State) is to be managed in accordance with the law of the State;

(c) no arrangement has been entered into under section 71 of the Management Act with respect to the fishery for which this Arrangement provides;

(d) subsection 74(1) of the Management Act provides that an arrangement under, inter alia, paragraph 72(h) is to be made by instrument approved by the Governor-General and the Governor or Governors of the State or States concerned;

(e) subsection 9H(1) of the Fisheries Act 1968 (the State Act) empowers the State to make, in accordance with section 74 of the Management Act, an arrangement referred to in section 71 or 72 of the Management Act for the management ofa particular fishery;

(f) both the Commonwealth and the State are desirous of exercising their powers to make an Arrangement in relation to the fishery referred to in clause 2 of this Arrangement; and

(g) it is intended that the Minister responsible for administering the Management Acland the Minister responsible for administering the State Act will agree in writing to the maximum quantity offish, the subject of clause 2 and of clause 3 of this Arrangement, that may be taken by way of bycatch from ti!l1e to time in accordance with a licence or other authority referred to in those clauses and on matters of mutual interest in relation to the fishery.

NOW THEREFORE, in pursuance of the Management Act and the State Act and of all other powers so enabling, it is mutually arranged as follows:

This Arrangement commences at 0.00 hours on 1 November 1997.

The fishery to which this Arrangement applies is all activities by way of fishing in all Waters relevant to Victoria described in clause 4 of this Arrangement for the following fish by all methods of fishing other than trawling (including but not limited to board trawling, midwater or pelagic trawling and Danish seining):

(a)	Australian anchovy	Engraulis auslralis
	Australian salmon	Genus Arripis
	Barracouta	Thyrisites atun
	Blue sprat	Spratelloides robustus
	King George whiting	Sillaginodes punctata
	Leatherjacket, all species	Family Monocanthidae
	Pilchard	Sardinops neopilchardus
	Snapper	Pagrus auratus
	Sprat	Clupea bassensis
	Striped trumpeter	Latris lineata
	Wrasses, all species	Family Labridae
	Yellowtail kingfish	Seriola lalandi

but not including the taking, by way of bycatch, of the fish referred to above in accordance with a fishing concession granted by the Australian Fisheries Management Authority under the Management Act in respect of another fishery nor all activities by way of fishing, in all waters relevant to Victoria described in clause 4 of this arrangement for the genera/species Emmelichthyes, Trachurus, Sardinops, Clupea, Engraulis and Scomber australasicus for the purposes of bait by the holder of a fishing concession granted by AFMA in respect of tuna and tuna-like species with one or more of the following types of fishing gear:

(i) Lampara net;
(ii) lift net;
(iii) small scale purse seine.

(b) Flathead, all species Family Platycephalidae Silver trevally Pseudocaranx dentex School whiting Sillago flindersi up to a total combined whole weight per annum of 100 tonnes.

The fishery to which this arrangement applies also includes, in all waters relevant to Victoria described in clause 4 of this arrangement the taking offish (other than the fish referred to in clause 2), by way of bycatch, in the exercise of a right conferred by a licence or other authority granted by the State in respect of the fishery described in clause 2, except for:

Black oreo	Allocyttus niger
Billfish	Families Istiophoridae & Xiphiidae
King dory	Cyttus traversi
Northern bluefin tuna	Thunnus thynnus
Orange roughy	Hoplostethus atlanticus
Ox-eye oreo	Oreosoma atlanticum
Smooth oreo	Pseudocyttus maculatus
Southern bluefin tuna	Thunnus maccoyii
Spiky oreo	Neocyttus rhomboidalis
Warty oreo	Allocyttus verrucosus

This Arrangement applies to the area of waters bounded by the line:
(a) commencing at the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria;
(b) running south easterly along the geodesic toward a point of Latitude 370 35' South, Longitude 1500 10' East to its intersection with a line parallel to and 3 nautical miles distant from the coastline at mean low water; and
(c) from there along that line to its intersection with the geodesic which is a continuation of the landward boundary between the States of New South Wales and Victoria; and
(d) from there south easterly along the geodesic to its intersection by the outer limit of the Australian fishing zone; and
(e) from there generally southerly along that outer limit to its intersection with the parallel of Latitude 390 12' South; and
(f) from there westerly along the parallel to its intersection by the meridian of Longitude 1430 40' East; and
(g) from there southerly along the meridian to the parallel of Latitude 400 00' South; and
(h) from there westerly along the parallel to its intersection by the meridian of Longitude 1400 57.9' East; and
(i) from there northerly along that meridian to its intersection with the coastline at mean low water; and
(j) from there along the coastline of the State of Victoria at mean low water to the point of commencement;
but does not include the following marine protected areas:
(k) the area known as Wilsons Promontory Marine Reserve as described in Part I Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(l) the area known as Wilsons Promontory Marine Park as described in Part 2 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(m) the area known as Bunurong Marine Park as described in Part 7 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(n) the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. 11, dated 7th February 1979); and
(o) the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed by the Harold Holt Marine Reserves Proclamation 1979 (Victoria G6vemment Gazette, No. II, dated 7th February' I 979).
The fishery is to be managed in accordance with the law of Victoria.
The origin of geographical coordinates used in this Arrangement is the Australian Geodetic Datum 1966 (AGD66).
Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is invalid, it is the intention of this Arrangement that if any provision of this Arrangement or part thereof is invalid, the remainder of that provision and of this Arrangement shall be construed as if that provision or part thereof was not included in this Arrangement even if the result is to extend the fishery described by this Arrangement.
Unless the contrary intention is indicated, words used in this Arrangement shall have the same meaning as in the Management Act.

I, WILLIAM PATRlCK DEANE, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of subsection 74(1) of theCommonwealth of Australia Gazette

, hereby approve this instrument.

Dated 29 October 1997
Governor-General

By His Excellency's Command
Minister for Resources and Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, acting by and with the advice of the Premier in pursuance of the provisions of the Fisheries Act 1968, hereby approve this instrument.

Dated: 14 October 1997
Governor

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for finfish to be managed under Commonwealth law in waters relevant to Victoria

An ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) of the one part and the State of Victoria (the State) of the other part.

WHEREAS-

(b) paragraph 72(a) of the Management Act provides that the Commonwealth may make an arrangement with a State with respect to a particular fishery in waters relevant to the State, not being a fishery "to which an arrangement under section 71 applies, that the fishery (being a fishery wholly or partly in the coastal waters of the State) is to be managed in accordance with the law of the Commonwealth;

(c) no arrangement has been entered into under section 71 of the Management Act with respect to the fishery for which this Arrangement provides;

(e) subsection 9H(l) of the Fisheries Act 1968 (the State Act) empowers the State to make, in accordance with the Management Act, an arrangement referred to in section 71 or 72 of the Management Act for the management of a particular fishery;

(f) both the Commonwealth and the State are desirous of exercising their powers to make an Arrangement in relation to the fishery referred to in clause 2 of this Arrangement; and

NOW THEREFORE, in pursuance of the Management Act and the State Act and of all other powers so enabling, it is mutually arranged as follows:

This Arrangement commences at 0.00 hours on 1 November 1997.

The fishery to which this Arrangement applies is all activities by, way of fishing other than trawling (including but not limited to board trawling, midwater or pelagic trawling and Danish seining) for the species listed in subclause 2(a) and all activities by way of fishing for commercial purposes other than trawling for the species listed in subclauses 2(b) and 2(e) in all Waters relevant to Victoria within the area described in clause 4 of this Arrangement for the following fish:

(a) (i)	Albacore tuna	Thunnus alalunga
	Bigeye tuna	Thunnus obesus
	Longtail tuna	Thunnus tonggol
	Skipjack tuna	Katsuwonus pelamis
	Yellowfin tuna	Thunnus albacares
(ii)	Billfish Families	Istiophoridae & Xiphiidae
	Northern bluefin tuna	Thunnus thynnus
	Southern bluefin tuna	Thunnus maccoyii
(b) (i)	Blue-eye trevalla	Hyperoglyphe antarctica
	Blue warehou	Seriolella brama
	Jackass morwong	Nemadactylus macropterus
	John dory	Zeus faber
	Mirror dory	Zenopsis nebulosus
	Ocean perch	Helicolenus spp
	Pink ling	Genypterus blacodes
	Rays bream (or pomfret)	Farnily Bramidae
	Redfish	Centroberyx affinis
	Spotted warehou	Seriolella punctata
	Yelloweye nannygai	Centroberyx australis
(ii)	Bass	Polyprion americanus
	Bass groper	Polyprion moene
	Blackoreo	Allocyttus niger
	Blue grenadier	Macruronus novaezelandiae
	Gemfish	Rexea solandri
	Hapuku	Polyprion oxygeneios
	King dory	Cyttus traversi
	Orange roughy	Hoplostethus atlanticus
	Ox-eye oreo	Oreosoma atlanticum
	Smooth oreo	Pseudocyttus maculatus
	Spiky oreo	Neocyitus rhomboidalis
	Warty oreo	Allocyttus verrucosus

but not including the taking, by way of by catch, of the fish referred to in subparagraph 2(a)(i) and 2(b)(i) above, in accordance with a licence or other authority granted by the State in respect of another fishery

(c) Flathead, all species - Family Platycephalidae
Silver trevally - Pseudocaranx dentex
School whiting - Sillago flindersi

but not including the taking of 100 tonnes total combined whole weight, per annum, of the species referred to above by all persons in accordance with a licence or other authority granted by the State in respect of another fishery.

The fishery to which this arrangement applies also includes:
(a) the taking, in all waters relevant to Victoria described in clause 4 of this arrangement, offish (other than the fish referred to in clause 2), by way of bycatch, in the exercise of a right conferred by a fishing concession granted by the Australian Fisheries Management Authority under the Management Act in respect of the fishery described in clause 2, except for:
Abalone - Family Haliotidae
Rock lobster - Family Palinuridae.
(b) all activities by way of fishing in all waters relevant to Victoria described in clause 4 of this arrangement for the genera/species Emmelichthyes, Trachurus, Sardinops, Clupea, Engraulis and Scomber australasicus for the purposes of bait by the holder of a fishing concession granted by AFMA in respect of tuna and tuna-like species with one or more of the following types of fishing gear:
(i) Lampara net;
(ii) lift net;
(iii) small scale purse seine.
This Arrangement applies to the area of waters bounded by the line:
(a) commencing at the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria;
(b) running south easterly along the geodesic toward a point of Latitude 37º 35' South, Longitude 150º 10' East to its intersection with a line parallel to and 3 nautical miles distant from the coastline at mean low water; and
(c) from there along that line to its intersection with the geodesic which is a continuation of the landward boundary between the States of New South Wales and Victoria; and
(d) from there south easterly along the geodesic to its intersection by the outer limit of the Australian fishing zone; and
(e) from there generally southerly along that outer limit to its intersection with the parallel of Latitude 39º 12' South; and
(f) from there westerly along the parallel to its intersection by the meridian of Longitude 143º 40' East; and
(g) from there southerly along the meridian to the parallel of Latitude 40º 00' South; and
(h) from there westerly along the parallel to its intersection by the meridian of Longitude 140º 57.9' East; and
(i) from there northerly along that meridian to its intersection with the coastline at mean low water; and
(j) from there along the coastline of the State of Victoria at mean low water to the point of commencement;
but does not include the following marine protected areas:
(k) the area known as Wilsons Promontory Marine Reserve as described in Part I Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(l) the area known as Wilsons Promontory Marine Park as described in Part 2 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(m) the area known as Bunurong Marine Park as described in Part 7 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(n) the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979): and
(o) the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed by the Harold Holt Marine Reserves Proclamation 1979 (Victoria Goverrunent Gazette, No. II, dated 7th February 1979).
The fishery is to be managed in accordance with the law of the Commonwealth.
The origin of geographical coordinates used in this Arrangement is the Australian Geodetic Datum 1966 (AGD66).
1. Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is invalid, it is the intention of this Arrangement that if any provision of this Arrangement or part there of is invalid, the remainder of that provision and of this Arrangement shall be construed as if that provision or part thereof was not included in this Arrangement even if the result is to extend the fishery described by this Arrangement.
Unless the contrary intention is indicated, words used in this Arrangement shall have the same meaning as in the Management Act.

I. WILLIAM PATRICK DEANE, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of subsection 74(1) of the Commonwealth of Australia Gazette, hereby approve this instrument.

Dated 29 October 1997
Governor-General

By His Excellency's Command
Minister for Resources and Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, acting by and with the advice of the Premier in pursuance of the provisions of the Fisheries ActI968, hereby approve this instrument.

Dated: 14 October 1997
Governor

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for invertebrates to be managed under state law in waters relevant to Victoria

An ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) of the one part and the State of Victoria (the State) of the other part.

WHEREAS-

(c) no arrangement has been entered into under section 71 of the Management Act with respect to the fishery for which this Arrangement provides;

(d) subsection 74(1) of the Management Act provides that an arrangement under, inter alia, paragraph 72(b) is to be made by instrument approved by the Governor-General and the Governor or Governors of the State or States concerned;

(e) subsection 9H(J) of the Fisheries Act 1968 (the State Act) empowers the State to make, in accordance with section 74 of the Management Act, an arrangement referred to in section 71 or 72 of the Management Act, for the management of a particular fishery;

(f) both the Commonwealth and the State are desirous of exercising their powers to make an Arrangement in relation to the fishery referred to in clause 2 of this Arrangement; and

(g) it is intended that the Minister responsible for administering the Management Act and the Minister responsible for administering the State Act will agree in writing to the maximum quantity of fish, the subject of clause 2 of this Arrangement, that may be taken by way of by catch from time to time in 'accordance with a licence or other authority referred to in those clauses and on matters of mutual interest in relation to the fishery.

NOW THEREFORE, in pursuance of the Management Act and the State Act and of all other powers so enabling, it is mutually arranged as follows:

This Arrangement commences at 0.00 hours on I November 1997.
The fishery to which this Arrangement applies is all activities by way of fishing in all waters relevant to Victoria described in clause 4 of this Arrangement for all invertebrates of Phylum Crustacea, Phylum Mollusca and Phylum Echinodermata when taken by any fishing method other than trawling (including but not limited to board trawling, midwater or pelagic trawling and Danish seining) except for:
(a) prawns of the following species:
Deepwater prawn - Haliporoides cristatus
Red prawn - Aristeomorpha foliacea
Royal red prawn - Haliporoides sibogae
Scarlet prawn - Plesiopenaeus edwardsianus
(b) prawns of the genus Aristeus;
(c) carids of the Family Pandalidae;
(d) squid of the following species:
Arrow squid - Nototodarus gouldi
Red ocean squid - Ommastrephes bartrami
Southern ocean arrow squid - Todarodes filippovae
Yellowback squid - Sthenoieuthis oualaniensis;
(e) scallops Family Pectinidae;
but including fish referred to in paragraph (d) when taken, by way of by catch, in the exercise of a right conferred by a licence or other authority granted by the State.
The fishery to which this arrangement applies excludes the taking, by way of bycatch, of all species of Phylum Crustacea, Phylum Mollusca and Phylum Echinodermata, (except for Abalone (Family Haliotidae), Rock lobster (Family Palinuridae) and Scallops (Family Pectinidae)), in the exercise of a right conferred by a fishing concession granted by the Australian Fisheries Management Authority under the Management Act in respect of another fishery.
1. This Arrangement applies to the area of waters bounded by the line:
(a) commencing at.the intersection oflhe coastline at mean low water by the boundary between the States of New South Wales and Victoria;
(b) running south easterly along the geodesic toward a point of Latitude 37º 35' South, Longitude 1500 10' East to its intersection with a line parallel to and 3 nautical miles distant from the coastline at mean low water; and
(c) from there along that line to its intersection with the geodesic which is a continuation of the landward boundary between the States of New South Wales and Victoria; and
(d) from there south easterly along the geodesic to its intersection by the outer limit of the Australian fishing zone; and
(e) from there generally southerly along that outer limit to its intersection with the parallel of Latitude 39º 12' South; and
(f) from there westerly along' the parallel to its intersection by the meridian of Longitude 143º 40' East; and
(g) from there southerly along the meridian to the parallel of Latitude 400 00' South; and
(h) from there westerly along the parallel to its intersection by the meridian of Longitude 140º 57.9'. East; and
(i) from there northerly along that meridian to its intersection with the coastline at mean low water; and
(j) from there along the coastline of the State of Victoria at mean low water to the point of commencement;
but does not include the following marine protected areas:
(k) the area known as Wilsons Promontory Marine Reserve as described in Part I Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(l) the area known as Wilsons Promontory Marine Park as described in Part 2 Schedule Four of the National Parks Act 1975 of Victoria as at the date of Commencement of this Arrangement;
(m) the area known as Bunurong Marine Park as described in Part 7 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(n) the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979); and
(o) the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed by the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. 11, dated 7th February 1979).
The fishery is to be managed in accordance with the law of Victoria.
The origin of geographical coordinates used in this Arrangement is the Australian Geodetic Datum 1966 (AGD66).
Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is invalid. it is the intention of this Arrangement that if any provision of this Arrangement or part thereof is invalid, the remainder of that provision and of this Arrangement shall be construed as if that provision or part thereof was not included in this Arrangement even if the result is to extend the fishery described by this Arrangement.
Unless the contrary intention is indicated, words used in this Arrangement shall have the same meaning as in the Management Act.

Dated 29 October 1997
Governor-General

By His Excellency's Command
Minister for Resources and Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, acting by and with the advice of the Premier in pursuance of the provisions of the Fisheries Act 1968, hereby approve this instrument.

Dated:14 October 1997
Governor

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for royal red prawns and associated species to be managed under Commonwealth law in waters relevant to Victoria

An ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) of the one part and the State of Victoria (the State) of the other part.

WHEREAS-

(c) no arrangement has been entered into under section 71 of the Management Act with respect to the fishery for which this Arrangement provides;

(e) subsection 9H(I) in Part IA of the Fisheries Act 1968 of Victoria (the State Act) provides that the State may in accordance with section 74 of the Management Act make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery;

(f) both the Commonwealth and the State ate desirous of exercising their powers to make an Arrangement in relation to the fishery referred to in clause 2 of this Arrangement; and

(g) it is intended that the Minister responsible for administering the Management Act and the Minister responsible for administering the State Act will agree in writing to the maximum quantity of fish, the subject of clause 2 and of clause 3 of this Arrangement, that may be taken by way of by catch from time to time in accordance With a licence or other authority referred to in those clauses and on matters of mutual interest in relation to the fishery.

NOW THEREFORE, in pursuance of the Management Act and the State Act and of all other powers so enabling, it is mutually arranged as follows:

This arrangement commences at 0.00 hours on 1 November 1997.
The fishery to which this Arrangement applies is all activities by way of fishing in all waters relevant to Victoria described in clause 4 of this Arrangement for the following invertebrates by all methods of fishing other than trawling (including but not limited to board trawling. midwater or pelagic trawling and Danish seining):
(a) prawns of the following species:
Deepwater prawn - Haliporoides cristatus
Red prawn - Arisleomorpha foliacea
Royal red prawn - Haliporoides sibogae
Scarlet prawn - Plesiopenaeus edwardsianus
(b) prawns of the genus Arisleus; and
(c) carids of the Fami1y Pandalidae.
The fishery to which this arrangement applies also includes the taking, in all waters relevant to Victoria described in clause 4 of this arrangement, offish (other than the fish referred to in clause 2), by way of by catch; in the exercise of a right conferred by a fishing concession granted by the Australian Fisheries Management Authority under the Management Act in respect of that part of the fishery described in clause 2, except for:
Abalone - Family Haliotidae
Rock lobster - Family Palinuridae.
This Arrangement applies to the area of waters bounded by the-line:
(a) commencing at the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria;
(b) running south easterly along the geodesic toward a point of Latitude 37º 35' South, Longitude 150º 10' East to its intersection with a line parallel to and 3 nautical miles distant from the coastline at mean low water; and
(c) from there along that line to its intersection with the geodesic which is a continuation of the landward boundary between the States of New South Wales and Victoria; and
(d) from there south easterly along the geodesic to its intersection by the outer limit of the Australian fishing zone; and
(e) from there generally southerly along that outer limit to .its intersection with the parallel of Latitude 39º 12' South; and
(f) from there westerly along the parallel to its intersection by the meridian of Longitude 143º 40' East; and
(g) from there southerly along the meridian to the parallel of Latitude 40– 00' South; and
(h) from there westerly along the parallel to its intersection by the meridian of Longitude 140º 57.9' East; and
(i) from there northerly along that meridian to its intersection with the coastline at mean low water; and
(j) from there along the coastline of the State of Victoria at mean low water to the point of commencement; but does not include the following marine protected areas:
(k) the area known as Wilsons Promontory Marine Reserve as described in Part I Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(l) the area known as Wilsons Promontory Marine Park as described in Part 2 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(m) the area known as BUhurong Marine Park as described in Part 7 Schedule Four of the National Parks Act 1975 of Victoria as at the date of commencement of this Arrangement;
(n) the area known as Harold Holt Marine Reserves (Point Nopean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979); and
(o) the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed by the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. II, dated 7th February 1979).
The fishery is to be managed in accordance with the law of the Commonwealth.
The ongoing of geographical coordinates used in this Arrangement is the Australian Geodetic Datum 1966 (AGD66).
Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is invalid, it is the intention of this Arrangement that if any provision of this Arrangement or part thereof is invalid, the remainder of that provision and of this Arrangement shall be construed as if that provision or part thereof was not included in this Arrangement even if the result is to extend the fishery described by this Arrangement.
Unless the contrary intention is indicated words used in this Arrangement shall have the same meaning as in the Management Act.

, hereby approve this instrument.

Dated 29 October 1997
Governor-General

By His Excellency's Command
Minister for Resources and Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, in pursuance of the provisions of the Fisheries Act 1968, hereby approve this instrument.

Dated: 14 October 1997
Governor

Instrument of termination of arrangements made between the Commonwealth and the Sstate of Victoria

An INSTRUMENT approved by the Governor-General and the Governor of the State of Victoria.

WHEREAS-

(a) Arrangements were entered into under section 12H(4) of the Fisheries Act 1952 of the Commonwealth between the. Commonwealth and the State of Victoria in relation to the:

(i) Abalone fishery published in the Commonwealth of Australia Gazette No. S109 on 14 April 1988;
(ii) Rock Lobster fishery published in the Commonwealth of Australia Gazette No. S109 on 14 April 1988;
(iii) Tuna fishery published in the Commonwealth of Australia Gazette No. S266 on 6 June 1986;

(b) paragraph 7(4)(b) of the Fisheries Legislation (Consequential Provisions) Act 1991 of the Commonwealth (the Consequential Provisions Act) provides that upon the commencement of Part 5 of theCommonwealth of Australia Gazette of the Commonwealth (the Management Act), any Arrangement made with a State or Territory under subsection 12H (I) or (4) of the Fisheries Act 1952 that was in force immediately before that commencement continues in force as if it had been made under Part 5 of the Management Act;

(c) subsection 75(1) of the Management Act provides that an Arrangement under Division 3 of Part 5 of the Management Act may be terminated by instrument approved by the Governor-General and the Governor or Governors of the State or States concerned; and

(d) subsection 9H(2) in Part 1A of the Fisheries Act 1968 of Victoria (the State Act) provides that an arrangement made by the State of Victoria may be terminated as provided by the Management Act.

NOW THEREFORE in pursuance of the Management Act and the State Act and of all other powers so enabling:

The Arrangements entered into between the Commonwealth and the State of Victoria referred to in paragraph (a) of the recitals to this Instrument are, pursuant to subsection 75(1) of the Management Act and subsection 9H(2) of the State Act, terminated.
This Instrument shall take effect from 0.00 hours on 1 November 1997.

I, WILLIAM PATRICK DEANE, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of subsection 75(1) of theCommonwealth of Australia Gazette

, hereby approve this instrument.

Dated 29 October 1997
Governor-General

By His Excellency's command
Minister for Resources arid Energy

I, JAMES GOBBO, THE GOVERNOR of the State of Victoria, acting by and with the advice of the Premier in pursuance of the provisions of the Fisheries Act 1968, hereby approve this instrument.

Dated: 23 October 1997
Governor

Offshore Constitutional Settlement

NO. S436, FRIDAY 31 OCTOBER 1997
SPECIAL

Arrangement between the Commonwealth and State of Victoria in relation to the trawl fishery to be managed under state law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the trawl fishery to be managed under Commonwealth law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victorla in relation to the fishery for finfish to be managed under state law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for finfish to be managed under Commonwealth law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for invertebrates to be managed under state law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for royal red prawns and associated species to be managed under Commonwealth law in waters relevant to Victoria

WHEREAS-

Instrument of termination of arrangements made between the Commonwealth and the Sstate of Victoria

WHEREAS-

Contact Information

Links

Connect

Offshore Constitutional Settlement

NO. S436, FRIDAY 31 OCTOBER 1997SPECIAL

Arrangement between the Commonwealth and State of Victoria in relation to the trawl fishery to be managed under state law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the trawl fishery to be managed under Commonwealth law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victorla in relation to the fishery for finfish to be managed under state law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for finfish to be managed under Commonwealth law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for invertebrates to be managed under state law in waters relevant to Victoria

WHEREAS-

Arrangement between the Commonwealth and State of Victoria in relation to the fishery for royal red prawns and associated species to be managed under Commonwealth law in waters relevant to Victoria

WHEREAS-

Instrument of termination of arrangements made between the Commonwealth and the Sstate of Victoria

WHEREAS-

Contact Information

Links

Connect

NO. S436, FRIDAY 31 OCTOBER 1997
SPECIAL