OCS - Shark

COMMONWEALTH OF AUSTRALIA GAZETTE

NO. GN 9, 7 MARCH 2001
Arrangement between the Commonwealth and State of Victoria in relation to the fishery for school and gummy shark to be managed under Commonwealth law in waters relevant to Victoria

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

WHEREAS

(a)   Part 5 of the Fisheries Management Act 1991 of the Commonwealth (The Management Act) provides for cooperation with the States and Northern Territory in the management of fisheries;

(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)   Part 2, Division 1 of the Fisheries Act 1995 of Victoria (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 this 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.

1. This arrangement will come into effect on gazettal in the Commonwealth of Australia Gazette.
2. The fishery to which this Arrangement applies is activities by way of commercial fishing in all waters relevant to Victoria within the area described in clause 3 of this Arrangement, for School shark (Galeorhinus galeus) and Gummy shark (Mustelus antarcticus) but not including the taking, by way of by-catch, of these fish in accordance with a licence or other authority granted by the State in respect of another fishery.
3. This Arrangement applies to waters relevant to Victoria, being the area of water 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 143° 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 140° 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;

excluding the following marine protected or aquaculture areas;

• 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;
• the area known as Wilson 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;
• 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;
• 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 7 February 1979); and
• the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979 (Victoria Government Gazette, No. 11, dated 7 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).
• Without affecting the construction which this Arrangement would have if no provision of this Arrangement or part thereof is valid, it is the intention of this Arrangement that if any provision of this Arrangement of 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, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of subsection 74(1) of the Fisheries Management Act 1991, approve this instrument.

Dated: 22 February 2001          

Governor-General

By His Excellency's Command

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

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 1995, hereby approve this agreement.

Dated: 2000

Governor

STEVE BRACKS MP

Premier of Victoria