(1) The Governor - General may, by Proclamation, declare an area of waters specified in the Proclamation that is adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty to be an area outside but near the Protected Zone for the purposes of the performance, in the course of commercial fishing, of any activity that is included in a class of activities by way of commercial fishing specified in the Proclamation.
(2) The Governor - General may, if he or she is satisfied that traditional inhabitants who are citizens of Papua New Guinea had, before the entry into force of the Torres Strait Treaty, customarily engaged in traditional fishing in an area of waters adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty, by Proclamation, declare that area to be an area in the vicinity of the Protected Zone for the purposes of this Act.
(3) The Governor - General shall not make a Proclamation under subsection (1) or (2) in relation to an area that is wholly or partly within the coastal waters of Queensland unless the Governor - General is satisfied that the Minister and the Queensland Minister have agreed that the Proclamation be made in relation to that area.
(4) In subsection (3):
"coastal waters of Queensland" means:
(a) the parts of the territorial sea of Australia that are adjacent to Queensland, other than any part referred to in subsection 4(2); and
(b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia referred to in paragraph (a) but are not within the limits of Queensland.
"Queensland Minister" has the same meaning as in Part V.