Commonwealth Consolidated Acts

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TORRES STRAIT FISHERIES ACT 1984 - SECT 5

Application of Act in certain waters

  (1)   Subject to subsection   (2), nothing in this Act affects any activities by way of fishing within the Protected Zone coastal waters of Queensland.

  (2)   Where there is in force an arrangement under Part   V that provides that a particular fishery, being a fishery that is so defined that it is or may be carried on wholly or partly within the Protected Zone coastal waters of Queensland, is to be managed in accordance with the law of the Commonwealth, this Act applies to and in relation to those waters to the extent necessary for the purposes of the management of that fishery.

  (3)   Where there is in force a Proclamation under subsection   15(1) in relation to an area (in this subsection referred to as the relevant area ) in relation to a class of activities by way of commercial fishing, this Act does not apply in relation to any activities carried on in the relevant area other than:

  (a)   activities included in the class of activities specified in the Proclamation; or

  (b)   if there is in force a Proclamation under subsection   15(2) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area--activities to which this Act applies by virtue of the last - mentioned Proclamation.

  (4)   Where there is in force a Proclamation under subsection   15(2) in relation to an area (in this subsection referred to as the relevant area ), this Act does not apply in relation to any activities carried on in the relevant area other than:

  (a)   activities by way of traditional fishing; or

  (b)   if there is in force a Proclamation under subsection   15(1) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area--activities to which this Act applies by virtue of the last - mentioned Proclamation.



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