find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Super trawler nets fisheries law review

Super trawler nets fisheries law review

A major review of fisheries legislation over the next three months aims to clarify the extent of ministers’ rights to take precautionary measures, following the ban from Australian waters of super trawler the Abel Tasman.

A major review of fisheries legislation over the next three months aims to clarify the extent of ministers’ rights to take precautionary measures, following the ban from Australian waters of super trawler the Abel Tasman.

Professor Warwick Gullett, director of the Australian National Centre for Ocean Resources and Security, welcomed the announcement of the review by Fisheries Minister Joe Ludwig.

"We do have a lot of uncertainty about the precautionary principle itself, and so if there’s going to be further articulation in the law about the parameters of that right that will be much better for the fishing industry to be sure about the manner in which decisions are going to be made,” said Gullet.

Seafish Tasmania, the company that wants to operate Abel Tasman, has vowed to fight the ban that stops it fishing in Australian waters for up to two years while further scientific research is carried out on its environmental impact.

Legislation passed through the Senate on Wednesday morning (19 September) amended the Environment Protection and Biodiversity Conservation (ECBP) Act to allow for wider ministerial discretion on commercial fishing in response to the super trawler’s arrival.

Essentially, if the fisheries minister and the environment minister agree there is environmental uncertainty there is now a pathway to temporarily stop commercial fishing activity, explained Gullett.

Seafish Tasmania’s director Gerry Geen has indicated the company is seeking legal advice, but Gullett said the operator would face an uphill battle given the courts are generally deferential to departmental and ministerial interpretations of terms.

“Their starting points for working out what the legal standard would be, would be what the [ministers] have decided and they’ll go back to the purpose of this Act and go through the second reading speeches and they’ll realise the Parliament was trying to give both ministers quite broad discretion to determine circumstances in which a fishing prohibition should be implemented.”

Critics of the legislation argue the term ‘uncertainty’ provides open slather for the ministers to ban commercial fishing activity, even in the face of scientific and quota approval.

Gullet said he hopes the review will clarify the extent of ministerial powers to exercise the precautionary principle and allow for greater transparency on how their decisions will be made, “rather than just basing any decision on uncertainty”.

That will give greater confidence to environmentalists as well as the fishing industry, he said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Super trawler nets fisheries law review
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Jackie Rhodes
Dec 12 2017
Report sheds light on LGBTQI inclusion in law firms
A recent report has revealed the varying perceptions on LGBTQI diversity and inclusion in the Austra...
Women in business
Dec 12 2017
Annabel Crabb headlines Women in Business Forum
Political journalist Annabel Crabb has appeared at the Coleman Greig Lawyers Women in Business Forum...
Dec 11 2017
Warm welcome for new district court judges
Three practitioners who were appointed as district court judges in WA have been congratulated by ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...