Australian and New Zealand Maritime Law Journal

2010: Conference Proceedings
Articles

An Aspect of Fishing Management on the Continental Shelf outside the Australian Fishing Zone

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  • Paul A. Willee RFD QC

Published 2010-10-13

Keywords

  • fisheries management,
  • continental shelf,
  • Australian fishing zone,
  • fisheries,
  • exclusive economic zone,
  • Australian Fisheries Management Authority,
  • Fisheries Management Act 1991 (Cth),
  • illegal fishing,
  • UNCLOS 1982,
  • freedom of navigation,
  • foreign fishing boat,
  • fisheries power,
  • forfeiture
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Abstract

In this paper, Willee discusses the topic of fisheries management, focusing in particular on the case Muslimin v R (2009) NTCCA 3 and subsequent appeals , which consider several provisions of the Fisheries Management Act 1991 (Cth). These provisions, Willee states, have enabled the expansion of enforcement operations into new areas, which in due course has led to challenges in relation to whether the 1991 Act actually authorised those expanded operations.

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