Modernising Tasmania's Fisheries Legislation
The Tasmanian Government is reviewing the Living Marine Resources Management Act 1995 (LMRMA).
Ensuring long-term sustainability is the overarching objective in managing Tasmania’s commercial and recreational fisheries, however, there are questions about how well this is articulated in the legislation, particularly with respect to social and economic dimensions. The LMRMA has not been subject to any major review or strategic consideration of its effectiveness in the past 25 years.
The review includes a consideration of:
- Sustainability: The extent to which the sustainability objectives of the Act are being achieved;
- Decision-making processes: The extent to which the Act provides a sound framework for living marine resource management in Tasmania;
- Fisheries management: The extent to which the Act aligns with current best practice fisheries and marine resource management principles (compared to other Australian and international jurisdictions); and
- Future challenges: The extent to which the Act is flexible and prepares Tasmania for future risks and challenges associated with the marine environment.
The key aspect of this review is to engage and hold discussions with all sectors of harvest, conservation, Aboriginal Tasmanian fishing communities, research and the wider community to further understand their interactions with the Act and the opportunities for the future.
Further information about the background, scope and purpose of the review can be found in the Frequently Asked Questions below.
Timeline
Completed actions
Release and consultation on a Discussion Paper
| February - March 2022
|
Summary report released
| October 2022
|
Upcoming actions
The Tasmanian Government will be considering issues raised in determining any future fisheries reforms, and a decision on the way forward for the review is being determined by the Tasmanian Government.
Discussion Paper
A Discussion Paper was open for comment from February - March 2022. The Discussion Paper was prepared to outline the current provisions of the Act, how it functions and is administered by the Department.
LMRMA Review - Discussion Paper (PDF 4Mb)
LMRMA Review - Discussion Paper Summary (PDF 121Kb)
Submissions on Discussion Paper
LMRMA Review-Submissions on Discussion Paper (PDF 461Kb)
33 submissions were received, including 10 oral submissions from members of the Tasmanian Aboriginal Community.
Submission Name
| Submission Number (Organisation or Individual)
| Date Received
|
| 01 |
Geoff Kelleher
| 10/02/2022 |
| 02, 03, 04, 05, 06, 07, 08, 09, 10, 12 | Aboriginal Tasmanian Communities oral submissions (10 received – all confidential) | |
| 11 |
Rex Tas Pty Ltd | 24/03/2022 |
| 13 |
Tasmanians for Marine Parks | 28/03/2022 |
| 14 |
Tas Independent Science Council | 14/04/2022 |
| 15 |
Tasmanian Alliance for Marine Protection (TAMP) | 29/03/2022 |
| 16 |
Tasmanian Rock Lobster Fishers Association (TRLFA) | 30/03/2022 |
| 17 | Huon Aquaculture Company | 30/03/2022 |
| 18 |
Environmental Defenders Office Tasmania (EDO Tas)
| 31/03/2022 |
| 19 |
Tasmanian Abalone Council (TAC) | 31/03/2022 |
| 20 |
Oysters Tasmania
| 31/03/2022 |
| 21 |
Avril Brown
| 31/03/2022 |
| 22 |
Tasmanian Amateur Sea Fisherman’s Association (TASFA) | 31/03/2022 |
| 23 |
Australian Marine Conservation Society (AMCS) | 31/03/2022 |
| 24 | The Australia Institute | 31/03/2022 |
| 25 | Tasmanian Conservation Trust Inc
| 31/03/2022 |
| 28 |
Tasmanian Salmon Growers Association (TSGA) | 31/03/2022 |
| 29 |
Bob Brown Foundation | 31/03/2022 |
| 30 | Pennicott Wilderness Journeys | 08/04/2022 |
| 31 |
Tasmanian Seafood Industry Council (TSIC) | 08/04/2022 |
| 32 |
TARFish | 21/04/2022 |
| 33 |
Tasmanian Regional Aboriginal Communities Alliance (TRACA) | 19/05/2022 |
| 26, 27 |
Confidential (two received)
| |
Terms of reference
Living Marine Resources Management Act Review Terms of Reference (PDF 284Kb)
Please note that the terms of reference has not been updated to reflect the new timeframes of the review.
Frequently Asked Questions
What is the
Living Marine Resources Management Act 1995?
The Living Marine Resources Management Act 1995, or the LMRMA, is the principal Act to promote the sustainable management of living marine resources in Tasmania. Under the LMRMA there are 11 pieces of subordinate legislation that include regulations, fisheries management plans and rules that set out more detailed provisions for management of the marine resources sector.
What is the purpose of the review?
The purpose of the review is to support the Government’s Seafood Industry Growth and Recovery Plan, announced in the 2020-21 budget, under the Government’s COVID-19 Response and Recovery Measures. The review provides the opportunity to:
- Strategically consider if Tasmania’s marine resource management regime meets the objectives of achieving sustainable development and aligns with current best practice fisheries and marine resource management principles;
- Canvas the views of stakeholders on their experience with administration of the current Act and their views on the future of marine resource management in Tasmania; and
- Propose to Government a future pathway to modernise the legislative regime that achieves desired marine resources management objectives.
The key aspect of this review is to engage and hold discussions with all sectors of harvest, conservation, Aboriginal Tasmanian fishing communities, research and the wider community to further understand their interactions with the Act and the opportunities for the future.
What is the scope of the review?
The scope and objectives of the Review are set out in the
Terms of Reference. The focus of the review is providing best possible legal framework for all fisheries and marine resource management.
The Terms of Reference for the Review have not changed, however there has been one change to the Steering Committee with Ms Emma Lee finishing her role at NRE Tas and leaving the Committee.
Has the LMRMA been reviewed previously?
The LMRMA has never been subject to major review or strategic consideration of its effectiveness over the past 25 years. Amendments to marine farming arrangements in 2017 and current proposed digital processes amendments are the most substantive revisions to the legislation since it came into force in May 1996.
Who does the review affect?
Broadly speaking, the legislation impacts all Tasmanian residents, with particular relevance to the commercial harvest sectors, recreational sea fishers, aquatic eco-tourism and charter sectors, Aboriginal fishers, conservation groups, marine research and fisheries monitoring institutes and organisations.
Will the review mean changes to the legislation?
The key output of the review will be a White Paper which will inform future directions on the LMRMA.
It will be for the Government to consider what the response to the recommendations from the review may be, and in what timeframe they may be implemented.
Why are Marine Protected Areas out of scope for the review?
Marine Protected Areas are predominantly declared under the Nature Conservation Act 2002. The Government has an existing policy of no new marine protected areas. This policy is not open for consideration in this Review. The legislative framework for achieving the objectives of the Act is open for consideration.
Why is the Abalone Deed out of scope for the review?
The Abalone Deed is out of scope as these are private contracts that exist outside of the LMRMA.