Modernising Tasmania's Fisheries Legislation
A Review of the
Living Marine Resources Management Act 1995
The Tasmanian Government committed to reviewing the
Living Marine Resources Management Act 1995 (the LMRMA) in the 2020-21 budget as part of the Seafood Industry Growth and Recovery Plan. This was due to the current legislation's inflexibility in responding to the COVID-19 pandemic which significantly impacted on the fishing sector.
Ensuring long term sustainability is the overarching objective in managing Tasmania’s commercial and recreational fisheries, however, there are increasing questions about how well this is articulated in the legislation, particularly in 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 will provide a White Paper on future options for a modern legislative regime to manage Tasmania's living marine resources.
Terms of Reference:
Living Marine Resources Management Act Review Terms of Reference (PDF 284Kb)
What the Review will consider
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);
Future challenges: The extent to which the Act is flexible and prepares Tasmania for future risks and challenges associated with the marine environment.
Have your say
Your input to the Review will help ensure we continue to protect and manage Tasmanian fisheries and the marine environment.
In late 2021, consultation forums will be held and submissions will be invited on the Discussion Paper from the members of the Key Stakeholder Group. This Group will include representative industry and fishing organisations, environment and community groups. We encourage interested stakeholders to discuss the Review with their representative body.
Public consultation on the White Paper will commence in October 2022. Announcements on consultation forums and submissions will occur closer to the release of the White Paper.
Frequently asked questions
What is the
Living Marine Resources Management Act 1995?
Living Marine Resources Management Act 1995 is the principal Act that promotes the sustainable management of living marine resources in Tasmania. Under the LMRMA, there are 11 pieces of subordinate legislation including regulations, fishery management plans and rules that set out detailed provisions for managing our marine resources.
The Act and its subordinate legislation can be viewed on the
Tasmanian Legislation Website.
Why review the
Living Marine Resources Management Act 1995?
The purpose of the Review is to support the Government’s Seafood Industry Growth and Recovery Plan under the Government’s COVID-19 Response and Recovery Measures.
The Review provides the opportunity to:
- Strategically consider if Tasmania’s marine resource management meets the objectives of achieving sustainable development and aligns with best practice fisheries and marine resource management principles;
- Canvas the views of stakeholders on the current Act and on the future of marine resource management; and
- Propose a future pathway to Government to modernise the legislation that achieves the identified marine resources management objectives.
What is the scope of the Review?
The scope and objectives of the Review are set out in the Terms of Reference. The focus is providing the best possible legal framework for all fisheries and marine resource management.
||The extent to which the objects of the Act are being achieved.||
||Consider changes to the Abalone Deed arrangements.|
||The extent to which the Act provides a sound foundation and framework for living marine resource management in Tasmania.||
Fisheries Licence Ownership and Interest Registration Act 2001, except in so far as it interacts with the LMRMA.|
||The extent to which the Act aligns with current best practice fisheries and marine resource management principles (compared to other Australian and international jurisdictions).||
||Related legislation governing nature conservation, environmental protection, and biosecurity, except in so far as they affect the operation of the LMRMA.|
||The extent to which the Act is flexible and prepares Tasmania for future risks and challenges associated with the marine environment.||
||Marine Farming leases and planning (in so far as they are dealt with in the
Marine Farming Planning Act 1995).|
||Consider the Government’s policy of no new marine reserves.|
Has the LMRMA been reviewed before?
The LMRMA has never been subject to a major review or strategic consideration of its effectiveness in the past 25 years. Amendments to marine farming arrangements in 2017 and the proposed digital processes amendments are the most substantive revisions since it came into force in May 1996.
How will the Review be conducted and how long will it take?
The Review was announced in the 2020-21 budget, with the Terms of Reference being launched in August 2021.
It will engage with all sectors of harvest, conservation, Aboriginal fishing communities, research and the wider community to understand their interactions with the Act and opportunities for the future.
||Discussion Paper to facilitate engagement with the Key Stakeholder Group released and consultation forums held||November 2021 - February 2022|
||Summary Report on issues identified by Government, Key Stakeholder Group, and other stakeholders|
||Public Consultation - Draft White Paper||From October 2022|
White Paper to Government||Mid 2023|
What is the Key Stakeholder Group? How are members appointed?
The Key Stakeholder Group is a group of external organisations that will canvas the views of stakeholders in the first stage of the Review. It will be a representative collection of :
- Commercial fishing industry and industry associations
- Recreational fishing sector and association
- Tasmanian Aboriginal fishing sector
- Aquaculture sector
- Seafood handlers, exporters, and processors
- Fisheries researchers and scientists
- Conservation groups
- Charter and aquatic eco-tourism operators
- Broader Tasmanian community
Members of the Key Stakeholder Group will be invited, towards the end of 2021, to provide a response to a Discussion Paper that identifies key issues arising from the current operation of the LMRMA. Consultation forums will be held with
Key Stakeholder Group members to discuss those issues further. It is expected that members will conduct consultation with their members or interest groups to provide a representative response to the Department.
These responses, along with views of Government and other stakeholders, will guide the development of the White Paper in 2022.
What is the Discussion Paper?
The purpose of the Discussion Paper is to canvas the views of stakeholders on their experiences with the LMRMA and to seek feedback. It will not propose options or solutions, or pre-empt the development of the White Paper.
The Discussion Paper will identify key themes and issues, however that list will not be conclusive. The objective of consultation is to gain insights from across the Tasmanian community.
What is the White Paper?
The White Paper will be a detailed document that identifies and analyses the issues raised by stakeholders and presents a future pathway to Government.
It will provide advice on future options for living marine resource management to ensure a modern and resilient legislative regime.
A draft of the White Paper will be released for public comment towards the end of 2022.
Will the submissions be made public?
Yes, written submissions made on the Discussion Paper and White Paper will be made public in line with Government guidelines.
Who is affected by this Review?
Broadly speaking, the legislation impacts all Tasmanian residents, wild fish harvest sectors, aquatic eco-tourism and charter sectors, 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 for the LMRMA.
The Government will consider what the response to the recommendations from the Review may be, and the timeframe in which they may be implemented.
How can I be involved?
The Review will be collaborative and transparent. The two key consultation periods are:
- following the release of the Discussion Paper – with the
Key Stakeholder Group, and
- following the release of the draft White Paper – with the wider public and community
Public consultation forums will be held around the State on the published draft White Paper in late 2022. Information on consultation sessions will be available closer to the date.