High Court of Australia
High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Port MacDonnell Professional Fishermen's Assn Inc v South Australia [1989] HCA 49
ORDER Answer the questions in the special case as follows:
(1) Was the Arrangement and is the Second Arrangement validly authorized by s. 12H(4) of the Fisheries Act 1952 Cth and s. 13(1) of the Fisheries Act 1982 SA?
Answer: The Second Arrangement, which is to be construed as applying only to so much of the rock lobster fishery as lies within "waters adjacent to the State", is validly authorized by s. 12H(4) of the Fisheries Act 1952 Cth and s. 13(1) of the Fisheries Act 1982 SA.
(2) Is s. 14 of the Fisheries Act 1982 SA:—
(a) within the terms of the power purportedly conferred on the Parliament of South Australia by s. 5 of the Coastal Waters (State Powers) Act 1980 Cth?
(b) otherwise a law within the powers of the Parliament of South Australia?
Answer: Section 14 of the Fisheries Act 1982 SA is a valid enactment of the Parliament of South Australia.
(3) If the answer to question 2(a) is yes, is s. 5 of the Coastal Waters (State Powers) Act 1980 Cth a valid law of the Commonwealth?
Answer: Section 5(c) of the Coastal Waters (State Powers) Act 1980 Cth is a valid law of the Commonwealth.
(4) If the answer to question 2(b) is or would otherwise be yes, is s. 14 and are other provisions of the Fisheries Act 1982 SA insofar as it or they may have purported to apply to the Outside Fishery and/or may purport to apply to the Outside Defined Fishery (as defined in par. 11 of the Amended State of Claim) inconsistent with the Fisheries Act 1952 Cth and thereby invalid by virtue of s. 109 of the Commonwealth of Australia Constitution?
Answer: There is no inconsistency between s. 14 of the Fisheries Act 1982 SA and the provisions of the Fisheries Act 1952 Cth.
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