Review of the Living Marine Resources Management Act 1995

​​​​​​​​​Mo​dernising Tasmania's Fisheries Legislation

A Review of the Living Marine Resources Management Act 1995


Living Marine Resources Management Act Review image

Background

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 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 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 February and March 2022, 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 November 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?

The 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.


​                           ​Included

​ ​                   Not Included

Image of a green tick indicating the correct action. The extent t​o which the objects of the Act are being achieved. Image of a red cross Consider changes to the Abalone Deed arrangements.
Image of a green tick The extent to which the Act provides a sound foundation and framework for living marine resource management in Tasmania. Image of a red cross Consider the Fisheries Licence Ownership and Interest Registration Act 2001, ​except in so far as it interacts with the LMRMA.
Image of a green tick. The extent to which the Act aligns with current best practice fisheries and marine resource management principles (compared to other Australian and international jurisdictions). Image of a red cross Related legislation governing nature conservation, environmental protection, and biosecurity, except in so far as they affect the operation of the LMRMA.
Image of a green tick. The extent to which the Act is flexible and prepares Tasmania for future risks and challenges associated with the marine environment. Image of a red cross Marine Farming leases and planning (in so far as they are dealt with in the Marine Farming Planning Act 1995).
Image of a red cross 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.


Completing-a-form-contained-icon Discussion Paper to facilitate engagement with the Key Stakeholder Group released and consultation forums held

January 2022 - March 2022
Speech-bubble-contained-icon Summary Report on issues identified by Government, Key Stakeholder Group, and other stakeholders

June 2022
3 persons icon Public Consultation - Draft White Paper


From November 2022
Document-contained-icon
​Delivery of 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 in January 2022, 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.


What is a Steering Committee and what is the role of members?

The role of a Steering Committee is to provide advice and facilitate delivery of the project outputs and achievement of project outcomes. A Steering Committee is responsible for ensuring that the Project Management Framework is being applied, including appropriate management of the project components outlined in the Project Plan and for escalating issues or decisions to the Executive Committee where required.
 
The aim of a Steering Committee is to ensure successful delivery of the project by providing, reviewing, and monitoring strategic and policy direction for the project team and other stakeholders. The decision maker for the outputs of the Review will be the Minister for Primary Industries and Water.


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 as part of this Review.

Why is the Abalone Deed out of scope? 

The abalone deed is out of scope as there are private contracts that exist outside the Act. 

Why is the Discussion Paper being released in January 2022?

The Department has decided to delay the release of the Discussion Paper for stakeholder engagement to January 2022 to avoid consultation and engagement over the Christmas period. Consultation forums will be held in February and March 2022, and it is expected that at least two months will be allowed for the preparation of written submissions. ​

Has the Terms of Reference been updated?

The Terms of Reference has been updated to reflect the addition of two new members to the Steering Committee and due to the new indicative project timeframe. 

In November 2021 the membership of the Steering Committee was adjusted. With the establishment of the Environment Protection Authority as a stand-alone independent agency, Mr Wes Ford stepped down from the Committee. 

To provide gender diversity, to recognise expertise in administration of the Act, to and to ensure the representativeness of Aboriginal Tasmanians, Ms Marion March and Dr Emma Lee were invited to join the Committee. 


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.

Contact

LMRMA Review
Marine Resources Executive and Projects Branch
GPO Box 44
Hobart TAS 7001
Phone: 03 6165 3000, 1300 368 550
Email: LMRMAreview@nre.tas.gov.au