Laws aimed at stopping a super trawler from fishing in Australian waters are vague, a judge says. Source: AAP
LAWS aimed at stopping a super trawler from fishing in Australian waters are vague, a Federal Court judge has said.
Justice John Logan has criticised the wording of the laws, passed by federal parliament last September.
Environment Minister Tony Burke used new legislative powers to ban the 142-metre Dutch vessel Abel Tasman from fishing in Australian waters for two years, following a public backlash.
Lawyers for Seafish Tasmania, which owns the super trawler, have applied to the Federal Court to have the ban declared invalid.
On the second day of argument, Justice Logan complained the legislation didn't specifically ban a "trawler" but rather a vessel over 130 metres with a trawl net.
"I could hang (a net) off the Queen Mary 2 and ... if I sailed the Queen Mary 2 through the fishery, all of a sudden I'm caught by this," he said.
Barrister Richard Niall SC, for the Commonwealth, said it didn't matter that the word "trawler" was omitted.
He said the legislation referred to a vessel which engaged in a particular combination of large-scale trawling and on-board processing of fish for commercial purposes.
Justice Logan returned: "I know what he (Minister Burke) had in his mind. But he's got to translate it into something that makes sense to the world at large."
The Commonwealth is arguing that the two-year ban is proper and enables a full consideration of the risks associated with a new and uncertain method of fishing.
Hearings were expected to wind up on Wednesday but may run into Thursday.
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