Continental Shelf (Living Natural Resources) Regulations (Amendment)

Overview

The Continental Shelf (Living Natural Resources) Regulations 2, enacted in 1980, were made under the authority of the Continental Shelf (Living Natural Resources) Act 1968 to amend the existing regulations concerning fees associated with the granting and transfer of licences for living natural resources on Australia's continental shelf. The Federal Executive Council, advised by the Minister of State for Primary Industry, introduced these regulations to ensure that the fees more accurately reflect the size and type of vessels involved, as well as the nature of the licences being issued. These amendments were designed to provide a more equitable and structured fee system for the regulation of living natural resources on the continental shelf, addressing a gap in the existing regulatory framework by providing clearer and more defined fee structures.

Scope and Application

The Continental Shelf (Living Natural Resources) Regulations 1980 (Amendment) pertain to the governance of activities associated with the exploration and exploitation of living natural resources on the Australian continental shelf. These regulations apply to entities and individuals seeking to engage in such activities, including the granting of licenses for the employment of divers and the transfer of licenses. The regulations set out specific fees for various licensing activities, which vary based on the type and size of vessels involved. The scope of these regulations extends across the Australian continental shelf, thus affecting all industries engaged in marine resource exploitation. The amendments to the regulations include detailed fee structures that replace previous ones, specifying costs for different types of licenses and associated services. The regulations also provide for the amendment of fees through subordinate instruments, allowing for adjustments as necessary. Exclusions or specific exemptions are not detailed in the excerpt, but it is implied that the regulations will govern the activities of both Australian and foreign entities operating within the jurisdiction of the Australian continental shelf.

Key Provisions

The main operative sections of the Continental Shelf (Living Natural Resources) Regulations 1980 (Amendment) pertain to fees associated with various licences and transfers under the Continental Shelf (Living Natural Resources) Act 1968. Specifically, Regulation 2 amends Regulation 13 by replacing the existing sub-regulation (1) with a new sub-regulation detailing the fees for different types of licences and transfers (Reg. 2). The Second Schedule, which is also replaced, outlines the fees for the grant of licences and the transfer or issue of duplicates of such licences (Reg. 3, Sch. 2). Under these Regulations, various entities must adhere to the specified fees when applying for or transferring licences related to living natural resources on the continental shelf. For example, the grant of a licence under subsection 13(1) of the Act incurs a fee of $20, while the grant of a licence for an Australian ship less than 15 metres in length under subsection 13(2) is free. Other fees are determined by the length of the ship or the type of employment authorised under the licence (Sch. 2, Items 1–3). The fee for the employment of a person as a diver is $20, whereas for a trial diver, it is $2, and for a diver’s tender, it is again $20 (Sch. 2, Item 3). The transfer of a licence under subsection 13(7) of the Act incurs a fee of $1, and the issue of a duplicate of a lost or defaced licence is charged at $1 (Sch. 2, Items 4 and 5). The Regulations impose several obligations on parties seeking to engage in activities related to living natural resources on the continental shelf. These include the payment of specified fees for the grant, transfer, or duplication of licences, as outlined in the amended Regulation 13 and the Second Schedule. Any entity seeking to obtain a licence or transfer an existing licence must ensure they pay the appropriate fee as per the detailed fee structure provided in the Schedule. This ensures that the regulatory process is transparent and that the relevant authorities can efficiently manage the licensing process. The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the fee provisions. However, failure to comply with the fee requirements may result in the non-processing of the application for a licence or the transfer of an existing licence. Given the nature of the amendments, which primarily concern fee structures, there are no stated maximum penalties within the text of the Regulations themselves. However, any broader contraventions of the Continental Shelf (Living Natural Resources) Act 1968 may be subject to penalties under that Act.