Fisheries Levy (Bass Strait Scallop Fishery) Regulations 1991 No. 112
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 112
Issued by the authority of the Minister of State for Primary Industries and Energy FISHERIES LEVY ACT 1984
FISHERIES LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS
Paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984 (the Act) provide for the imposition of levy upon the allocation and renewal of the allocation, respectively, of units of fishing capacity, being units of fishing capacity prescribed by regulations for the purposes of those paragraphs.
Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the allocation or renewal of the allocation of a unit of fishing capacity is such amount as is provided in the regulations.
The purpose of the Fisheries Levy (Bass Strait Scallop Fishery) Regulations (the Regulations) is to set the rate of levy for the Bass Strait Scallop Fishery. The levy of
$2,000 on the allocation of a unit of fishing capacity will recover management costs for the Fishery. Allocation of a unit of fishing capacity under the Bass Strait Scallop Fishery Preliminary management Plan entitles the holder of the unit to use a single boat in the Fishery. The Bass Strait Scallop Fishery Preliminary Management Plan enhances earlier management strategies for the Fishery and complements the management strategies of Victoria and Tasmania in their adjacent scallop fisheries.
Details of the Regulations are set out below:
Regulation 1 provides for the Regulations to be cited as the Fisheries Levy (Bass Strait Scallop Fishery) Regulations.
Regulation 2 defines the phrases "Plan of Management" and "the Act" for the purposes of the Regulations.
Regulation 3 prescribes a unit of fishing capacity allocated or renewed under the Plan of Management for the purposes of paragraphs 5(bc) and 5(bd) of the Act.
Regulation 4 specifies $2,000 as the amount of levy payable on the allocation or renewal of the allocation of a unit of fishing capacity in accordance with the Bass Strait Scallop Fishery Preliminary Management Plan.
The Regulations came into effect upon Gazettal.
Overview
The Fisheries Levy (Bass Strait Scallop Fishery) Regulations 1991, enacted under the Fisheries Levy Act 1984, were introduced to address the need for a structured approach to managing the allocation of fishing capacity in the Bass Strait Scallop Fishery. This legislation was developed to ensure the sustainability and efficient management of the fishery through the imposition of a levy on the allocation and renewal of units of fishing capacity. The levy, as specified in the regulations, aims to recover management costs associated with the fishery. The enacting body is the Minister of State for Primary Industries and Energy, and the policy objective is clearly stated as being to set the rate of levy for the fishery, ensuring that management costs are met and the fishery is sustainably managed. This regulation complements the broader management strategies of Victoria and Tasmania, enhancing the coordinated approach to the fishery's management.
Scope and Application
The Fisheries Levy (Bass Strait Scallop Fishery) Regulations 1991, established under the Fisheries Levy Act 1984, apply to the allocation and renewal of units of fishing capacity in the Bass Strait Scallop Fishery. These Regulations specifically target the imposition of a levy on the allocation or renewal of units of fishing capacity as prescribed by the Bass Strait Scallop Fishery Preliminary Management Plan. The levy is set at $2,000 per unit of fishing capacity, a figure designed to recover management costs associated with the fishery. The levy applies to any entity or individual who is allocated or renews the allocation of a unit of fishing capacity in accordance with the management plan. Geographically, these Regulations operate within the Commonwealth jurisdiction, impacting all entities and individuals engaged in the Bass Strait Scallop Fishery. The levy serves to enhance and complement the management strategies already in place for the fishery in Victoria and Tasmania. The regulations came into effect upon gazettement, with no exclusions or exemptions specified within the text provided.
Key Provisions
The Fisheries Levy (Bass Strait Scallop Fishery) Regulations 1991 No. 112, issued under the Fisheries Levy Act 1984, establish the rate of levy for the Bass Strait Scallop Fishery. Regulation 4 specifies a levy of $2,000 for the allocation or renewal of a unit of fishing capacity, as defined in Regulation 3. This levy is intended to cover the management costs associated with the fishery, ensuring sustainable practices and proper resource management. Under the Bass Strait Scallop Fishery Preliminary Management Plan, the allocation of a unit of fishing capacity permits the holder to operate a single boat within the fishery. The levy is designed to support and complement the management strategies of the fishery, as well as those of the adjacent scallop fisheries managed by Victoria and Tasmania.
The Regulations impose several obligations on the entities governed by the Act. Firstly, any party involved in the allocation or renewal of a unit of fishing capacity within the Bass Strait Scallop Fishery must comply with the levy requirements outlined in the Regulations. This includes paying the specified $2,000 levy for each allocation or renewal of a unit of fishing capacity. The levy must be paid in accordance with the Bass Strait Scallop Fishery Preliminary Management Plan, which details the management strategies and operational guidelines for the fishery. Additionally, the parties must adhere to the definitions and provisions set forth in the Regulations, including the definitions of "Plan of Management" and "the Act" as provided in Regulation 2.
Breach of the provisions within the Fisheries Levy (Bass Strait Scallop Fishery) Regulations 1991 No. 112 can lead to both civil and criminal consequences. Civilly, failure to pay the specified levy may result in the non-compliant party being subject to recovery actions as outlined in the Fisheries Levy Act 1984. This could include fines or other monetary penalties. Criminally, the Act provides for offences related to non-compliance with the levy requirements, which may be prosecuted in a court of law. The penalties for such offences can include fines up to a certain maximum amount, as determined by the relevant legislative framework. It is important for all parties involved in the Bass Strait Scallop Fishery to comply with the levy requirements to avoid these potential consequences.