Fisheries Levy (East Coast Deepwater Finfish Trawl Fishery) Regulations

Overview

The Fisheries Levy (East Coast Deepwater Finfish Trawl Fishery) Regulations 1988 were enacted to address the need for levy imposition on specific licence endorsements related to the East Coast Deepwater Finfish Trawl Fishery. This regulation was established under the authority of the Parliament of the Commonwealth of Australia and aligns with the policy objectives outlined in the Fisheries Levy Act 1984. The aim of these regulations is to impose a levy on different classes of licence endorsements, based on the length of the fishing boat and the duration of the endorsement, to ensure that the costs associated with managing the fishery are fairly distributed among the participants in the fishery. The levies range from $100 to $1,500 depending on the length of the boat and the duration of the endorsement, reflecting the varying impacts of different types of fishing activities on the fishery.

Scope and Application

The Fisheries Levy (East Coast Deepwater Finfish Trawl Fishery) Regulations, made under the Fisheries Levy Act 1984, apply to licences endorsed for participation in the East Coast Deepwater Finfish Trawl Fishery, specifically targeting the levy imposition on different classes of licence endorsements. The levy is applicable to individuals or entities holding licences that permit access to this particular fishery. The classes of licences subject to the levy include those for boats that do not exceed 20 metres in length and those that exceed 20 metres in length, with varying levy rates based on the duration of the endorsement and the size of the boat. The geographic scope of these regulations is limited to the waters of the East Coast Deepwater Finfish Trawl Fishery in Australia, thus affecting the relevant maritime industry participants operating within this specific fishery. The regulations do not explicitly mention any exclusions, exemptions, or thresholds beyond the classes of licences and their associated levy rates. The application and interpretation of these regulations may be extended or refined through subordinate instruments issued under the authority of the Minister for Primary Industries and Energy.

Key Provisions

The Fisheries Levy (East Coast Deepwater Finfish Trawl Fishery) Regulations 1988 (C2004L04647) implement the levy provisions outlined in paragraph 5(b) of the Fisheries Levy Act 1984. These regulations specify the levy amounts for various classes of licence endorsements under the Fisheries Act 1952, which grant access to the East Coast Deepwater Finfish Trawl Fishery. The levy is applied to six distinct classes of licence endorsements, differentiated by the length of the boat and the duration of the endorsement (section 5(b)). For example, a one-month endorsement for a boat not exceeding 20 metres in length incurs a levy of $100, while a three-month endorsement for a boat exceeding 20 metres in length incurs a levy of $1,500. The regulations impose specific obligations on the parties involved, particularly those holding or applying for licence endorsements that permit access to the East Coast Deepwater Finfish Trawl Fishery. Licensees must ensure that they are aware of and comply with the levy amounts as specified in the regulations, which vary based on the length of the boat and the duration of the endorsement. This includes making timely payment of the levy to the relevant authority as a condition of holding or applying for such endorsements (section 5(b)). Non-compliance with the levy requirements can result in various consequences. While the regulations themselves do not explicitly detail offences or penalties, the underlying Fisheries Levy Act 1984 and the Fisheries Act 1952 outline the legal framework within which such breaches are treated. Generally, failure to pay the specified levy could be considered an offence under these Acts, potentially leading to penalties. These penalties may include fines, and in severe cases, criminal charges. The specific penalties and legal consequences would be determined in accordance with the broader legislative context provided by the Fisheries Levy Act 1984 and the Fisheries Act 1952.