Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment)
1992 No. 406
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 406
Issued by the authority of the Minister of State for Primary Industries and Energy
Fisheries Levy Act 1984
Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment)
Paragraph 5(b) of the Act provides for the imposition of levy on an endorsement under subsection 9(4) of the Fisheries Act 1952 of a licence granted under subsections 9(2) or 9(3) of that Act.
The management arrangements for the cast coast tuna fishery provides for the allocation of endorsements to persons in the fishery. Persons are only permitted access to the fishery when levy has been paid.
The Regulation specifies the amount of levy in respect to each class of endorsement ill the fishery for the 1992/93 season.
The levy for all categories of endorsement includes the research levy administered by the Research and Development Corporation (approximately $75).
Rates of levy for most of the endorsements of the kind referred to in paragraph 6 of Fisheries Notice TEC 5 have increased as follows:
• for endorsements of the kind referred to in paragraph 6(a), from $2000 to $2350;
• for endorsements of the kind referred to in paragraph 6(b) and in force immediately before 15 December 1991, from $2000 to $2075;
• for endorsements of the kind referred to in paragraph 6(c), from $1000 to $1075.
However, the rate of levy for endorsements of the kind referred to in paragraph 6(b), other than the endorsements referred to above, has decreased from $2000 to $1575
Rates of levy for endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 8 have decreased as follows, except for the levy for endorsements of the kind referred to in paragraph 5(a), which has been removed entirely:
• for endorsements of the kind referred to in paragraph 5(b), from $1000 to $825;
• for endorsements of the kind referred to in paragraph 5(c), from $1000 to $825.
The Regulations commenced on gazettal.
Overview
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1992 No. 406, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Fisheries Levy Act 1984. This legislation was enacted to address the need for adjusted levy rates to reflect changes in the management and economic conditions of the east coast tuna longline fishery. The primary objective of this amendment is to ensure that the revenue generated through the levy continues to meet the demands of the fishery's management and the allocation of endorsements to licensed persons. The regulations specify the revised levy rates for different classes of endorsements for the 1992/93 season, ensuring that persons are only permitted access to the fishery when the required levy has been paid, thus maintaining the integrity of the fishery management system.
Scope and Application
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1992 No. 406 amends the existing regulations under the Fisheries Levy Act 1984 to adjust the levy rates for various classes of endorsements within the East Coast Tuna Longline Fishery for the 1992/93 season. These regulations apply to individuals or entities holding endorsements for participating in the fishery, with specific rates now set for different categories of endorsements. The amendments include an increase in the levy for most categories, with certain exceptions resulting in a decrease or complete removal of certain levies. This legislative change is intended to ensure that persons are only granted access to the fishery once the specified levy has been paid, thus aligning with the management arrangements outlined in the Fisheries Act 1952. The new rates reflect adjustments made to accommodate the ongoing management and research needs of the fishery, including contributions to the Research and Development Corporation.
Key Provisions
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1992 No. 406, pursuant to the Fisheries Levy Act 1984, introduces modifications to the existing levy rates for the East Coast Tuna Longline Fishery. Under section 5(b) of the Act, a levy is imposed on endorsements attached to certain licences granted under the Fisheries Act 1952. This levy is a condition for access to the fishery, and the amount is now specified in the Regulations for the 1992/93 season. The levy includes a research component, approximately $75, administered by the Research and Development Corporation. The amendment adjusts the levy rates for different classes of endorsements, with increases for some categories and decreases for others.
The Regulations outline specific changes to the levy rates for various types of endorsements. For endorsements described in paragraph 6(a) of Fisheries Notice TEC 5, the levy has increased from $2000 to $2350. For endorsements described in paragraph 6(b) and in force before 15 December 1991, the levy has risen from $2000 to $2075. For endorsements described in paragraph 6(c), the levy has increased from $1000 to $1075. However, for endorsements described in paragraph 6(b), excluding those mentioned above, the levy has decreased from $2000 to $1575. Furthermore, the levy for endorsements described in paragraph 5 of Fisheries Notice TEC 8 has decreased from $1000 to $825 for paragraph 5(b) and paragraph 5(c) endorsements. Notably, the levy for endorsements described in paragraph 5(a) has been entirely removed.
The Regulations impose specific obligations on the parties involved in the East Coast Tuna Longline Fishery. Persons seeking to participate in the fishery must ensure that they pay the specified levy for their endorsements as stipulated in the Regulations. Failure to comply with these levy requirements will result in restricted access to the fishery. The Regulations also impose an obligation on the relevant authorities to enforce these levy provisions and to ensure that all participants comply with the payment requirements. These obligations are necessary to maintain the integrity of the fishery management system and to fund research activities.
Failure to comply with the levy provisions outlined in the Regulations may result in significant consequences. The Act does not specify particular offences for non-compliance, but it implies that any breach of the levy requirements could lead to legal action. The penalties for non-compliance could include fines and other civil or criminal sanctions, as provided under the broader legislative framework of the Fisheries Act 1952. Additionally, continued non-compliance could result in exclusion from the fishery, effectively barring individuals or entities from participating in the East Coast Tuna Longline Fishery. The exact penalties for such breaches would depend on the interpretation and application of the relevant laws by the courts or administrative bodies.