Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1992 No. 12 were enacted to address the need for updating the rate of levy imposed on endorsements for licences within the East Coast Tuna Longline Fishery. This amendment to the Fisheries Levy (East Coast Tuna Longline Fishery) Regulations 1992 was introduced under the authority of the Minister of State for Primary Industries and Energy, aligning with the provisions of the Fisheries Levy Act 1984. The policy objective of these regulations is to ensure that the levy adequately covers the management costs associated with the fishery, as prescribed by the Fisheries Notice Nos. TEC5 and TEC8. The regulations seek to reflect the current management framework and ensure that the financial burden of managing the fishery is appropriately allocated through the levy system.

Scope and Application

The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1992 No. 12 applies to entities and individuals involved in the East Coast Tuna Longline Fishery, specifically those who hold or seek to hold a licence endorsed under the Fisheries Act 1952 for participation in this fishery. This regulation is an amendment to the Fisheries Levy Act 1984 and is aimed at adjusting the rate of levy imposed on endorsements of fisheries licences for access to the fishery. The amendment serves to align the regulatory framework with the current management protocols as stipulated in Fisheries Notices Nos. TEC5 and TEC8. The levy is intended to cover the management costs associated with the fishery. The application of these regulations is limited geographically to the Commonwealth of Australia and is enforced through the statutory framework of the Fisheries Levy Act 1984. The Regulations do not specify any exclusions or exemptions from the imposition of the levy, and the specific rates for the levy are detailed within the subordinate instruments of the Regulations themselves.

Key Provisions

The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1992 No. 12, amends the existing Fisheries Levy (East Coast Tuna Longline Fishery) Regulations, which set out the rate of levy for access to this fishery. The Act itself, particularly sections 5(b) and 6(1), provides the legislative foundation for imposing a levy on the endorsement of a licence granted under the Fisheries Act 1952, with the specific amount of the levy being determined by the regulations. This amendment ensures the levy accurately reflects the management costs associated with the East Coast Tuna Longline Fishery, as controlled by Fisheries Notice Nos. TEC5 and TEC8. Under these regulations, several key obligations are placed upon the parties involved. Firstly, Regulation 1 necessitates the amendment of the existing regulations, ensuring they remain current and aligned with the management needs of the fishery. Regulation 2 updates the definition of "Notice" to reflect the current Fisheries Notices, ensuring clarity and precision in regulatory references. Regulation 3 prescribes endorsements to licences that allow activities otherwise prohibited by Fisheries Notices Nos. TEC5 and TEC8, thereby providing a legal framework for necessary activities within the fishery. Finally, Regulation 4 specifies the exact amounts of levy payable for an endorsement to a licence, ensuring compliance with the financial obligations set by the regulations. The Regulations impose specific obligations on the entities involved, primarily those holding or applying for a licence to fish in the East Coast Tuna Longline Fishery. Licence holders must ensure that their endorsements comply with the new definitions and prescribed amounts, as outlined in Regulations 2 and 4. Failure to do so may result in non-compliance with the levy requirements, potentially leading to legal repercussions. Entities must also ensure their activities are permitted under the endorsements as specified in Regulation 3, which may involve additional administrative steps to align their operations with the prescribed notices. In terms of penalties and consequences, while the Explanatory Statement does not explicitly detail the penalties for breaches, it is implied that non-compliance with the amended regulations could lead to enforcement actions under the Fisheries Levy Act 1984. Such actions could include fines, legal proceedings, or other administrative penalties as prescribed by the Act. The exact penalties, however, would be determined in accordance with the relevant provisions of the Fisheries Levy Act 1984 and any associated legislation, ensuring that those found in breach face appropriate consequences for their actions.