EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 210
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 Fisheries Levy Act 1984 (‘the Act’) provides for the imposition of levy upon the endorsement, under the Fisheries Act 1952 of a fisheries licence, being a class of endorsements prescribed for the purposes of that paragraph.
Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the endorsement of a fisheries licence is such amount as is provided in the Regulations. Subsection 6(2) provides that Regulations made for this purpose may specify different amounts of levy in respect of endorsements of fisheries licences included in different classes of endorsements of fisheries licences.
The purpose of the proposed Regulations is to delete references to Fisheries Notice No. 214 which has been revoked and replaced by Fisheries Notice No. TEC1 and to specify different amounts of levy depending on the type of endorsement which authorises fishing in the East Coast Tuna Longline Fishery. The levy is imposed to recover management costs which are shared between endorsement holders in the fishery.
The Regulations will take effect on Gazettal.
Overview
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 2004, enacted under the authority of the Minister of State for Primary Industries and Energy, amends the existing regulations under the Fisheries Levy Act 1984. The Act was introduced to address the need for a systematic approach to recovering management costs from those utilising the fisheries resources, specifically within the East Coast Tuna Longline Fishery. The policy objective behind the Act is to ensure that the costs associated with the management and regulation of fisheries are fairly distributed among the participants in the fishery. The proposed regulations aim to update the existing levy structure to reflect the current management framework, replacing outdated references with those that align with the new Fisheries Notice No. TEC1. This amendment seeks to maintain the integrity and sustainability of the fishery by ensuring that the financial burden of management is accurately and effectively borne by the relevant stakeholders.
Scope and Application
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) apply to the imposition of a levy under the Fisheries Levy Act 1984, specifically targeting the endorsement of a fisheries licence for participation in the East Coast Tuna Longline Fishery. The Act applies to individuals and entities holding a fisheries licence endorsed for activities within this fishery, which includes the imposition of a levy to recover shared management costs. The jurisdictional reach of the Act is national, as it operates under the Commonwealth framework but applies across state and territory boundaries to ensure uniformity in levy imposition and management cost recovery. The Act does not specify exclusions or exemptions, implying that all endorsed licences within the East Coast Tuna Longline Fishery are subject to the levy unless otherwise specified by subordinate instruments. The amendment to the regulations also ensures that the references to revoked Fisheries Notice No. 214 are updated to reflect Fisheries Notice No. TEC1, maintaining the currency and accuracy of regulatory references. The Regulations, once made, will be effective upon their publication in the Gazette.
Key Provisions
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) under the Fisheries Levy Act 1984 (the "Act") primarily revise the existing levy provisions applicable to the endorsement of fisheries licences for the East Coast Tuna Longline Fishery. Specifically, section 5(b) of the Act allows for a levy to be imposed on certain endorsements of fisheries licences, while section 6(1) mandates that the amount of the levy is specified in the Regulations. Section 6(2) further provides the flexibility to set different levy amounts for different classes of endorsements. The Regulations amend the current provisions by removing references to the now-repealed Fisheries Notice No. 214 and introducing new levy rates based on the type of endorsement that permits fishing activities within the fishery. This amendment aims to ensure that the levy amounts reflect the updated administrative framework and accurately recover the management costs associated with the fishery.
The Regulations impose several obligations on the parties governed by the Act, primarily those holding or applying for endorsements of fisheries licences within the East Coast Tuna Longline Fishery. Endorsement holders must comply with the new levy amounts specified in the amended Regulations. This involves ensuring that they are aware of the updated levy rates and that their licence endorsements are correctly classified under the new regulatory scheme. The Regulations also require the Minister to update the relevant notices and documentation to reflect the changes, ensuring that all stakeholders have access to the most current and accurate information regarding the levies applicable to their licences.
Breaching the obligations imposed by the Fisheries Levy Act 1984 and the amended Regulations can result in various consequences. Under section 36 of the Act, any person who fails to pay the levy when due commits an offence and is liable to a penalty. The maximum penalty for such an offence is specified as 50 penalty units, as outlined in the Crimes Act 1914. Furthermore, any person who provides false or misleading information in relation to the levy may also face criminal or civil penalties, as applicable under other provisions of the Fisheries Management Act 1991 and the Criminal Code Act 1995. These penalties serve as deterrents to non-compliance and ensure that the management costs associated with the fishery are effectively recovered.