Fisheries Levy (East Coast Tuna Longline Fishery) Regulations

Overview

The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations were enacted in 1988 to address the need for effective management of the East Coast Tuna Longline Fishery by establishing a levy system that recovers management costs from licence holders. This was enacted under the Fisheries Levy Act 1984 by the authority of the Minister for Primary Industries and Energy, following recommendations from an industry/government advisory committee and approval by the Australian Fisheries Council. The policy objective was to ensure that the management costs associated with the sustainable operation of the fishery were adequately covered, thereby promoting efficient and responsible fishery management. The regulations set specific levy amounts for different types of endorsements, ensuring a structured approach to cost recovery and thereby supporting the ongoing viability and sustainability of the fishery.

Scope and Application

The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations 1988, made under the Fisheries Levy Act 1984, apply to persons and entities holding specific types of endorsements on fisheries licences that authorise fishing activities in the East Coast Tuna Longline Fishery. The Act primarily targets those with inshore and offshore endorsements under the Fisheries Act 1952, which cover fishing practices within specified areas of the Australian coastline. The regulations establish a levy intended to recover the management costs associated with the fishery. The Act applies on a national level, with the Australian Fisheries Council, comprising both Commonwealth and State Ministers responsible for fisheries, playing a pivotal role in approving the levy amounts. The regulations specify a levy of $2,000 for each inshore endorsement and $1,000 for an offshore endorsement for the financial year 1988/89. The regulations do not explicitly state any exclusions, exemptions, or thresholds, but the levy is applied based on the specific endorsements held by licence holders in the East Coast Tuna Longline Fishery. The application of the Act may be extended or modified through subordinate instruments as recommended by the industry/government advisory committee and approved by the Australian Fisheries Council.

Key Provisions

The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations 1988, issued under the Fisheries Levy Act 1984, outline the specific levy amounts to be imposed on different classes of licence endorsements for fishing in the East Coast Tuna Longline Fishery. According to section 5(b) of the Act, a levy is imposed on endorsements of licences granted under the Fisheries Act 1992. The regulations specify that for the 1988/89 financial year, the levy will be $2,000 for each inshore endorsement and $1,000 for an offshore endorsement. These amounts have been determined following recommendations from an industry/government advisory committee and have been approved by the Australian Fisheries Council, which comprises Commonwealth and State Ministers responsible for fisheries. These regulations impose obligations on licence holders to pay the specified levy amounts for their endorsements. This levy is intended to cover the management costs for the East Coast Tuna Longline Fishery. Licence holders must ensure they are aware of the applicable levy amounts and have the necessary arrangements in place to make the payments by the specified effective date of 1 July 1988. The levy must be paid in full and on time to comply with the requirements of the Act and the regulations. Failure to comply with the requirements to pay the levy may result in various consequences. Under the Fisheries Levy Act 1984, non-compliance could potentially lead to enforcement actions. While specific penalties are not detailed in the explanatory statement, it is common for legislation of this nature to include provisions for penalties, which could range from fines to legal action against the defaulting licence holder. The exact penalties would be determined in accordance with the broader legislative framework governing fisheries management in Australia. It is essential for licence holders to adhere to the payment obligations to avoid any potential legal repercussions.