Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment)
1992 No. 408
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 408
Issued by the authority of the Minister of State for Primary Industries and Energy
Fisheries Levy Act 1984
Fisheries Levy (East Coast Tuna Purse Seine 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 east 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 in the fishery for the 1992/93 season.
The levy does not include the research levy administered by the Research and Development Corporation.
Rates of levy for endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 7 have increased as follows:
• for endorsements of the kind referred to in paragraph 5(a), from $2000 to $2500;
• for endorsements of the kind referred to in paragraph 5(b), from $1000 to $1600.
Rates of levy for endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 9 have decreased by about 25 per cent as follows:
• for endorsements of the kind referred to in paragraph 5(a), from $2000 to $1500;
• for endorsements of the kind referred to in paragraph 5(b), from $1000 to $8251
• 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 Purse Seine Fishery) Regulations (Amendment) 1992 No. 408 was enacted to address the need for adjusting the rates of the levy imposed on endorsements for the East Coast Tuna Purse Seine Fishery under the Fisheries Levy Act 1984. This amendment was made by the authority of the Minister of State for Primary Industries and Energy, aiming to reflect changes in the management and operational costs associated with the fishery for the 1992/93 season. The policy objective behind this amendment is to ensure that the levy rates are reflective of the current economic conditions and operational requirements of the fishery, thereby maintaining fair access and participation within the industry. The regulations specify updated levy rates for different classes of endorsements, with some rates increasing and others decreasing, to align with the evolving needs of the fishery.
Scope and Application
The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1992 No. 408 applies to the imposition of a levy on endorsements of licences under the Fisheries Act 1952 for the east coast tuna purse seine fishery. Specifically, the Regulations amend the rates of levy for certain classes of endorsements within this fishery for the 1992/93 season. This amendment affects the financial obligations of persons granted such endorsements, who must pay the specified levy to gain access to the fishery. The amendments to the levy rates are significant as they directly impact the cost of operating within the fishery, potentially influencing fishing activities and compliance. The Regulations are applicable nationwide, given the Commonwealth's jurisdiction over fisheries management. The levy applies to the specified endorsements as outlined in Fisheries Notice TEC 7 and TEC 9, with the exclusion of the research levy managed by the Research and Development Corporation. The Regulations came into effect immediately upon gazettal and may be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1992 No. 408 amends the existing regulations governing the levy imposed on endorsements under subsection 9(4) of the Fisheries Act 1952 (section 5(b)). This amendment pertains to licences granted under subsections 9(2) or 9(3) of the Fisheries Act 1952. The regulations specify the amount of levy for each class of endorsement in the fishery for the 1992/93 season. Notably, the research levy, which is administered by the Research and Development Corporation, is not included in this levy.
The primary obligation imposed by these regulations is that persons are only permitted access to the east coast tuna purse seine fishery if the appropriate levy has been paid. This requirement is tied to the allocation of endorsements to persons in the fishery, as outlined in the management arrangements for the fishery. The regulations detail the specific levy rates for different classes of endorsements, ensuring that all parties involved in the fishery are aware of their financial obligations.
In terms of compliance, these regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it is implied that failure to pay the required levy would result in denied access to the fishery, as access is contingent upon levy payment. The regulations themselves are straightforward in their requirements and commence on gazettal, meaning they are effective immediately upon being officially published.
Overall, these amendments to the Fisheries Levy regulations focus on adjusting the levy rates for certain classes of endorsements in the east coast tuna purse seine fishery, ensuring that the financial obligations of participants in the fishery are clearly defined and enforced.