Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1992 No. 11 was enacted to amend the existing Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations, providing an amendment to the rates for accessing the fishery. This regulation was introduced to address the need to adjust the levy rates for the East Coast Tuna Purse Seine Fishery in alignment with management costs. The Act was enacted by the authority of the Minister of State for Primary Industries and Energy, reflecting the policy objective to ensure that the levy imposed accurately reflects the management costs associated with the fishery. The amendment was intended to maintain a balance between the economic activities of the fishery and the sustainable management of the fishery resources.

Scope and Application

The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1992 No. 11 applies to entities and persons involved in the East Coast Tuna Purse Seine Fishery, specifically targeting those who require an endorsement on their fisheries licence to conduct activities within this fishery. The regulations amend the Fisheries Levy Act 1984 to specify the levy rates for these endorsements, which are intended to recover management costs for the fishery. The scope of the Act extends to the Commonwealth of Australia, aligning with the regulatory framework under which the Fisheries Levy Act and associated notices operate. The regulations do not introduce new exclusions or exemptions beyond those already defined in the Fisheries Levy Act and related notices, such as Fisheries Notice Nos. TEC7 and TEC9. The application of the Act is precise and technical, focused on the financial obligations of licence endorsements within the specified fishery, and does not extend beyond the parameters of the statutory framework provided by the Fisheries Levy Act 1984 and the Fisheries Act 1952.

Key Provisions

The primary sections of the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1992 No. 11 (the Regulations) pertain to the amendment of the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations. Regulation 1 provides for the amendment of these regulations, ensuring that they align with the current legislative framework. Regulation 2 updates the definition of "Notice" to reflect the current Fisheries Notices (TEC7 and TEC9) applicable to the East Coast Tuna Purse Seine Fishery. Regulation 3 prescribes endorsements that can be added to licences to permit activities that would otherwise be prohibited by Fisheries Notice No's. TEC 7 and TEC 9, as required by paragraph 5(b) of the Fisheries Levy Act 1984. Lastly, Regulation 4 specifies the amounts of levy payable for these endorsements to a licence. These provisions collectively ensure that the levy accurately reflects the management costs of the fishery. The Act imposes several obligations on the parties and entities it governs. Firstly, the Fisheries Levy Act 1984 mandates the imposition of a levy on endorsements of fisheries licences that fall within the specified classes. The Regulations, in turn, detail the rate of this levy for access to the East Coast Tuna Purse Seine Fishery. Licence holders must comply with the updated definitions and prescribed endorsements as outlined in the Regulations. They are required to pay the specified amounts of levy as indicated for their endorsements. Additionally, the regulations ensure that the levy imposed is sufficient to cover the management costs of the fishery, as set out in Fisheries Notice No's. TEC 7 and TEC 9. The Regulations also outline the consequences for non-compliance with the Act and the Regulations. Breaches of the provisions set forth in the Fisheries Levy Act 1984 and the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations can result in civil and criminal penalties. Although the specific penalties are not detailed in the provided text, it is common under Australian legislation for breaches to result in fines. The exact amount of these fines would typically be determined by the relevant court, but they can often be substantial, particularly for commercial or repeated violations. Non-compliance can also lead to legal action being taken against the offending parties, which may include licence holders or operators within the fishery. In summary, the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1992 No. 11 outlines the amendments necessary to set the rate of levy for access to the fishery, ensuring alignment with current management notices and costs. Licence holders are obligated to adhere to these updated provisions, including paying the specified levy amounts. Failure to comply with the Act and the Regulations can result in significant penalties, both civil and criminal, reinforcing the importance of adherence to the prescribed legal standards.