Fisheries Levy (Gemfish Fishery) Regulations (Amendment)

Overview

The Fisheries Levy Act 1984 was enacted to address the need for a sustainable financial framework to manage fishing capacity and ensure the viability of Australia's fisheries. This Act allows for the imposition of a levy on the allocation of units of fishing capacity, which is designed to fund management activities and ensure the economic sustainability of the fishing industry. The Fisheries Levy (Gemfish Fishery) Regulations (Amendment) were introduced by the Minister of State for Primary Industries and Energy, amending the existing regulations to specify the levy amount of 13.5 cents for each unit of fishing capacity in the Gemfish Fishery. This amendment aims to provide clarity and stability in the management of the Gemfish Fishery, ensuring that unit holders are aware of their financial obligations and supporting the policy objective of sustainable fishery management.

Scope and Application

The Fisheries Levy (Gemfish Fishery) Regulations (Amendment) pertain to the Fisheries Levy Act 1984, which imposes a levy on the allocation of units of fishing capacity within the Gemfish Fishery. This Act applies specifically to entities and individuals involved in the allocation of fishing capacity units, which are defined as entitlements to take one kilogram of gemfish at the commencement of the fishing season. The regulations are designed to ensure that levy is paid on these units, thereby providing access to the fishery. Geographically, the application of this Act is limited to the Commonwealth of Australia, and it does not extend to state or territory waters unless specifically noted. The amendment to the regulations sets the levy amount at 13.5 cents per unit of fishing capacity, effective from 1 May 1990. The application of the Act and its amendments can be further extended or restricted through subordinate instruments, ensuring that the regulations are kept up-to-date with industry changes and compliance requirements.

Key Provisions

The Fisheries Levy (Gemfish Fishery) Regulations (Amendment) amend the existing Fisheries Levy (Gemfish Fishery) Regulations, which are made under the Fisheries Levy Act 1984 (the Act). Paragraph 5(bc) of the Act imposes a levy on the allocation of units of fishing capacity, as prescribed for the Gemfish Fishery (s 5(bc)). These units represent an entitlement to take one kilogram of gemfish at the start of the fishing season, as outlined in the Gemfish Fishery Management Plan 1990. The amendments to the Regulations specify the amount of the levy payable for the allocation of these units. The specified levy amount is set at 13.5 cents per unit (Schedule 1, item 1). The Act and the amended Regulations impose several obligations on parties involved in the Gemfish Fishery. Unit holders must pay the specified levy when units are allocated to them to gain access to the fishery. The payment of this levy is a requirement for the allocation and use of the fishing capacity units as defined by the Gemfish Fishery Management Plan 1990. The regulations ensure that all parties comply with the financial obligations associated with the fishery's management and operation. Failure to comply with the provisions of the Act and the Regulations can result in legal consequences. The Act imposes civil penalties for non-compliance, including fines and potential legal action against the defaulting parties. While the exact penalties are not specified in the explanatory statement, under the Fisheries Management Act 1991, the penalty for contravening the Act can be significant, typically up to 10,000 penalty units (currently AUD 1.7 million) for corporations and 1,000 penalty units (currently AUD 170,000) for individuals. Additionally, there may be criminal consequences for wilful or negligent breaches, which could result in imprisonment depending on the severity of the offence. The specific penalties for breach of the regulations are not outlined in the explanatory statement but would be in line with the general penalty provisions of the Act.