Fisheries Levy (Gemfish Fishery) Regulations (Amendment) 1991 No. 142
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 142
Issued by the Authority of the Minister of State for Primary Industries and Energy FISHERIES LEVY ACT 1984
FISHERIES LEVY (GEMFISH FISHERY) REGULATIONS (AMENDMENT)
Paragraph 5(bc) of the Fisheries Levy Act 1984 (the Act) imposes levy on the allocation of units of fishing capacity, being units of fishing capacity 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 allocation of a unit of fishing capacity is the amount specified in the regulations.
Subsection 3(2) of the Act provides that a reference in the Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity for the fishery is divided.
The purpose of the amendment is to amend references to the Gemfish Fishery Management Plan and increase the rate of levy payable per unit from 13.5 cents to 35 cents. The increase in levy is due to a reduction in the number of units across which costs are spread, reflecting a reduction in the total allowable catch for the fishery, and under-recovery of $39,000 from the 1990 season.
Regulation 1 provides for amendment of the Fisheries Levy (Gemfish Fishery) Regulations.
Regulation 2 amends the definition of "plan of management" to refer to the plan gazetted on 13 June 1991.
Regulation 3 increases the levy per unit from 13.5 cents to 35 cents. The regulations took effect on gazettal.
Overview
The Fisheries Levy (Gemfish Fishery) Regulations (Amendment) 1991 No. 142, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Fisheries Levy (Gemfish Fishery) Regulations to update references to the Gemfish Fishery Management Plan and adjust the rate of levy imposed per unit of fishing capacity. This legislative amendment is made pursuant to the Fisheries Levy Act 1984, which was enacted to regulate the imposition of a levy on the allocation of units of fishing capacity. The policy objective of this amendment is to ensure that the levy reflects the reduced number of units available for the fishery, following a decrease in the total allowable catch, and to address the under-recovery of $39,000 from the 1990 season. The increased levy rate from 13.5 cents to 35 cents per unit aims to better align the financial contributions of the fishery with its management costs.
Scope and Application
The Fisheries Levy (Gemfish Fishery) Regulations (Amendment) 1991 No. 142 applies to the allocation of units of fishing capacity under the Fisheries Levy Act 1984. Specifically, this amendment pertains to the Gemfish Fishery, affecting those entities engaged in the allocation of these units within the specified fishery. The amendment updates the reference to the Gemfish Fishery Management Plan, aligning it with the plan gazetted on 13 June 1991, and increases the rate of the levy payable per unit from 13.5 cents to 35 cents. The increased levy rate reflects a reduction in the number of units across which costs are spread, resulting from a decrease in the total allowable catch for the fishery, and aims to address an under-recovery of $39,000 from the 1990 season. The amendment has a national reach within Australia, given the federal nature of the Fisheries Levy Act 1984. There are no stated exclusions or exemptions in this specific amendment, and its application is governed by the terms of the Fisheries Levy Act and the amended regulations. The amendments are effective from the date of their gazettal, and further adjustments or clarifications may be made through subordinate instruments as necessary.
Key Provisions
The Fisheries Levy (Gemfish Fishery) Regulations (Amendment) 1991 No. 142, which are an amendment to the Fisheries Levy (Gemfish Fishery) Regulations, introduce changes to the rate of levy imposed on units of fishing capacity under the Fisheries Levy Act 1984. Regulation 1 directly amends the existing regulations to reflect the changes necessitated by the amendment. Regulation 2 updates the definition of "plan of management" to refer to the Gemfish Fishery Management Plan that was gazetted on 13 June 1991. Regulation 3, which is perhaps the most significant, increases the levy per unit from 13.5 cents to 35 cents. These changes came into effect upon the gazettal of the amendment.
The amendments impose specific obligations on parties involved in the Gemfish Fishery. Firstly, entities managing the Gemfish Fishery must now refer to the updated Gemfish Fishery Management Plan, as amended and gazetted on 13 June 1991, for definitions and operational guidelines. Secondly, all parties subject to the levy must account for the increased rate of 35 cents per unit of fishing capacity when calculating their levy obligations. This change necessitates adjustments in financial planning and reporting to ensure compliance with the updated regulations.
Breaching the provisions of the amended regulations may result in civil and criminal consequences. Firstly, under section 5(bc) of the Fisheries Levy Act 1984, any entity failing to correctly apply the updated levy rate could face civil penalties. Although the specific penalties are not detailed in the explanatory statement, such breaches typically involve financial penalties or demands for unpaid levies. Additionally, persistent non-compliance could potentially lead to criminal charges under section 13 of the Fisheries Management Act 1991, which includes provisions for prosecution for serious breaches of fisheries regulations. The maximum penalties for such offences are detailed in the principal Act and can include substantial fines and, in severe cases, imprisonment.