Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations

Overview

The Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations 1987 were enacted to address the need for financial contributions from entities engaged in trawl fishing within the Great Australian Bight. These regulations are issued under the authority of the Minister for Resources pursuant to the Fisheries Levy Act 1984. The primary objective of the regulations is to impose a levy on specific endorsements of fishing licences granted under the Fisheries Act 1952, ensuring that financial resources are collected to support the management and regulation of the fishery. This levy is intended to contribute to the costs associated with the administration and conservation of the Great Australian Bight Trawl Fishery, thereby supporting sustainable fishing practices and effective fishery management in the region. The regulations specify different levy amounts based on the scope of the fishing activities permitted by the endorsements, reflecting the varying levels of access and impact on the fishery.

Scope and Application

The Fisheries Levy Act 1984, along with the Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations, applies to all licence endorsements granted under the Fisheries Act 1952 that permit fishing activities in specified areas of the Great Australian Bight Trawl Fishery. These areas are defined and restricted by specific Fisheries Notices. The Act imposes a levy on four classes of licence endorsements that authorise access to the whole or parts of this fishery, with the levy amounts varying depending on whether the endorsement covers the entire fishery or just a specific part, and whether an existing endorsement for part of the fishery is held. The application of the Act is limited to the Commonwealth jurisdiction and is enforced through the regulatory framework established by the Fisheries Levy Act 1984 and the subsequent regulations. There are no stated exclusions or exemptions within the provided text, and the levy thresholds are clearly defined in the regulations. The application and enforcement of the Act may be extended or refined through subordinate instruments as necessary.

Key Provisions

The Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations 1987 (paragraph 5(b) of the Fisheries Levy Act 1984) establish specific levy amounts for endorsements on licences under the Fisheries Act 1952, governing access to different sections of the Great Australian Bight Trawl Fishery. These endorsements permit activities that are otherwise restricted by specific Fisheries Notices, with levies set at $6000 for full fishery access, $3000 for additional access when a partial endorsement is already held, and $3000 each for access to the western and eastern parts of the fishery. Under the Act, there are clear distinctions in the financial obligations imposed on licence holders based on the scope and extent of their fishing activities in the Great Australian Bight. For example, a licence holder seeking permission to fish across the entire fishery, which is otherwise prohibited, must pay a $6000 levy. If the licence holder already holds a partial endorsement, an additional $3000 is required to gain full access. Similarly, separate $3000 levies are required for endorsements to fish in the western or eastern parts of the fishery, each of which is restricted by specific notices. The Act imposes several obligations on parties governed by it. Licence holders must ensure they have the appropriate endorsements for the areas in which they intend to fish, as well as pay the corresponding levy for each endorsement. Additionally, the Department of Fisheries is required to monitor and enforce compliance with the levy requirements and the conditions set by the Fisheries Notices. Failure to comply with these requirements could result in legal repercussions. Breaches of the regulations may lead to civil or criminal consequences. For instance, failure to obtain the necessary endorsements or pay the required levies could result in fines or other penalties as stipulated by the Fisheries Levy Act 1984. The exact penalties are not specified in the Statutory Rule itself but would be detailed in the broader legislative framework of the Fisheries Levy Act. Non-compliance could also result in the suspension or revocation of fishing licences, impacting the livelihood of those who depend on these activities.