Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1992 No. 18 was enacted under the authority of the Minister of State for Primary Industries and Energy to amend the Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations. This amendment was introduced to address the need for updating the levy rate for the allocation and renewal of units of fishing capacity within the Great Australian Bight Trawl Fishery, as prescribed in the Fisheries Levy Act 1984. The primary objective of these regulations is to establish a specific levy rate to recover a proportion of the management costs associated with the fishery. This is achieved by setting the levy amount at $9,000 for the allocation or renewal of a unit of fishing capacity, which provides access to the entire fishery area as outlined in the Great Australian Bight Trawl Fishery Preliminary Management Plan.

Scope and Application

The Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1992 No. 18 applies to entities and individuals involved in the allocation and renewal of units of fishing capacity within the Great Australian Bight Trawl Fishery. This is pursuant to the Fisheries Levy Act 1984, which empowers the Governor-General to make regulations concerning the imposition of a levy on these activities. The levy is intended to recover a proportion of the management costs associated with the fishery, which is managed under the Great Australian Bight Trawl Fishery Preliminary Management Plan. The application of these regulations is specifically within the Commonwealth jurisdiction, ensuring that the levy system operates uniformly across the designated fishery area. The regulations set the rate of levy at $9,000 for each unit of fishing capacity, which provides access to the entire fishery area as outlined in the management plan. The regulations do not explicitly state any exclusions, exemptions, or thresholds beyond what is outlined in the Great Australian Bight Trawl Fishery Preliminary Management Plan. The scope and application of these regulations can be further extended or restricted through subordinate instruments as authorised by the Fisheries Levy Act 1984.

Key Provisions

The Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1992 No. 18 amends the existing regulations to adjust the rate of levy for the Great Australian Bight Trawl Fishery, as outlined in sections 5(bc) and 5(bd) of the Fisheries Levy Act 1984. This amendment is primarily concerned with setting the specific amount of the levy imposed on the allocation or renewal of units of fishing capacity. Regulation 4 explicitly states that the levy amount is set at $9,000 for each allocation or renewal of a unit of fishing capacity, in line with the Great Australian Bight Trawl Fishery Preliminary Management Plan. The Regulations impose several obligations on entities involved in the fishery. Firstly, any entity or individual holding a unit of fishing capacity must pay the specified levy amount of $9,000 upon the allocation or renewal of their unit. This levy is intended to contribute to the management costs associated with the fishery. Additionally, the Regulations require that these entities comply with the Great Australian Bight Trawl Fishery Preliminary Management Plan, which governs access to the fishery and the rights associated with holding a unit of fishing capacity. Breaches of these Regulations may result in legal consequences. While the document does not explicitly state the penalties for non-compliance, under the Fisheries Levy Act 1984, failure to pay the prescribed levy or comply with the regulations could be considered an offence. Such offences may attract civil penalties, including fines, and potentially criminal penalties if the breach is deemed severe enough. The exact penalties would depend on the nature and extent of the breach, and any relevant case law or additional legislative provisions.