Fisheries Levy (Kimberley Coast Prawn Trawl Fishery) Regulations

Overview

The Fisheries Levy (Kimberley Coast Prawn Trawl Fishery) Regulations, enacted under the Fisheries Levy Act 1984, were introduced to address the need for a policy that allows for the exploitation of the Kimberley Coast Prawn Trawl Fishery without causing adverse effects on the area's pearl oyster stocks. The fishery had been closed since 1987, and these regulations provide for its reopening on a short-term trial basis to a selected group of participants under strict conditions. The levies imposed are intended to fully recover the government costs associated with conducting the trials, including observer's salaries, travel and equipment, boat charter, and administrative expenses. The regulations were issued by the Minister of State for Primary Industries and Energy, as authorised by the relevant statute. The policy objective is to facilitate the exploratory operations of the fishery while ensuring the conservation of pearl oyster stocks.

Scope and Application

The Fisheries Levy (Kimberley Coast Prawn Trawl Fishery) Regulations, established under the Fisheries Levy Act 1984, apply specifically to the Kimberley Coast Prawn Trawl Fishery, which has been temporarily reopened for a short-term trial period. This regulation pertains to the imposition of a levy on licences granted under the Fisheries Act 1952, specifically targeting the endorsements related to the Kimberley Coast Prawn Trawl Fishery. The scope of these regulations is limited to the selected group of participants involved in the trial period and excludes all other fisheries or fishing activities not specified under the endorsed licences. The levy is intended to fully recover the government costs associated with conducting the trial, including observer salaries, travel, equipment, boat charter, and administrative expenses. These regulations have a jurisdictional reach within Australia, as they are issued under Commonwealth authority. The regulatory framework is set out in the Fisheries Levy Act 1984, and the specific details of the levies and endorsements are detailed in the Regulations, which came into effect upon gazette.

Key Provisions

The Fisheries Levy (Kimberley Coast Prawn Trawl Fishery) Regulations, introduced under the Fisheries Levy Act 1984, are designed to impose a levy on certain licences to fund the costs associated with the short-term trial period of the Kimberley Coast Prawn Trawl Fishery. The primary purpose of these regulations is to ensure that the financial burden of the trial is shared between the government and the participants involved. Specifically, regulation 3 of the Regulations (paragraph 3) prescribes the endorsements that will incur a levy under subparagraph 5(b) of the Fisheries Levy Act 1984. Regulation 4 then specifies that the amount of the levy payable for each endorsement is $16,225. These regulations impose specific obligations on the parties involved. Firstly, the government is responsible for determining the costs associated with the trial period, including observer salaries, travel, equipment, and administrative expenses. Secondly, the participants, who are granted the endorsement under the Fisheries Act 1952, must ensure that they comply with the levy requirements. This involves paying the specified levy amount as outlined in regulation 4 of the Regulations. Failure to comply with the provisions of these regulations can lead to significant legal consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed in the explanatory statement, it is reasonable to infer that breaches of the Act or the Regulations could lead to fines, legal action, or the revocation of the licence. Given the financial implications and the regulatory nature of the Fisheries Levy Act 1984, penalties could potentially include fines up to the amount of the unpaid levy or even higher, depending on the severity and frequency of the breach. The exact penalties would be determined in accordance with the broader legislative framework governing fisheries and levy compliance in Australia.