Fisheries Levy (North Eastern Demersal Line Fishery) Regulations 1991 No. 141
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 141
Issued by the authority of the Minister of State for Primary Industries and Energy. FISHERIES LEVY ACT 1984
FISHERIES LEVY (NORTH EASTERN DEMERSAL LINE FISHERY) REGULATIONS
Paragraph 5(b) of the Fisheries Levy Act 1984 (the Act) provides for the imposition of levy upon the endorsement of a licence granted under subsection 9(2) or 9(3) of the Fisheries Act 1952, being an endorsement included in a class of endorsements prescribed for the purposes of that paragraph. Subsection 6(1) of the Act provides that the amount of levy imposed by the Act on the endorsement of a licence is such amount as is specified in the Regulations.
The North Eastern Demersal Line Fishery is a newly managed Commonwealth fishery which regulates line fishing in a large area of the western Coral Sea. The line fishing resources of this area are largely unknown but will almost certainly be limited in distribution to the vicinity of the reefs and islands of the region.
The objective of management of this fishery is therefore to collect information on the resources of the region while restricting access to protect those resources from over- exploitation. Consequently the number of endorsements issued will be restricted to about ten.
The levy of $1500 per vessel per year will cover the costs of managing the fishery, specifically costs incurred in administration, monitoring (logbooks and observers), scientific assessment, surveillance and enforcement.
Details of the Regulations are set out below.
Regulation 1 provides for citation of the Regulations as the Fisheries Levy (North Eastern Demersal Line Fishery) Regulations.
Regulation 2 defines "boat", "endorsement", "licence", "notice" and "the Act" for the purposes of the Regulations.
Regulation 3 prescribes the endorsements referred to in paragraph 4 of Fisheries Notice No. NED1 for the purposes of subparagraph 5(b) of the Act.
Regulation 4 specifies $1,500 as the amount of levy payable for an endorsement to a licence.
The Regulation took effect on Gazettal.
Overview
The Fisheries Levy (North Eastern Demersal Line Fishery) Regulations 1991 were enacted under the authority of the Minister of State for Primary Industries and Energy to address the need for management of the North Eastern Demersal Line Fishery, a newly regulated Commonwealth fishery in the western Coral Sea. The Fisheries Levy Act 1984 established the legislative framework for imposing a levy on licences within this fishery, with the aim of funding the management costs while protecting the largely unknown but potentially limited resources from over-exploitation. The regulations were designed to specify the amount of the levy and to provide definitions for terms such as "boat", "endorsement", "licence", "notice", and "the Act", ensuring clarity and consistency in the implementation of the levy and the associated management practices. This regulatory framework was essential to balance the economic activities of the fishery with the conservation of its marine resources.
Scope and Application
The Fisheries Levy (North Eastern Demersal Line Fishery) Regulations 1991 are subordinate legislation enacted under the Fisheries Levy Act 1984, governing the imposition of a levy on certain fishing activities within the North Eastern Demersal Line Fishery, a newly managed Commonwealth fishery. This fishery pertains to line fishing in the western Coral Sea, an area with largely unknown resources but is anticipated to have limited fish distribution near reefs and islands. The Regulations apply to licences granted under the Fisheries Act 1952, with the levy intended to cover the costs associated with managing the fishery, including administrative, monitoring, scientific assessment, surveillance, and enforcement expenses. The levy amount specified is $1,500 per vessel per year. These Regulations are designed to restrict the number of endorsements issued to approximately ten to protect the fishery's resources from over-exploitation while gathering necessary information about the fishery's resources.
Key Provisions
The Fisheries Levy (North Eastern Demersal Line Fishery) Regulations 1991 (the Regulations) outline the key provisions for the imposition of a levy on the endorsement of a licence under the Fisheries Levy Act 1984 (the Act) and the Fisheries Act 1952. Specifically, Regulation 3 prescribes the endorsements, while Regulation 4 specifies the amount of the levy as $1,500 per vessel per year (regs 3 and 4). This levy is applicable to licences endorsed under the Act, which pertains to a newly managed Commonwealth fishery that regulates line fishing in a specific area of the western Coral Sea, known as the North Eastern Demersal Line Fishery (reg 1).
The Regulations impose several obligations on the parties involved. Firstly, they require that the levy amount specified in Regulation 4 be paid for each endorsement on a licence (reg 4). This levy is intended to cover the costs associated with managing the fishery, including administrative expenses, monitoring through logbooks and observers, scientific assessments, and enforcement activities (reg 4). Secondly, the Regulations limit the number of endorsements to approximately ten to ensure that the fishery resources are not over-exploited while data on the resources of the region is collected (reg 4).
Non-compliance with the provisions of the Regulations can lead to several consequences. While the specific legal consequences for breach are not detailed in the explanatory statement, it is reasonable to infer that breaches of these Regulations could result in fines, penalties, or other legal actions under the Fisheries Levy Act 1984 and the Fisheries Act 1952. The maximum penalties for breaches of such Acts and Regulations would depend on the specific nature of the breach and the provisions of the respective Acts. However, it is likely that penalties could include financial penalties or other enforcement actions as determined by the relevant authorities.