Fisheries Levy (North West Shelf Deep-Water Trawl Fishery) Regulations

Overview

The Fisheries Levy (North West Shelf Deep-water Trawl Fishery) Regulations 1988 were enacted under the authority of the Minister for Primary Industries and Energy to address the management costs associated with the North West Shelf Deep-water Trawl Fishery (NWSDWTF). The Fisheries Levy Act 1984 established a framework for imposing a levy on certain fisheries licences to recover management costs. However, the specific need to regulate and levy for the NWSDWTF arose from the unique management requirements of this particular fishery. These regulations ensure that the costs involved in managing the deep-water trawl fishery are fairly distributed among those who hold licences to fish in this area, as outlined in the Development Plan approved by the relevant industry/government advisory committee and the Minister. The policy objective of these regulations is to provide a sustainable mechanism for financing the management of the fishery, ensuring that the financial burden is proportional to the benefits derived from the fishery. The Explanatory Statement for these regulations clarifies that the levy amount is determined by dividing the total management costs by the number of endorsements to be issued, as per the approved Development Plan. This approach ensures that the levy is based on a fair and transparent calculation, reflecting the actual costs incurred in managing the NWSDWTF. By implementing these regulations, the government aims to maintain the sustainability of the fishery and support its long-term viability, while also ensuring that stakeholders contribute appropriately to the costs associated with its management. The regulations are set to take effect upon their gazettal, providing a clear and immediate mechanism for levy imposition on the relevant fisheries licences.

Scope and Application

The Fisheries Levy (North West Shelf Deep-water Trawl Fishery) Regulations 1984, made under the Fisheries Levy Act 1984, apply to any person or entity holding a fisheries licence endorsed for participation in the North West Shelf Deep-water Trawl Fishery (NWSDWTF). This encompasses both individuals and corporate entities that are authorised to fish within the specified fishery area, with the levy being imposed on the endorsement of their respective fisheries licences. The geographic scope of these regulations is limited to the waters specified in the Development Plan for the NWSDWTF, which has been approved by an industry/government advisory committee and the Minister for Primary Industries and Energy. The application of these regulations is confined to the Commonwealth jurisdiction, as they are enacted under federal legislation. There are no stated exclusions or exemptions within the regulations themselves; however, the applicability of the levy is inherently tied to the endorsement of a fisheries licence for the NWSDWTF. The regulations also allow for the adjustment of the levy amount through subordinate instruments if necessary, ensuring the ongoing recovery of management costs associated with the fishery. The specified levy amount of $1,670 per endorsement is to be effective immediately upon the regulations being gazetted.

Key Provisions

The Fisheries Levy (North West Shelf Deep-water Trawl Fishery) Regulations 1988 (the Regulations) are made under paragraph 5(b) of the Fisheries Levy Act 1984 (the Act). They specify the levy to be imposed on the endorsement of a fisheries licence for fishing in the North West Shelf Deep-water Trawl Fishery (NWSDWTF) and provide for the recovery of management costs through this levy. The amount of the levy is set at $1,670 per endorsement, calculated based on the approved Development Plan and the number of endorsements to be issued. These Regulations come into effect upon their gazettal. Under these Regulations, the primary obligation is for the imposition of the specified levy on endorsements of fisheries licences for the NWSDWTF. This levy serves as a means to recover the management costs associated with the fishery. The levy amount is determined by dividing the total management costs by the number of endorsements to be issued, as outlined in the approved Development Plan. This ensures that the financial burden is spread across the licence holders in a manner that reflects the scale of the management activities required. There are no specific obligations or requirements placed on the parties or entities beyond the levy imposition and payment. However, the Regulations require adherence to the approved Development Plan, which outlines the management strategies and cost allocations. The levy is imposed on each endorsement of a fisheries licence, meaning that any licence holder engaging in the NWSDWTF must pay the levy for each endorsement they hold. While the Act and the Regulations themselves do not outline specific offences or penalties for non-payment of the levy, failure to comply with the requirements of the Act or the Regulations could potentially lead to enforcement actions under the Fisheries Management Act 1991 or other related legislation. Non-payment of the levy could result in legal action, fines, or other penalties under these broader acts. The exact penalties would depend on the specific provisions of the relevant legislation, but they could include financial penalties, licence suspension, or other regulatory sanctions.