EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 463
Issued by the authority of the Minister of State for Primary Industries and Energy.
FISHERIES LEVY ACT 1984
FISHERIES LEVY (EAST COAST TUNA PURSE SEINE
FISHERY) REGULATIONS (AMENDMENT)
Paragraph 5(b) of the Fisheries Lew 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 subparagraph.
Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the endorsement of a fisheries licence is such amount as is specified in the regulations.
The purpose of the Regulations is to set the rate of levy for access to the East Coast Tuna Purse Seine Fishery. Management of this fishery has been implemented through Fisheries Notice No. TEC2 published in the Gazette on 30 July 1990. This area of waters has not previously had formal management arrangements for purse-seining. The levy is to recover management costs for the East Coast Tuna Purse Seine Fishery.
Details of the Regulations are set out below.
Regulation 1 provides for citation of the Regulations as the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations.
Regulation 2 defines the words “endorsement”, “licence”, “Notice” and “the Act” for the purposes of the Regulations.
Regulation 3 prescribes endorsements to licences to permit activities otherwise prohibited by paragraphs 5(a) and 5 (b) of Fisheries Notice No. TEC 2 for the purposes of paragraph 5(b) of the Act.
Proposed Regulation 4 specifies $2,000 as the amount of levy payable for an endorsement to a licence for the whole area of the fishery (paragraph 5(a) of Fisheries Notice No. TEC2) and $1,000 as the- amount of levy payable for an endorsement to a licence for the offshore zone only (paragraph 5(b) of Fisheries Notice No. TEC2).
The Regulation took effect on Gazettal.
Overview
The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment), 1990, were enacted to address the need for management of the East Coast Tuna Purse Seine Fishery, an area of waters that previously lacked formal management arrangements for purse-seining. This amendment to the Fisheries Levy Act 1984 aims to impose a levy on endorsements of licences to recover management costs associated with this fishery. The Act, enacted by the Parliament of Australia, provides for the imposition of a levy on certain licences under the Fisheries Act 1952. The policy objective of these Regulations is to establish the rate of levy for access to the fishery, ensuring that the costs of managing the fishery are adequately covered. The regulations specify the levy amounts for different endorsements, thereby formalising the access to the fishery and providing a financial basis for its management.
Scope and Application
The Fisheries Levy Act 1984 applies to individuals and entities holding a licence for the East Coast Tuna Purse Seine Fishery, with the primary focus being on those requiring an endorsement to their licence as per the Fisheries Act 1952. The Act's jurisdiction spans across the Commonwealth of Australia, ensuring a national reach for its provisions. The Regulations specifically target the levy for access to this fishery, which has been managed through Fisheries Notice No. TEC2, and aim to recover the costs associated with managing the fishery. The amount of the levy is specified within the Regulations themselves, with proposed figures of $2,000 for full access to the fishery and $1,000 for access to the offshore zone only. The Regulations also outline definitions for terms such as "endorsement," "licence," "Notice," and "the Act" to ensure clarity and consistency in application. The application of the Act is further extended and defined through subordinate instruments such as the proposed Regulations, which specify the levy rates and operational areas.
Key Provisions
The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) (SR 1990 No. 463) primarily amend the existing Fisheries Levy Act 1984 to establish a levy on endorsements to licences for access to the East Coast Tuna Purse Seine Fishery. Specifically, section 5(b) of the Fisheries Levy Act 1984 allows for the imposition of a levy on certain endorsements of fisheries licences, and section 6(1) stipulates that the amount of the levy is to be specified in the regulations. Regulation 4, as amended, sets the levy at $2,000 for the whole area of the fishery and $1,000 for the offshore zone only, reflecting the need to recover management costs for this previously unregulated fishing area.
The Regulations impose specific obligations on parties involved in the East Coast Tuna Purse Seine Fishery. Firstly, they require that any endorsement to a licence, which permits activities otherwise prohibited by paragraphs 5(a) and 5(b) of Fisheries Notice No. TEC 2, be subject to the prescribed levy. This ensures that all participants in the fishery contribute to the costs associated with its management. Furthermore, the Regulations clarify definitions of key terms such as "endorsement," "licence," "Notice," and "the Act," ensuring that there is no ambiguity in the application of the levy.
Breach of the provisions outlined in the Regulations can lead to several consequences. While the text does not specify offences or penalties, it is reasonable to infer that failure to pay the prescribed levy could result in legal action under the Fisheries Levy Act 1984. Typically, such breaches could lead to civil or criminal penalties, with the potential for fines or other sanctions as determined by the relevant authorities. The exact penalties would depend on the specific breaches and any additional legislative provisions that may apply.