Fisheries Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1992
No. 13
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 13
Issued by the authority of the Minister of State for Primary Industries and Energy.
FISHERIES LEVY ACT 1984
FISHERIES LEVY (NORTHERN FISH TRAWL FISHERY) REGULATIONS (AMENDMENT)
Section 8 of the Fisheries Levy Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Act.
Paragraph 5(b) of 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, so far as is relevant, that the amount of levy imposed on the endorsement of a fisheries licence is the amount that is specified in the Regulations.
The Fisheries Levy (Northern Fish Trawl Fishery) Regulations (Amendment) set the rate of levy for access to that fishery, which is to recover a proportion of the management costs for that fishery. These management costs cover administration, including consultative meetings with industry, research, data collection and processing.
The Northern Fish Trawl Fishery consists of an area of waters in the parts of the Arafura, and Timor Seas in which Australian fishermen have started to show increased interest in recent years. The levy proposed is $4,565 for endorsement to a licence to permit trawling in areas of the fishery. The levy increases depending on how many areas of the fishery the licence is endorsed for. The maximum levy for access to all areas of the fishery is $13,695. The levy is based on predicted costs and the small number of endorsements permitted under the development plan for the fishery.
Details of the Regulations are set out below.
Regulation 1 provides for amendment of the Fisheries Levy (Northern Fish Trawl Fishery) Regulations.
Regulation 2 defines phrases for the purposes of the Regulations.
Regulation 3 prescribes the endorsements referred to in the notice for the purposes of paragraph 5(b) of the Act.
Regulation 4 specifies the amounts of levy payable for an endorsement to a licence.
The Regulation took effect on Gazettal.
Overview
The Fisheries Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1992 No. 13, issued under the authority of the Minister of State for Primary Industries and Energy, aim to amend the existing Fisheries Levy (Northern Fish Trawl Fishery) Regulations. This legislative amendment was introduced to address the need for recovering a proportion of the management costs associated with the Northern Fish Trawl Fishery. This fishery encompasses an area of waters in the Arafura and Timor Seas, where Australian fishermen have shown increased interest. The policy objective of these regulations is to set the rate of levy for access to the fishery, thereby ensuring the costs of administration, research, data collection, and processing are appropriately covered. The levy is structured to increase based on the number of areas of the fishery a licence is endorsed for, with a maximum levy of $13,695 for access to all areas. These regulations were designed to align with the predicted costs and the limited number of endorsements permitted under the development plan for the fishery.
Scope and Application
The Fisheries Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1992 No. 13 amends the existing Fisheries Levy (Northern Fish Trawl Fishery) Regulations to adjust the rate of levy for access to the fishery in question. The amendment applies to licences endorsed under the Fisheries Act 1952, which pertain to the Northern Fish Trawl Fishery. This fishery encompasses specific waters in the Arafura and Timor Seas where Australian fishermen have shown increasing interest. The levy is imposed on the endorsement of a licence to permit trawling in these areas, with rates varying based on the number of areas covered by the licence, up to a maximum of $13,695 for full access. These amendments are designed to recover a proportion of the management costs associated with the fishery, including administration, research, and data collection. The regulations are made under the authority granted by the Fisheries Levy Act 1984 and took effect upon gazette.
Key Provisions
The main sections of the Fisheries Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1992 No. 13 establish the regulatory framework for the levy on licences in the Northern Fish Trawl Fishery. Regulation 1 specifies the amendments to the existing regulations, while Regulation 2 defines key terms used throughout the regulations. Regulation 3 identifies the specific endorsements for which the levy applies, and Regulation 4 sets out the amounts of the levy based on the number of endorsed areas within the fishery (Reg. 4). The levy is designed to recover a proportion of the management costs for the fishery, including administration, research, and data collection.
The obligations under these regulations primarily concern the licensees of the Northern Fish Trawl Fishery. Licence holders must pay the specified levy for each endorsed area of the fishery as outlined in Regulation 4. This levy is in addition to any other fees or charges that may apply under the Fisheries Act 1952. The regulations require that the levy be paid by the due date specified in the endorsement notice. Failure to comply with these payment obligations can result in the suspension or cancellation of the licence.
Breaching the obligations set forth in these regulations can lead to several consequences. Firstly, non-payment of the specified levy can result in the suspension of the licence. This means that the licence holder will not be permitted to engage in trawling activities within the Northern Fish Trawl Fishery until the outstanding levy is paid. Secondly, repeated non-compliance or significant breaches may lead to the cancellation of the licence, permanently barring the holder from participating in the fishery. While the regulations do not specify criminal penalties, the consequences of non-compliance are significant and can severely impact the ability of a licence holder to operate in the fishery.