Fisheries Levy (Northern Fish Trawl Fishery) Regulations

Overview

The Fisheries Levy (Western and North Western Deep-water Trawl Fishery) Regulations 1990 were issued under the authority of the Minister for Primary Industries and Energy in response to changes in the management arrangements for fisheries in waters off western and north-western Australia. These changes were implemented to better manage the deep-water trawl fisheries in the region, including newly established fisheries in areas that were previously unfished. The Regulations aim to address the need for levy on licences to recover management costs associated with the administration, consultation with industry, research, data collection, and processing for the Western and North Western Deep-water Trawl Fishery. These costs are integral to ensuring sustainable and efficient management of the fishery, reflecting a policy objective to support the economic and ecological balance of the fishing industry in these waters. The Regulations were introduced to provide a legal framework that aligns with the new management arrangements as outlined in Fisheries Notice No. WNW1, which was published on 15 June 1990. The Regulations specify the endorsements subject to the levy, the amount payable, and the repeal of the previous regulations pertaining to the Western Deep Water Trawl Fishery. The levy amount is set at $3,100 for each endorsement to a licence, ensuring that the necessary funds are collected to cover the costs associated with the management of the fishery. The objective is to ensure that the fishing industry contributes to the costs of its own management, thereby promoting accountability and sustainability.

Scope and Application

The Fisheries Levy (Western and North Western Deep-water Trawl Fishery) Regulations were made under the authority of the Minister of State for Primary Industries and Energy to implement the provisions of the Fisheries Levy Act 1984. The Act applies to licences granted under the Fisheries Act 1952, specifically to endorsements related to the Western and North Western Deep-water Trawl Fishery. These regulations aim to impose a levy to recover management costs for the specified fishery, which includes administrative costs, consultative meetings with industry, and research and data collection activities. The geographic scope of these regulations covers waters off the western and north-western regions of Australia, including areas that were previously part of the Western Deep-water Trawl Fishery and the North West Shelf Deep-water Trawl Fishery, as well as previously unfished areas. The levy amount is set at $3,100 per endorsement, as specified in the regulations. Any previous regulations pertaining to the Western Deep Water Trawl Fishery have been repealed by these regulations, which came into effect upon their publication in the Gazette.

Key Provisions

The Fisheries Levy (Western and North Western Deep-water Trawl Fishery) Regulations, made under the Fisheries Levy Act 1984, establish the framework for levy imposition on specific endorsements granted under the Fisheries Act 1952. According to Regulation 3, the endorsements that trigger the levy are those prescribed in Fisheries Notice No. WNW1, which encompasses the Western and North Western Deep-water Trawl Fishery area. Regulation 4 sets the levy amount at $3,100 for each endorsement on a licence, as per the requirements of subparagraph 5(b) of the Fisheries Levy Act 1984. The obligations under these Regulations primarily involve the levy payment for those who hold endorsements on their fishing licences within the specified area. Licence holders must ensure they pay the stipulated levy amount as per Regulation 4 when their licences are endorsed for activities in the Western and North Western Deep-water Trawl Fishery. This levy is intended to cover the management costs associated with the new fisheries, including administrative costs, consultative meetings, industry research, and data collection and processing. Failure to comply with the levy requirements outlined in the Regulations may result in legal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of the Fisheries Levy Act 1984 and its associated regulations can typically lead to fines or other civil penalties. The precise nature and extent of these penalties would be determined by the relevant authorities in accordance with the Fisheries Levy Act 1984 and any other applicable legislation. The levy is a means to ensure that the costs of managing these fisheries are adequately covered, thus maintaining sustainable fishing practices and effective resource management.