Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1989 were enacted to amend the existing regulations under the Fisheries Levy Act 1984, specifically addressing the levy on units of fishing capacity within the Northern Prawn Fishery. This amendment was issued by the authority of the Minister for Primary Industries and Energy and was intended to update the levy amounts in line with the provisions of the Northern Prawn Fishery Management Plan. The policy objective is to ensure that the levy accurately reflects the capacity of the fishing units in different periods, thereby maintaining a fair and regulated access to the fishery based on the prescribed engine power and hull size of the boats involved. The regulations were designed to take effect from 1 May 1989, implementing updated levy rates for specific classes of units during different periods of the year.

Scope and Application

The Fisheries Levy Act 1984 applies to entities involved in the Northern Prawn Fishery, specifically targeting the allocation and renewal of units of fishing capacity, as defined in the Northern Prawn Fishery Management Plan. These units, which are a measure of the engine power and hull size of the boats, determine the fishing capacity within the fishery. The Act imposes a levy on the allocation and renewal of these units, ensuring that unit holders gain access to the fishery only after the relevant levy has been paid. The geographic scope of the Act is confined to the Northern Prawn Fishery, and its application is regulated through the Fisheries Levy (Northern Prawn Fishery) Regulations, which were amended to specify the levy amounts for different classes of units during two distinct periods of the year. The amendment took effect from 1 May 1989, and any further extension or restriction of its application is managed through subordinate instruments as outlined in the regulations.

Key Provisions

The Fisheries Levy Act 1984, as amended by the Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment), imposes a levy on the allocation and renewal of units of fishing capacity in the Northern Prawn Fishery. According to section 5(bc) and (bd) of the Levy Act, this levy applies to the allocation and renewal of such units. These units are measures of the engine power and hull size of the boats participating in the fishery, as defined in the Northern Prawn Fishery Management Plan. The levy is designed to regulate access to the fishery, ensuring that it is paid before a unit holder can access the fishery. The regulations specify the levy amounts for different classes of units. For Class A units, the levy is $17.60 for the period from 1 May to 31 August and $17 for the period from 1 September to 30 April. For other classes of units, the levy is $27.60 for the first period and $27 for the second period. These levies are payable to allow access to the fishery, as outlined in the Plan. The obligations imposed by these regulations require unit holders to pay the specified levies to gain access to the fishery. This involves ensuring that the levy is paid within the prescribed periods and for the appropriate class of unit. Failure to pay the levy will result in the unit holder being denied access to the fishery, as per the conditions set out in the Northern Prawn Fishery Management Plan. Failure to comply with the levy requirements can lead to civil and criminal consequences. While specific penalties are not outlined in the explanatory statement, breaches of the Fisheries Levy Act can typically result in fines and other civil penalties under the Act. Additionally, persistent non-compliance may lead to more severe criminal penalties, including potential prosecution and imprisonment, as prescribed by relevant legislation. The exact penalties would be determined based on the nature and severity of the breach.