Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 143
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 143
Issued by the authority of the Minister of State for Primary Industries and Energy FISHERIES LEVY ACT 1984
FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT)
Section 8 of the Fisheries Levy Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.
Paragraphs 5(bc) and (bd) of the Act impose levy on the allocation and renewal of allocation, respectively, of units of fishing capacity, being units of fishing capacity prescribed for the purposes of those paragraphs.
Subsection 6 (1) of the Act provides, so far as is relevant, that the amount of levy imposed on the allocation or renewal of allocation of a unit of fishing capacity is the amount specified in the Regulations.
The Fisheries Levy (Northern Prawn Fishery) Regulations ("the regulations") specify amounts of levy which authorise fishing in the Northern Prawn Fishery during two specific periods; from 14 December in a year to 13 July in the following year, and 14 July to 13 December in the same year. These classes of units are Class A units assigned to a boat along with a Class B or C unit or surplus units.
The regulations will amend the principal regulations to specify the payment of the following amounts of levy for an allocation or renewal of allocation of class A units:
as described in paragraphs 3 (a) and 3 (c) the Principal Regulations for the period 14 July in a year to 13 December in that year $8.50;
as described in paragraphs 3 (b), 3(d) and 3(e) of the Principal Regulations for the period 14 July in a year to 13 December in that year $17.00.
These amounts have been determined by the Minister and have the support of the Northern Prawn Fishery Management Committee.
The regulations commence on Gazettal.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 143 amends the existing regulations under the Fisheries Levy Act 1984, enacted to provide a framework for the management and regulation of fisheries in Australia. The primary problem these regulations address is the need for updated and specific levy rates for fishing capacity units within the Northern Prawn Fishery, ensuring that the regulations remain current and responsive to industry needs and economic considerations. Issued by the authority of the Minister of State for Primary Industries and Energy, the objective is to accurately reflect the financial obligations associated with the allocation and renewal of fishing units for the specified periods. The amendment aims to provide clarity and certainty to stakeholders by updating the levy amounts, which have been determined with the support of the Northern Prawn Fishery Management Committee, ensuring they are fair and reflective of the current industry standards and practices.
Scope and Application
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 143 amends the existing regulations under the Fisheries Levy Act 1984, focusing on the imposition of levies on the allocation and renewal of units of fishing capacity for the Northern Prawn Fishery. This Act applies to entities and individuals involved in the allocation and renewal of fishing capacity units within the Northern Prawn Fishery, specifically targeting those who operate during the periods from 14 December to 13 July and 14 July to 13 December each year. These units include Class A units assigned to a boat, alongside Class B or C units or surplus units. The regulations are designed to specify the exact amounts of levy required for such allocations, providing a clear framework for compliance within the fishery sector. The amendments set forth the levy amounts as determined by the Minister with the endorsement of the Northern Prawn Fishery Management Committee, ensuring that the financial burden is transparent and agreed upon by relevant stakeholders. The regulations come into effect upon gazette, thereby extending the jurisdictional reach to the Commonwealth level, applying uniformly across the designated fishery.
Key Provisions
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 143 amends the existing regulations under the Fisheries Levy Act 1984 (section 8), primarily concerning the levy imposed on the allocation and renewal of units of fishing capacity within the Northern Prawn Fishery. Specifically, section 5(bc) and 5(bd) of the Act mandate a levy on these units, with the exact amount specified in the Regulations. The amendment sets forth new levy amounts for Class A units, which are allocated to boats along with Class B or C units, or surplus units, for specific periods during the year.
Under the amended regulations, the levy for Class A units for the period 14 July to 13 December in a given year is set at $8.50 for certain allocations and renewals, as outlined in paragraphs 3(a) and 3(c) of the Principal Regulations. For other allocations and renewals, the levy is $17.00 for the same period, as detailed in paragraphs 3(b), 3(d), and 3(e) of the Principal Regulations. These new rates were determined by the Minister and have garnered support from the Northern Prawn Fishery Management Committee.
The obligations imposed by the amended regulations primarily fall on the entities that hold or seek to hold units of fishing capacity within the Northern Prawn Fishery. These entities must ensure that they pay the specified levy amounts when allocating or renewing their fishing capacity units. Failure to comply with the levy requirements can result in legal consequences. The regulations mandate that the specified levy amounts must be paid by the relevant date, ensuring that all eligible units of fishing capacity are appropriately taxed.
Failure to comply with the requirements set out in the amended regulations can lead to significant consequences. The Act does not explicitly detail offences or penalties within the explanatory statement, but it is reasonable to infer that non-compliance with the levy requirements could result in civil or criminal penalties. Typically, such breaches may be subject to fines or other legal sanctions as outlined in the Fisheries Levy Act 1984 or other relevant legislation. The exact penalties would depend on the specifics of the breach and the relevant legal frameworks.