Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 No.
368
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 368
Issued by the authority of the Minister 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 sections 5 and 6 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.
Subsection 3 (2) of the Act provides that a reference in the Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity for a fishery is divided.
The Northern Prawn Fishery Management Plan (the Plan) provides that the fishing capacity of the Northern Prawn Fishery shall be divided into units, which are defined as a measure of the engine power and hull size of boats in the fishery.
The Regulations specify amounts of levy in respect of different classes of units which authorise fishing in the Northern Prawn Fishery during periods covering the two fishing seasons in the Northern Prawn Fishery. Under the Fisheries Levy (Northern Prawn Fishery) Regulations (the principal Regulations), the period is 14 July in any year to the end of 13 December in the same year. The Regulations after this period to 14 December in each year to the end of 13 July in the subsequent year.
The effect of the Regulations is to require the payment of the following amounts of levy in respect of an allocation or renewal of allocation:
• of units described in paragraphs 3(a) and 3(c) of the principal Regulations for the period 14 December in each year to the end of 13 July in the subsequent year - $25.40;
• of units described in paragraphs 3(b), 3(d) and 3(e) of the principal Regulations for the period 14 December in each year to the end of 13 July in the subsequent year - $32.80.
The Regulations commenced on gazettal.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 were issued under the authority of the Minister for Primary Industries and Energy and amended the Fisheries Levy Act 1984. The objective of these regulations is to specify the amount of levy imposed on the allocation and renewal of allocation of units of fishing capacity for the Northern Prawn Fishery. This is in response to the need to manage and regulate the fishing capacity within the fishery as outlined in the Northern Prawn Fishery Management Plan. The amendment adjusts the timing of the levy periods to align with the fishery’s operational seasons, ensuring that the levy amounts are effectively applied during the relevant fishing periods. This change aims to provide a more accurate reflection of the fishing activities and better support the sustainable management of the fishery.
Scope and Application
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 applies to individuals or entities involved in the allocation or renewal of allocation of units of fishing capacity within the Northern Prawn Fishery. This includes all operators who possess units of fishing capacity as defined in the Northern Prawn Fishery Management Plan, which specifies the fishing capacity units in terms of engine power and hull size of boats. The Regulations are applicable nationally, governing activities within the Commonwealth of Australia. The amendments to the Regulations alter the timing of the levy periods, shifting the period from 14 July to 13 December to 14 December to 13 July in each year, thereby affecting the levy amounts for the two fishing seasons. There are no exclusions or exemptions specified in the text, and the application of the levy is extended through subordinate instruments, as authorised by Section 8 of the Fisheries Levy Act 1984. The levy amounts specified in the Regulations are $25.40 for certain units and $32.80 for others, reflecting the amended periods for levy applicability.
Key Provisions
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 (the Regulations) provide for amendments to the existing Fisheries Levy (Northern Prawn Fishery) Regulations. Under section 8 of the Fisheries Levy Act 1984 (the Act), the Governor-General has the authority to make regulations concerning the levy imposed on the allocation and renewal of allocation of units of fishing capacity in the Northern Prawn Fishery. This is further specified in sections 5 and 6 of the Act, where section 5 (bc) and (bd) impose a levy on these activities, and section 6 (1) dictates that the amount of the levy is determined by the Regulations.
The Regulations mandate that the levy for different classes of units that authorise fishing in the Northern Prawn Fishery be paid for specific periods. For units described in paragraphs 3(a) and 3(c) of the principal Regulations, the levy for the period from 14 December in any year to the end of 13 July in the subsequent year is set at $25.40. For units described in paragraphs 3(b), 3(d), and 3(e) of the principal Regulations, the levy for the same period is $32.80. These levies are intended to cover the costs associated with the management and regulation of the Northern Prawn Fishery.
The Regulations also impose obligations on the parties involved in the Northern Prawn Fishery. Those who hold or seek to renew allocations of units of fishing capacity must comply with the levy requirements set out in the Regulations. Specifically, they must pay the specified amount of levy for the relevant period, as outlined in the Regulations. Failure to comply with these requirements can result in legal consequences, including potential fines and other penalties.
Under the Fisheries Levy Act 1984, there are provisions for offences and penalties for non-compliance with the Act and the Regulations. While specific penalties are not detailed in the explanatory statement, it is common for breaches of such regulations to result in fines or other sanctions as prescribed by the relevant legislation. The seriousness of the breach and any previous history of non-compliance can influence the severity of the penalties imposed.