Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 371
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 371
Issued by the authority of the Minister of State for Resources Fisheries Lees 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 Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) ("the regulations") specify amounts of levy in respect of different classes of units which authorise fishing in the Northern Prawn Fishery during different specific periods.
Under the regulations, there will be two fishing periods being 14 December in a year to 13 July in the subsequent year, and 14 December 1991 to 1 December 1992.
The effect of the regulations will be to require the payment of the following amounts of levy in respect of 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 December in a year to 13 July in the subsequent year $26.80;
as described in paragraphs 3(b), 3(d) and 3(e) of the Principal Regulations for the period 13 December in a year to 14 July in the subsequent year $36.80;
as described in paragraph 3(f) of the Principal Regulations for the period 13 December 1991 to 1 December 1992 - $16.80.
The regulations commenced on 29 November 1991.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 371 is an amendment to the existing Fisheries Levy (Northern Prawn Fishery) Regulations, introduced to address the need for updating the specified amounts of levy for different classes of units used in the Northern Prawn Fishery. Enacted by the Minister of State for Resources under the Fisheries Levy Act 1984, these regulations aim to ensure that the levy amounts are accurately reflective of the current economic conditions and fishing practices. The primary policy objective behind these amendments is to maintain a balanced approach to resource management and revenue generation through the regulation of fishing capacity units within the Northern Prawn Fishery. The regulations, which commenced on 29 November 1991, establish two distinct fishing periods and specify the levy amounts applicable to different classes of units during these periods, thereby ensuring compliance and effective management of the fishery.
Scope and Application
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 371 apply to entities involved in the Northern Prawn Fishery, specifically those who hold or seek to hold an allocation of units of fishing capacity, as defined under the Northern Prawn Fishery Management Plan. This management plan dictates that the fishing capacity of the fishery is divided into units based on the engine power and hull size of boats. The amendment to the regulations is a Commonwealth instrument, reflecting the federal nature of fisheries management in Australia. The regulations impose a levy on the allocation and renewal of these units, the specific amounts of which are outlined in the amendment, and these levies vary based on the class of units and the specific fishing periods. Notably, the regulations do not explicitly state any exclusions or exemptions, and the application is confined to the Northern Prawn Fishery, illustrating a targeted regulatory approach within the broader fisheries sector.
Key Provisions
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1991 No. 371 (the "regulations") modify the amount of the levy imposed on the allocation and renewal of units of fishing capacity in the Northern Prawn Fishery, as outlined in the Fisheries Levy Act 1984 (the "Act"). According to section 8 of the Act, the Governor-General is empowered to create these regulations for the purposes of sections 5 and 6 of the Act, where sections 5(bc) and 5(bd) impose a levy on the allocation and renewal of units of fishing capacity, respectively. The amount of this levy is specified in the regulations (section 6(1) of the Act).
Under the regulations, the fishing capacity of the Northern Prawn Fishery is divided into units, defined by the engine power and hull size of boats in the fishery. The regulations set forth specific amounts of levy for different classes of units that authorise fishing in the Northern Prawn Fishery during two distinct periods: from 14 December in a year to 13 July of the subsequent year, and from 14 December 1991 to 1 December 1992. These levy amounts vary based on the class of units and the specific fishing period in question.
Parties or entities governed by the Act are required to comply with the provisions of the regulations, including the payment of the specified levy amounts for the allocation and renewal of units of fishing capacity. This obligation applies to all holders of units of fishing capacity within the Northern Prawn Fishery, ensuring that they contribute to the management and regulation of the fishery in accordance with the Act.
Failure to comply with the regulations, including the non-payment of the specified levy amounts, may result in civil and/or criminal consequences. The Act does not specify the exact penalties for non-compliance, but it is reasonable to assume that they could include fines, legal action, or other enforcement measures to ensure compliance with the requirements of the Act and the regulations. The maximum penalties, if any, would depend on the specific circumstances of the breach and the relevant jurisdiction.