Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 No.
220
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 220
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 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 different specific periods. Under the Fisheries Levy (Northern Prawn Fishery) Regulations (the Principal Regulations), there are two fishing periods being 14 December in a year to 13 July in the subsequent year, and 14 July in a year to 13 December in the same year. The amendment set the levy for the second period.
The effect of the amendment was 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 July in a year to 13 December in the same year - $5.00;
• of units 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 the same - $10.00;
Subregulation 3(f) was repealed as it was a one off payment by operators who accepted a buy back offer.
The regulations commenced on Gazettal.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 No. 220 were enacted to address the need for revised financial contributions from operators within the Northern Prawn Fishery. This amendment to the Fisheries Levy Act 1984 was authorised by the Minister of State for Primary Industries and Energy and implemented to adjust the levy amounts for the allocation and renewal of fishing capacity units during the second fishing period, specifically from 14 July to 13 December. The Regulations were introduced to align with the fishing management plan by setting specified levy rates for different classes of fishing units, thereby ensuring the financial sustainability of the fishery management framework. This amendment was gazetted and commenced on the date of its publication, ensuring immediate application to the relevant stakeholders.
Scope and Application
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 No. 220 amends the existing regulations under the Fisheries Levy Act 1984, specifically targeting the levy imposed on the allocation and renewal of allocation of units of fishing capacity within the Northern Prawn Fishery. This Act applies to entities and persons engaged in fishing activities within the Northern Prawn Fishery, and its regulations are enforced under the authority of the Minister of State for Primary Industries and Energy. The Act's reach is confined to the Commonwealth jurisdiction, impacting those involved in the fishery as delineated by the Northern Prawn Fishery Management Plan, which specifies the units of fishing capacity. The amendment to the regulations sets out specific levy amounts for different classes of units during particular fishing periods, thereby extending its application to transactions related to the allocation and renewal of these units. The amendment notably excludes any units that fall under the repealed subregulation 3(f), which pertained to a one-off payment for operators who accepted a buy-back offer.
Key Provisions
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) 1992 No. 220 amends the existing regulations to specify the amount of levy to be imposed for the allocation and renewal of allocation of units of fishing capacity in the Northern Prawn Fishery. Under Section 8 of the Fisheries Levy Act 1984 (the Act), the Governor-General has the authority to make these regulations, as per the provisions of Sections 5 and 6 of the Act. These sections impose a levy on the allocation and renewal of allocation of units of fishing capacity, which are units into which the fishing capacity for the Northern Prawn Fishery is divided under a plan of management for the fishery. The regulations specify the amount of levy for different classes of units during specific periods.
The obligations imposed by these regulations on parties or entities governed by the Act include the payment of the specified levy amounts for the allocation and renewal of allocation of units of fishing capacity. For the fishing period from 14 July to 13 December in a given year, the levy amounts are set at $5.00 for units described in paragraphs 3(a) and 3(c) of the Principal Regulations, and $10.00 for units described in paragraphs 3(b), 3(d), and 3(e) of the Principal Regulations. This requirement applies to all parties involved in the Northern Prawn Fishery who seek to allocate or renew the allocation of units of fishing capacity during the specified period.
Failure to comply with these regulations and pay the required levy amounts may result in legal consequences. While the specific penalties for non-compliance are not explicitly stated in the text, it can be inferred that breaches of the regulations could lead to civil or criminal penalties, depending on the nature and severity of the offence. It is essential for parties governed by the Act to ensure they adhere to the obligations imposed by these regulations to avoid any potential legal ramifications.