EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 365
Issued by the authority of the Minister of State for Resources
FISHERIES LEVY ACT 1984
FISHERIES LEVY (NORTHERN PRAWN FISHERY!
REGULATIONS (AMENDMENT)
Section 8 of the Fisheries Lew Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of section 5 and 6 of the Act.
Paragraphs 5 (be) 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 between 14 December in a year and 13 December in the subsequent year. The periods were previously 1 November in a year to 31 May in the subsequent year and from 1 June in that year to 31 October in that year. Due to financial difficulties and the introduction of enhanced restructuring arrangements for the fishery the dates of levy collection have been put back and rearranged. Under the regulations, there will be two fishing periods being 14 December in a year to 13 July in the subsequent year, and 14 July to 13 December in the same year. As a result of the change, no levy will be payable for November and the first half of December 1990. This allows fishing in 1990 season to be completed prior to the payment of levy.
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 $17.40;
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 $22.40
No amounts have been yet determined for the period 14 July to 13 December.
The regulations commenced on Gazettal.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) were enacted in 1990 to address financial difficulties and implement enhanced restructuring arrangements for the Northern Prawn Fishery, as authorised by the Fisheries Levy Act 1984. This Act was established to impose a levy on the allocation and renewal of units of fishing capacity in various fisheries, including the Northern Prawn Fishery, with the policy objective of regulating and managing these fisheries sustainably. The regulations amend the levy periods to better align with the operational calendar of the fishery, ensuring that fishing activities can be completed before levy payments are due. This adjustment facilitates a more practical and financially viable approach to managing the fishery, reflecting the need for flexibility in levy collection to support the industry. The regulations were issued by the Minister of State for Resources under the authority granted by the Fisheries Levy Act 1984.
Scope and Application
The Fisheries Levy Act 1984 applies to the allocation and renewal of units of fishing capacity for the Northern Prawn Fishery, which is divided into units based on the engine power and hull size of boats as defined in the Northern Prawn Fishery Management Plan. The Act is primarily concerned with imposing a levy on these units to fund the management and regulation of the fishery. The regulations under this Act, specifically the Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment), detail the levy amounts for different classes of units during specified periods within the fishing year. The geographic reach of the Act is specific to the Northern Prawn Fishery, which is likely within a particular state or territory jurisdiction in Australia. The regulations adjust the levy periods to accommodate financial difficulties and restructuring within the fishery, ensuring that fishing activities can be completed before levy payments are due. The amendments to the levy periods mean that no levy will be payable for November and the first half of December 1990, allowing the 1990 fishing season to conclude without immediate levy obligations. Subordinate instruments, such as the amended regulations, extend the application of the Act by specifying the levy amounts and periods for different classes of fishing units.
Key Provisions
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) amend the existing regulations under the Fisheries Levy Act 1984 (the Act) with respect to the Northern Prawn Fishery. Section 8 of the Act allows the Governor-General to make these regulations for the purposes of sections 5 and 6 of the Act, which pertain to the levy on the allocation and renewal of allocation of units of fishing capacity. The new regulations specify the levy amounts for different classes of units used in the Northern Prawn Fishery during two distinct periods: from 14 December to 13 July and from 14 July to 13 December. The previous periods, from 1 November to 31 May and from 1 June to 31 October, have been adjusted due to financial constraints and the implementation of enhanced restructuring arrangements for the fishery.
Under these regulations, fishing operators must adhere to specific levy amounts depending on the class of their units and the period during which they are fishing. For the period from 14 December to 13 July, class A units, as described in paragraphs 3(a) and 3(c) of the Principal Regulations, are subject to a levy of $17.40 for the allocation or renewal of allocation. For the period from 13 December to 14 July, class A units, as described in paragraphs 3(b), 3(d), and 3(e) of the Principal Regulations, are subject to a levy of $22.40. As of now, no levy amounts have been specified for the period from 14 July to 13 December. The regulations are designed to ensure that fishing operations can complete the season before the levy is due, thereby avoiding financial burdens during the fishing period.
Entities and individuals subject to these regulations are obligated to ensure that they comply with the new levy periods and amounts. This includes proper documentation and payment of the specified levies for the allocation or renewal of allocation of their units of fishing capacity. Failure to comply with these requirements can result in legal repercussions, as the regulations are enforced to maintain the financial integrity and sustainability of the Northern Prawn Fishery. Penalties for non-compliance are not explicitly stated in the text, but they would typically involve fines or other legal consequences as prescribed by the Fisheries Levy Act 1984.