Fisheries Levy (Northern Prawn Fishery) Regulations

Overview

The Fisheries Levy (Northern Prawn Fishery) Regulations 1988, issued under the authority of the Minister for Primary Industries and Energy, were enacted to address the need for a structured levy system to manage the costs associated with the Northern Prawn Fishery (NPF). The Fisheries Levy Act 1984 introduced these regulations to impose a levy on the allocation and renewal of units of fishing capacity in the NPF, aiming to ensure that the management costs of the fishery are recoverable. These regulations specify the amounts of the levy for different classes of units in two sub-areas of the NPF, reflecting the distinct management requirements of each region. The primary objective of these regulations is to facilitate the sustainable management of the NPF by ensuring that the costs associated with its operation are adequately covered through the levy system.

Scope and Application

The Fisheries Levy (Northern Prawn Fishery) Regulations 1988, issued under the authority of the Fisheries Levy Act 1984, apply to the allocation and renewal of units of fishing capacity in the Northern Prawn Fishery (NPF) from 15 April 1988 to 30 April 1989. These regulations specifically target entities engaged in the Northern Prawn Fishery, including vessels requiring a combination of Class A units, which measure boat size and engine power, and Class B or Class C units, which represent the boat itself. The regulations apply to the entire fishery, which is divided into two sub-areas: Sub-area 1 extends from Darwin to Cape York, and Sub-area 2 includes the Joseph Bonaparte Gulf west of Darwin. The regulations impose a levy on both the allocation and renewal of these units, with specific amounts varying by class and sub-area. The regulations replace existing levy regulations and are effective upon gazettal.

Key Provisions

The main operative sections of the Fisheries Levy (Northern Prawn Fishery) Regulations (C2004L04673) are paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984. These paragraphs provide for the imposition of a levy on the allocation and renewal of units of fishing capacity in the Northern Prawn Fishery (NPF). The regulations specify the amounts of levy applicable for different classes of units, which authorise fishing in various areas of the NPF between 15 April 1988 and 30 April 1989. The NPF is divided into two sub-areas: Sub-area 1 is between Darwin and Cape York, and Sub-area 2 is the Joseph Bonaparte Gulf, west of Darwin. Access to the fishery is contingent on the boat having the applicable number of Class A units and either a Class B or Class C unit assigned. Class A units measure the size and engine power of the boat, with an average-sized boat requiring 375 Class A units. Class B and Class C units represent the boat itself. Class A units may also be held independently, referred to as “surplus units.” The regulations impose obligations on parties engaged in the NPF by requiring them to pay a levy for the allocation and renewal of fishing capacity units. This levy is calculated based on the number of surplus units held or the number of Class A units assigned to a boat along with either a Class B or a Class C unit, depending on the sub-area and the time of allocation or renewal. The levy is intended to recover management costs for the NPF. The regulations provide specific levy amounts for different periods and types of units, ensuring that all participants contribute to the management costs of the fishery. Breach of the provisions of these regulations can lead to civil and criminal consequences. The specific offences and penalties are not detailed in the explanatory statement, but generally, failure to comply with the levy requirements could result in fines or other penalties as stipulated under the Fisheries Levy Act 1984. The maximum penalties would depend on the severity of the breach and could include substantial fines or other legal repercussions. Compliance with these regulations is crucial to avoid any adverse consequences for those involved in the NPF.