Fisheries Levy (Northern Shark Fishery) Regulations 1992 No. 16
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 16
Issued by the authority of the Minister of State for Primary Industries and Energy. FISHERIES LEVY ACT 1984
FISHERIES LEVY (NORTHERN SHARK FISHERY) REGULATIONS
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.
Paragraph 5(b) of the Act provides for the imposition of levy upon the endorsement of a licence granted under subsection 9(2) or 9(3) of the Fisheries Act 1952, being an endorsement included in a class of endorsements prescribed for the purposes of that paragraph.
Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the endorsement of a fisheries licence is the amount that is specified in the Regulations.
The Fisheries Levy (Northern Shark Fishery) Regulations set the rate of levy for access to that fishery, which is to recover a proportion of the management costs for that fishery. These management costs cover administration, including consultative meetings with industry, research, data collection and processing.
The Northern Shark Fishery is a new fishery which consists of zones adjacent to Western Australia, Northern Territory and in the Gulf of Carpentaria. The levy proposed is $1,500 for each endorsement to a licence to permit gillnetting and longlining in the fishery. The levy is based on predicted costs and the number of endorsements permitted under the development plan for the fishery.
Details of the Regulations are set out below.
Regulation 1 provides for citation of the Regulations as the Fisheries Levy (Northern Shark Fishery) Regulations.
Regulation 2 provides that the Regulations commence on 3 February 1992. Regulation 3 defines phrases for the purposes of the Regulations.
Regulation 4 prescribes the endorsements referred to in Fisheries Notice No. NSF1 for the purposes of paragraph 5(b) of the Act.
Regulation 5 specifies the amounts of levy payable for an endorsement to a licence.
The Regulation took effect on 3 February 1992.
Overview
The Fisheries Levy (Northern Shark Fishery) Regulations 1992 were enacted to address the need for financial recovery of management costs associated with the newly established Northern Shark Fishery. This legislative instrument, issued under the authority of the Minister of State for Primary Industries and Energy, is framed to operate in conjunction with the Fisheries Levy Act 1984. The primary objective of these regulations is to impose a levy on licences endorsed for activities within the Northern Shark Fishery, such as gillnetting and longlining, thereby ensuring that a proportion of the management costs are recovered. These costs encompass administration, consultative meetings with industry, research, and data collection and processing. The levy is set at $1,500 for each endorsement, based on anticipated expenses and the number of endorsements permitted under the fishery's development plan. This regulation aims to provide a structured financial mechanism to support the sustainable management of the fishery.
Scope and Application
The Fisheries Levy (Northern Shark Fishery) Regulations 1992 are instrumental in implementing the provisions of the Fisheries Levy Act 1984, specifically addressing the levy imposed on endorsements of fisheries licences for the Northern Shark Fishery. These regulations apply to the persons and entities holding a licence endorsed for gillnetting and longlining activities within the designated zones of the Northern Shark Fishery, which encompass areas adjacent to Western Australia, Northern Territory, and the Gulf of Carpentaria. The primary objective of these regulations is to set the rate of the levy at $1,500 per endorsement, aiming to recover a portion of the management costs associated with the fishery. These management costs include administrative expenses, consultative meetings with industry stakeholders, research, and data collection and processing. The regulations do not specify any exclusions or exemptions from the levy, and the levy is determined based on predicted costs and the number of endorsements permitted under the fishery's development plan. The regulations commenced on 3 February 1992, and they provide detailed provisions for the citation, commencement, definitions, and the specific endorsements and levy amounts applicable to the Northern Shark Fishery.
Key Provisions
The Fisheries Levy (Northern Shark Fishery) Regulations 1992 (the Regulations) are subordinate legislation made under the Fisheries Levy Act 1984 (the Act). They establish the levy rate for access to the Northern Shark Fishery, which aims to cover a proportion of the management costs for this fishery. The key sections are Regulation 4, which identifies the endorsements for which the levy applies, and Regulation 5, which sets the levy amount. Regulation 4 prescribes the endorsements in Fisheries Notice No. NSF1, and Regulation 5 specifies the levy amount of $1,500 per endorsement for gillnetting and longlining in the fishery.
The Regulations impose certain obligations on parties and entities involved in the Northern Shark Fishery. Licensees for the fishery, which include individuals or companies seeking to engage in gillnetting and longlining, must pay the prescribed levy for each endorsement on their licence. This levy is to be paid as part of the licence application or renewal process and is intended to contribute towards the management costs of the fishery. These management costs encompass various activities such as administration, consultations with industry, research, and data collection and processing.
Failure to comply with the requirements of the Regulations can lead to certain consequences. While the explanatory statement does not explicitly mention offences, penalties, or criminal consequences, it is reasonable to infer that non-payment or underpayment of the levy could be treated as a breach of the Act or the Regulations. The Fisheries Levy Act 1984 may provide for fines or other penalties for such breaches, although the specific penalties are not detailed in the explanatory statement. It is advisable for practitioners to consult the Act for more information on potential penalties and enforcement mechanisms.