Fisheries Levy (South East Fishery) Regulations 1991 No. 417
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 417
Issued by the authority of the Minister of State for Primary Industries and Energy. Fisheries Lees Act 1984
Fisheries Levy (South East Fishery) Regulations
Section 8 of the Fisheries Levy Act 1984 (the Act) provides that the Governor- General may make regulations for the purposes of the Act.
Paragraphs 5(bc) and 5(bd) of the Act provide for the imposition of levy upon the allocation, and renewal of the 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 the allocation of a unit of fishing capacity is such amount as is provided in the regulations.
The purpose of the regulations is to set the rate of levy for the 1992 south east fishery season. The levy recovers a proportion of the cost of managing the south east fishery (the Fishery) and for the first time also includes a component for research to be administered by the new Fisheries Research and Development Corporation.
The regulations are required as a result of a new management regime in the fishery which is based on a system of individual transferable quotas which are applicable to a variety of species of fish.
Details of the Regulations are set out below.
Regulation 1 provides for the Regulations to be cited as the Fisheries Levy (South East Fishery) Regulations.
Regulation 2 provides that the Regulations commence on 13 December 1991
Regulation 3 defines the words "Act" and "Plan of Management" for the purposes of the Regulations.
Regulation 4 defines "unit of fishing capacity" for the purposes of paragraphs 5(bc) and (bd) of the Act.
Regulation 5 provides that the levy amounts payable are as specified in the table. The Regulations came into effect on 13 December 1991.
Overview
The Fisheries Levy (South East Fishery) Regulations 1991 were introduced to address the need for a levy on the allocation and renewal of units of fishing capacity in the South East Fishery under the Fisheries Levy Act 1984. Enacted by the Governor-General under the authority of the Minister of State for Primary Industries and Energy, these regulations aimed to establish the rate of levy for the 1992 fishing season. The levy was designed to recover a portion of the management costs of the fishery and included a new component for research to be overseen by the Fisheries Research and Development Corporation. This regulatory framework was necessitated by a new management regime based on individual transferable quotas applicable to various fish species.
The policy objective of these regulations was to implement a structured levy system that supports the sustainable management of the South East Fishery by funding essential management activities and research initiatives. By setting specific levy rates for units of fishing capacity, the regulations ensured that the costs associated with managing the fishery and conducting research were adequately covered, thereby supporting the long-term viability of the fishery.
Scope and Application
The Fisheries Levy (South East Fishery) Regulations 1991 applies to the allocation and renewal of units of fishing capacity within the South East Fishery, as governed by the Fisheries Levy Act 1984. This Act enables the imposition of a levy on these units to recover costs associated with managing the fishery, including a new component for research administered by the Fisheries Research and Development Corporation. The regulations apply to all entities involved in the allocation and renewal of fishing capacity units within the specified fishery, which is managed under a new regime based on individual transferable quotas for various fish species. Geographically, the regulations pertain to the South East Fishery, with a specific commencement date of 13 December 1991. The Act provides for the levy amounts through subordinate instruments, which are detailed in the regulations. The levy is intended to fund management activities and research initiatives within the fishery.
Key Provisions
The Fisheries Levy (South East Fishery) Regulations 1991 (No. 417) establish the rates of levy for the 1992 south east fishery season under the Fisheries Levy Act 1984. These regulations are essential to implement a new management regime that relies on individual transferable quotas applicable to various fish species within the fishery (Sections 1-4). Regulation 5 specifies the levy amounts payable, which are detailed in a table included in the regulations (Regulation 5).
The obligations imposed by these regulations primarily revolve around the payment of the specified levy amounts by those involved in the allocation and renewal of units of fishing capacity. This levy serves a dual purpose: it contributes to the cost of managing the south east fishery and includes a component for research administered by the Fisheries Research and Development Corporation (Paragraphs 5(bc) and 5(bd)). The levy amounts are determined by the regulations and must be paid as stipulated (Regulation 5).
Failure to comply with the levy requirements can result in legal consequences. While the specific penalties are not detailed within the explanatory statement, breaches of regulations under the Fisheries Levy Act 1984 generally attract penalties that may include fines or other civil or criminal sanctions. The severity of these penalties can vary depending on the nature and extent of the breach, and they are designed to ensure compliance with the regulatory framework.