EXPLANATORY STATEMENT
STATUTORY RULE 1989 No. 48
Issued by the Authority of the Minister for Primary Industries and Energy.
FISHERIES LEVY ACT 1984
FISHERIES LEVY (SOUTH EAST TRAWL FISHERY)
REGULATIONS (AMENDMENT)
Paragraphs 5(be) and (bd) of the Fisheries Levy Act (the Levy Act) provide for the imposition of 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.
The South East Trawl Fishery Preliminary Management Plan (the Plan) provides that the fishing capacity for the South East Trawl 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 Plan provides for the allocation and renewal of the allocation of units of fishing capacity in the South East Trawl Fishery. Unit holders are allowed access to the fishery when levy has been paid.
The regulations specify $60.46 as the amount of levy in respect of the allocation of a unit in the fishery and $32.56 in respect of the renewal of an allocation of a unit in the fishery.
The regulations will take effect on gazettal.
Overview
The Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1989, enacted by the authority of the Minister for Primary Industries and Energy, amends the Fisheries Levy Act 1984 to address issues related to the allocation and renewal of fishing capacity units in the South East Trawl Fishery. The Fisheries Levy Act established a levy on the allocation and renewal of units of fishing capacity to manage and regulate the fishery effectively. The South East Trawl Fishery Preliminary Management Plan defines the units of fishing capacity as measures of engine power and hull size of boats within the fishery. The regulations introduced under the Act set specific levy amounts for the allocation and renewal of these units, with $60.46 imposed for the allocation of a unit and $32.56 for the renewal of an allocation of a unit. These amendments aim to ensure that unit holders pay the required levy to gain access to the fishery, thereby supporting the sustainable management of the fishery.
Scope and Application
The Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) Statutory Rule 1989 No. 48 applies to persons or entities involved in the allocation and renewal of allocation of units of fishing capacity under the Fisheries Levy Act 1984, specifically within the South East Trawl Fishery. The legislation targets individuals and entities holding or seeking to hold units of fishing capacity, ensuring they comply with the financial obligations associated with these units. The regulation sets specific levy amounts for the allocation and renewal of these units, aligning with the provisions outlined in the South East Trawl Fishery Preliminary Management Plan. Geographically, the Act operates under the Commonwealth jurisdiction, extending its application across the national waters subject to the South East Trawl Fishery. The regulation does not explicitly mention any exclusions, exemptions, or thresholds beyond what is stipulated in the primary Act and the Preliminary Management Plan. The application of the levy is enforced through the regulations and may be further detailed or modified by subordinate instruments as necessary.
Key Provisions
The Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1989, under the Fisheries Levy Act 1984, introduce amendments to the levy provisions concerning the allocation and renewal of units of fishing capacity in the South East Trawl Fishery (sections 5(be) and 5(bd)). These units, as defined by the South East Trawl Fishery Preliminary Management Plan, are measures of the engine power and hull size of boats participating in the fishery. To gain access to the fishery, unit holders must pay the specified levy for the allocation and renewal of these units. The amendment sets the levy for the allocation of a unit at $60.46 and for the renewal of an allocation at $32.56, effective from the date of gazettal.
The regulations impose specific obligations on entities involved in the South East Trawl Fishery. Primarily, unit holders must ensure that the required levies are paid for the allocation and renewal of their units. Failure to do so would result in the denial of access to the fishery, thereby impacting their ability to operate within the fishery. Additionally, the regulations require that these levies be paid in accordance with the specified amounts, ensuring a standardised and transparent fee structure for all participants.
Breaching the requirements set out in the amended regulations can lead to several consequences. Firstly, non-payment of the levy for the allocation or renewal of units may result in the unit holder being barred from accessing the fishery. This restriction can significantly impact the livelihood of those who depend on the fishery for their income. Additionally, there are potential legal and administrative repercussions for non-compliance, including fines and other penalties as prescribed by the Fisheries Levy Act. Although the specific maximum penalties are not detailed in the explanatory statement, it is implied that such breaches could lead to substantial legal and financial consequences for the defaulting parties.
In summary, the Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1989 mandate the payment of specific levies for the allocation and renewal of units in the South East Trawl Fishery, ensuring that participants meet these financial obligations to maintain their access to the fishery. Non-compliance with these regulations can result in denial of access to the fishery and may incur additional legal and financial penalties.