Fisheries Levy (South East Trawl Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1991 No. 114 amends the Fisheries Levy (South East Trawl Fishery) Regulations 1984 to reduce the levy payable on initial allocation and renewal of units of fishing capacity. This amendment was enacted to address inefficiencies identified in the management of the fishery, enabling a reduction in unnecessary costs and a corresponding decrease in the levy. The Fisheries Levy Act 1984 established the framework for imposing a levy on the allocation and renewal of units of fishing capacity, with the objective of recovering a significant portion of the management costs of each fishery. The policy objective of these amendments is to ensure that the levy accurately reflects the current management costs while promoting efficiency and sustainability in the fisheries sector.

Scope and Application

The Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1991 No. 114 amends the Fisheries Levy (South East Trawl Fishery) Regulations, which are subordinate to the Fisheries Levy Act 1984. These regulations apply to the allocation and renewal of units of fishing capacity under the South East Trawl Fishery Preliminary Management Plan, affecting entities involved in the South East Trawl Fishery. The amendments reduce the levy amounts payable from $90.60 to $57.14 for initial allocation and from $30.14 to $27.00 for renewal of allocation, effective from the date of the regulations' gazette. Similarly, the Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) reduces the levy from $570.00 to $500.00 for both initial allocation and renewal of allocation in the Southern Shark Fishery. Both sets of regulations aim to reflect the recovery of 90% of management costs for the respective fisheries. The changes are a result of a review that identified and eliminated unnecessary costs within the fisheries management framework. These regulations apply on a Commonwealth level, impacting entities and individuals involved in these fisheries across Australia.

Key Provisions

The Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1991 No. 114 (the Amendment) modifies the levy amounts for the allocation and renewal of units of fishing capacity under the South East Trawl Fishery, as prescribed by the Fisheries Levy Act 1984 (the Act). Under the original regulations, the levy for the initial allocation of a unit was $90.60 and for renewal, it was $30.14. These amounts are now reduced to $57.14 for initial allocation and $27.00 for renewal (Regulations 2.1 and 2.2). Similarly, the Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) reduces the levy for initial allocation and renewal from $570.00 to $500.00 (Regulations 2.1 and 2.2). The Amendment imposes specific obligations on the parties involved in the South East Trawl Fishery and Southern Shark Fishery. For the South East Trawl Fishery, these parties must now remit the amended levy amounts as per the new regulations (Regulation 2.1 and 2.2). For the Southern Shark Fishery, the same requirement applies, with the new levy amounts to be paid (Regulation 2.1 and 2.2). These amendments reflect the legislative intent to streamline costs and ensure that the levies remain aligned with the management costs of the respective fisheries. Failure to comply with the new levy requirements set out in the Amendment may result in civil and/or criminal consequences. The precise nature of these consequences is not detailed in the Amendment itself but would be governed by the general provisions of the Fisheries Levy Act 1984. Typically, non-compliance could result in fines or other penalties, although the exact penalties would depend on the specific circumstances of the breach and other applicable legislation. The Act provides for enforcement mechanisms to ensure adherence to the new levy rates.