Fisheries Levy (South Western Sector Trawl Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations 1991, made under the authority of the Minister of State for Primary Industries and Energy, were introduced to address issues related to the management and sustainability of the South Western Sector Trawl Fishery, specifically targeting the funding of research and surveillance efforts within this sector. These regulations amend the amount of the levy imposed on licences in the South Western Sector Trawl Fishery, aligning with the Fisheries Levy Act 1984, which mandates the imposition of a levy on licence endorsements. The objective is to ensure adequate funding for research and monitoring activities, crucial for maintaining the balance and health of the fishery, particularly in light of the significant number of compliance breaches observed in the preceding season. This legislative action aims to enhance the effectiveness of fisheries management and enforcement within this sector.

Scope and Application

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations 1991 No. 111 applies to entities and individuals who hold a licence endorsed under the Fisheries Levy Act 1984, specifically within the South Western Sector Trawl Fishery. The Act, which is governed at the Commonwealth level, imposes a levy on the endorsement of a licence for this particular fishery, as prescribed under the Fisheries Act 1952. The regulations provide for the levy amount, which was amended to increase from $14.74 to $26.00 per unit of fishing capacity, reflecting the costs associated with increased surveillance and enforcement following breaches observed in the fishery. The levy funds research and surveillance activities aimed at managing the fishery, particularly for species like Orange Roughy. These regulations extend their application across the specified fishery sector and are effective as of 1 June 1991. The amendments to the levy amount are detailed and implemented through subordinate instruments, as outlined in the regulations.

Key Provisions

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations 1991 (the Regulations) provide specific details about the imposition of a levy on certain fishing licenses under the Fisheries Levy Act 1984 (the Act). Regulation 1 states that the Regulations come into effect on 1 June 1991. Regulation 2 specifies that these Regulations amend the existing Fisheries Levy (South Western Sector Trawl Fishery) Regulations. Regulation 3 redefines the term "notice" to refer to Fisheries Notice No. SET2, which was published in the Gazette on 20 February 1991. Regulation 4, which took effect on 1 June 1991, increases the levy payable from $14.74 to $26.00 per unit of fishing capacity assigned to a boat under the South East Trawl Fishery Preliminary Management Plan. This levy is applicable to the South West Sector Trawl Fishery, an area covered by Fisheries Notice No. SET2. The obligations imposed by the Act and the Regulations on the parties involved, primarily fishing license holders and the relevant authorities, include the payment of the specified levy amount by the license holders. The levy is calculated based on the fishing capacity of the boats, as defined by the South East Trawl Fishery Preliminary Management Plan. The authorities, such as the fishery managers and relevant government departments, are responsible for ensuring the correct application and collection of the levy, as well as overseeing the use of the levy funds for research and surveillance activities. License holders must comply with the terms of their licenses, including the payment of the applicable levy, and adhere to the conditions set out in the Fisheries Notice No. SET2. In the event of non-compliance with the provisions of the Act and the Regulations, there may be several consequences. The Act does not explicitly state penalties for non-payment of the levy or other breaches, but it is reasonable to assume that such breaches could lead to civil or criminal penalties under other relevant legislation. The maximum penalties for offences related to fisheries management and licensing can vary widely, but they may include fines, imprisonment, or both, depending on the severity and frequency of the breach. Additionally, persistent non-compliance could result in the suspension or revocation of fishing licenses, further impacting the ability of the license holder to engage in the trawl fishery.