Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1991 No. 313, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations. These regulations were enacted under the Fisheries Levy Act 1984, which addresses the issue of imposing a levy on the allocation and renewal of units of fishing capacity for the Southern Bluefin Tuna Fishery. The Southern Bluefin Tuna Fishery Management Plan governs the allocation of these units to individuals and their assignment to fishing boats, with unit holders gaining access to the fishery upon payment of the levy. The objective of the amendment is to adjust the levy amount specified in regulation 6 of the principal regulations, increasing it from $81.00 to $89.18 for each unit of fishing capacity for the 1991-92 southern bluefin tuna season. These regulations are a response to the need to regulate and manage the Southern Bluefin Tuna Fishery effectively, ensuring that the levy imposed aligns with the operational and management costs of the fishery for the specified season. The amendment seeks to maintain the balance between ensuring sufficient revenue for the management of the fishery and the financial burden on those participating in the fishery.

Scope and Application

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1991 No. 313 amends the existing Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations under the Fisheries Levy Act 1984. This legislation applies to individuals and entities involved in the allocation and renewal of units of fishing capacity in the Southern Bluefin Tuna Fishery, specifically targeting those who hold units of fishing capacity. The amendment increases the levy amount for each unit of fishing capacity from $81.00 to $89.18 for the 1991-92 season, thereby directly affecting those engaged in the tuna fishery within Australia's jurisdictional waters. The application of this Act extends to the Commonwealth level, ensuring uniform application across the national fishing industry. There are no exclusions, exemptions, or thresholds explicitly stated in the explanatory statement, though the regulations themselves may provide further clarification. The Act may be further extended or restricted through subordinate instruments issued under the authority of the relevant Minister.

Key Provisions

The key operative sections of the Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1991 No. 313 pertain primarily to the adjustment of the levy on units of fishing capacity for the 1991-92 season. Specifically, it amends regulation 6 of the principal regulations to increase the levy amount from $81.00 to $89.18 per unit of fishing capacity (reg. 6). This amendment is a response to the levy requirements outlined in paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984, which mandate the imposition of levy upon the allocation and renewal of units of fishing capacity for the southern bluefin tuna fishery. These regulations impose certain obligations on the parties involved in the southern bluefin tuna fishery. Unit holders are required to pay the specified levy in order to gain access to the fishery. This levy is essential for the management and regulation of the fishery, as stipulated by the Southern Bluefin Tuna Fishery Management Plan, which governs the allocation and assignment of fishing capacity units. By paying the levy, unit holders acknowledge their commitment to the sustainable management of the fishery and the adherence to the prescribed regulations. Breach of the requirements set forth in these regulations can result in various consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, it is likely that non-compliance with the levy provisions could lead to enforcement actions under the Fisheries Levy Act 1984. Such actions might include fines, legal proceedings, or other penalties as determined by the relevant authorities. The precise nature and extent of the penalties would be subject to the broader legislative framework and any applicable guidelines or interpretations provided by courts or administrative bodies. The amendment to the levy amount represents a straightforward adjustment to the economic framework governing the southern bluefin tuna fishery. By increasing the levy, the regulations aim to align with the operational costs and management needs of the fishery, ensuring that unit holders contribute appropriately to the ongoing management efforts. This amendment reflects a deliberate effort to maintain the sustainability and viability of the fishery, supporting the long-term objectives outlined in the Southern Bluefin Tuna Fishery Management Plan.