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

Overview

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1989, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Fisheries Levy Regulations to adjust the levy amount for the allocation and renewal of units of fishing capacity in the Southern Bluefin Tuna Fishery. Enacted in 1984, the Fisheries Levy Act was introduced to provide a financial mechanism to manage and regulate the Southern Bluefin Tuna Fishery, ensuring the levy is imposed on the allocation and renewal of fishing capacity units as specified in the Southern Bluefin Tuna Fishery Management Plan. The policy objective of the 1989 amendment was to reflect the economic and operational changes within the fishery by reducing the levy from $94 to $74.70 for each unit of fishing capacity for the 1989/90 season, thereby addressing the need for a more sustainable financial structure for the fishery.

Scope and Application

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) Statutory Rules 1989 No. 410 applies to persons and entities engaged in the Southern Bluefin Tuna fishery, specifically targeting the allocation and renewal of units of fishing capacity. This legislation is an amendment to the Fisheries Levy Act 1984, which imposes a levy on the allocation and renewal of units of fishing capacity for the Southern Bluefin Tuna fishery. This Act applies to any person or entity that holds or seeks to hold a unit of fishing capacity, directly impacting those who participate in the fishery and are subject to the Southern Bluefin Tuna Fishery Management Plan. The regulation is geographically specific to the Commonwealth of Australia and is designed to manage and control the fishing capacity in the Southern Bluefin Tuna fishery. The regulation specifies the levy amount, which has been adjusted for the 1989/90 season from $94 to $74.70 per unit of fishing capacity. The regulation took effect upon gazette and applies until otherwise amended or repealed.

Key Provisions

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations (Amendment) provide amendments to the existing provisions under the Fisheries Levy Act 1984 (sections 5(bc) and 5(bd)). These sections detail the requirements and procedures for imposing a levy on the allocation and renewal of units of fishing capacity in the Southern Bluefin Tuna Fishery. The levy is applicable to the units of fishing capacity that are prescribed under these sections, ensuring that those who hold or seek to hold these units are contributing financially to the management and sustainability of the fishery. The levy amount for the 1989/90 season has been specified in the Regulation, reflecting a reduction from the previous rate of $94 to $74.70 per unit. The obligations imposed by these regulations primarily focus on the financial contributions from those who hold or wish to hold units of fishing capacity. Specifically, entities or individuals who are allocated or renew their allocation of units must pay the specified levy to be granted access to the fishery. This levy payment is a condition of accessing the fishery, ensuring that all participants contribute to the management and sustainability of the fishery. This requirement is clearly outlined in the Southern Bluefin Tuna Fishery Management Plan, which governs the allocation and assignment of these units to persons and boats. The Fisheries Levy Act 1984 and the associated regulations impose certain obligations on the parties involved. Firstly, those who are allocated units of fishing capacity, as well as those seeking to renew their allocation, must ensure that the specified levy is paid. Failure to pay this levy will result in the unit holder not being granted access to the fishery. Additionally, the Minister of State for Primary Industries and Energy has the authority to enforce these provisions through the issuance of statutory rules. Compliance with these obligations is essential for maintaining the integrity of the fishery management plan and ensuring that all participants contribute to the fishery's sustainability. Breaches of the provisions under the Fisheries Levy Act 1984 can lead to civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, under Australian legislation, non-compliance with such regulations typically results in fines. The exact amount of the fine can depend on the severity of the breach and the discretion of the court. Additionally, persistent or significant breaches may lead to more severe penalties, including potential criminal charges. These consequences are intended to enforce compliance and ensure that all participants in the fishery contribute appropriately to its management and sustainability.