Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations

Overview

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations 1985 were enacted to provide specific regulatory measures under the Fisheries Levy Act 1984, addressing the need for a structured levy system for the management of the southern bluefin tuna fishery. These regulations were introduced to ensure that the financial burden of managing this fishery is shared among the participants, thereby supporting the sustainable management of the fishery. Enacted by the authority of the Minister for Primary Industry, the primary policy objective of these regulations is to impose a levy on the grant of licences and the allocation or renewal of fishing capacity units, thereby generating revenue to cover a significant portion of the management costs associated with the fishery. This approach aims to promote the sustainable exploitation of the fishery while ensuring that the costs are equitably distributed among those who benefit from it.

Scope and Application

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations 1985 apply to the allocation and renewal of allocation of prescribed units of fishing capacity, as well as the grant of certain licences for the southern bluefin tuna fishery. This legislation is a subordinate instrument under the Fisheries Levy Act 1984 and specifically targets persons and entities involved in the allocation of fishing capacity and the issuance of prescribed licences for vessels operating within the southern bluefin tuna fishery. The regulations are designed to apply nationally, consistent with the jurisdictional scope of the primary Act. Notably, Regulation 4 specifies the licences under the Fisheries Act 1952 for boats to which units of fishing capacity have been assigned, while Regulation 5 outlines the units allocated according to the management plan. Regulation 6 sets the levy at $41.15 per unit of fishing capacity, which is intended to cover 38% of the estimated management costs of the fishery for the fiscal year 1985/86. This regulatory framework ensures that the levy collected will directly contribute to the management expenses of the fishery, thereby supporting sustainable fishing practices and conservation efforts.

Key Provisions

The Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations 1985 (the Regulations) are made under the authority of the Fisheries Levy Act 1984. These Regulations establish the framework for imposing a levy on certain activities related to the southern bluefin tuna fishery. Specifically, section 5(a) of the Act imposes a levy on the grant of licences in a prescribed class, while section 5(bc) and section 5(bd) impose a levy on the allocation or renewal of the allocation of prescribed units of fishing capacity. The amount of the levy is specified or calculated according to the Regulations. Under these Regulations, section 4 prescribes the licences under the Fisheries Act 1952 for boats to which units of fishing capacity have been assigned according to the management plan. Section 5 prescribes the units allocated according to the management plan for purposes of the levy. The levy is set at the rate of $41.15 for each unit of fishing capacity assigned to a boat with a prescribed licence in force or for each prescribed unit of fishing capacity allocated to a person, as outlined in section 6. The levy amount is designed to cover 38% of the estimated cost of managing the southern bluefin tuna fishery in the 1985/86 period. The Regulations impose certain obligations on the parties involved in the southern bluefin tuna fishery. Licence holders and those allocated units of fishing capacity must pay the specified levy for each unit assigned or allocated to them. The levy is a financial contribution intended to support the management costs of the fishery. The Fisheries Management Authority is responsible for collecting the levy from the relevant parties. This obligation ensures that the necessary funds are available for the management and conservation of the fishery. Breach of the obligations set out in these Regulations may result in legal consequences. While the specific provisions for enforcement are not detailed in the explanatory statement, it can be inferred that non-compliance with the levy requirements could lead to penalties. Although the exact penalties are not specified in the statement, under Australian administrative law, breaches of regulations typically result in fines. The maximum penalties would depend on the severity of the breach and any applicable legislation governing the Fisheries Management Authority’s enforcement powers. It is also possible that ongoing non-compliance could lead to the suspension or revocation of fishing licences, thereby preventing the offender from participating in the fishery until the outstanding levies are paid.