Fisheries Levy (Southern Shark Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) Statutory Rules 1990 No. 49 were enacted to address the need for an adjustment in the levy rates for the Southern Shark Fishery, as stipulated under the Fisheries Levy Act 1984. The amendment was issued by the authority of the Minister of State for Primary Industries and Energy and aims to ensure that the levy adequately reflects the costs associated with managing the fishery. The increase in the levy amount from $350 to $570 per unit of fishing capacity for the 1990 southern shark fishery season responds to rising marginal costs, a decrease in the number of unit holders, and a government policy shift to recover 90% of these costs from the industry. The Regulation was designed to provide a fair and sustainable financial contribution from the industry towards the management of the fishery, ensuring its viability and sustainability.

Scope and Application

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) Statutory Rules 1990 No. 49, issued under the authority of the Minister of State for Primary Industries and Energy, pertain to the levy imposed on the allocation and renewal of units of fishing capacity within the Southern Shark Fishery. This Act applies to all entities involved in the allocation and renewal of units of fishing capacity as specified in the Southern Shark Fishery Management Plan, where each unit represents a gillnet of a designated size and access is contingent on the payment of the levy. The regulation applies to the Commonwealth of Australia, with the levy being specifically tailored to the Southern Shark Fishery. Notably, the regulation increases the levy amount for each unit from $350 to $570, reflecting various factors including marginal cost increases, changes in the number of unit holders, and the government’s policy shift to recover 90% of costs from the industry. The amendment came into effect upon gazettement, marking its jurisdictional reach and application from the specified date.

Key Provisions

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) 1990, under the Fisheries Levy Act 1984, primarily revises the levy rates applicable to the allocation and renewal of units of fishing capacity for the Southern Shark Fishery. Specifically, section 5(bc) of the Act imposes a levy on the allocation of units, while section 5(bd) imposes a levy on the renewal of these allocations (s. 5). The levy is directly linked to the management and operational costs of the fishery, ensuring that the industry contributes to the expenses associated with managing the fishery. The regulations detail the financial obligations of the parties involved. Unit holders, who are granted access to the fishery upon payment of the levy, must pay the increased levy rate of $570 per unit for the 1990 season. This levy increase reflects the rising operational costs, reduced number of contributing unit holders, and a government policy shift towards higher cost recovery from the industry (s. 5). The levy must be paid for both initial allocations and renewals to maintain legal access to the fishery. Failure to comply with the levy requirements can result in serious consequences. The Act does not explicitly detail the penalties for non-compliance in the provided text, but generally, under the Fisheries Levy Act 1984, breaches can lead to both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, reflecting the seriousness of non-compliance with fisheries management regulations. The exact penalties would depend on the specific breach and the provisions of the Fisheries Levy Act 1984. The regulatory framework ensures that the levy is adequately collected to support the sustainable management of the Southern Shark Fishery.