Fisheries Levy (Southern Shark Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) Statutory Rule 1989 No. 15, issued under the authority of the Minister for Primary Industries and Energy, amends the Fisheries Levy Act 1984 to address specific issues related to the levy on the allocation and renewal of units of fishing capacity within the Southern Shark Fishery. This amendment follows the provisions outlined in paragraphs 5(bc) and (bd) of the Levy Act, which already impose a levy on the allocation and renewal of such units, as stipulated in the Southern Shark Fishery Management Plan. The plan delineates the terms under which units, each corresponding to an entitlement to use a gillnet of a designated size, are allocated and renewed. Unit holders are granted access to the fishery upon payment of the prescribed levy. The regulations set the levy amount at $350 for both the allocation and renewal of units, ensuring compliance with the legislative framework governing the fishery. These amendments aim to streamline the regulatory process and maintain the sustainability of the Southern Shark Fishery by ensuring that all unit holders contribute appropriately through the specified levy.

Scope and Application

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) Statutory Rule 1989 No. 15, issued under the authority of the Minister for Primary Industries and Energy, amends the existing Fisheries Levy Act 1984. The Act applies to any person or entity involved in the allocation and renewal of units of fishing capacity within the Southern Shark Fishery, ensuring that these activities are subject to a specified levy. This levy is intended to regulate access to the fishery, ensuring that unit holders pay the required amount to maintain their entitlement to use a gillnet of a designated size. The regulation sets the levy amount at $350 for both the allocation and renewal of units, which will be payable in accordance with the Southern Shark Fishery Management Plan. The regulations apply nationally and will take effect immediately upon gazettal, thereby extending the application of the Levy Act to include these updated levy rates.

Key Provisions

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) Statutory Rule 1989 No. 15 amends the Fisheries Levy Act 1984 by adjusting the levy imposed on the allocation and renewal of allocation of units of fishing capacity in the Southern Shark Fishery. Section 5(bc) of the Act refers to the levy on the allocation of units, while section 5(bd) pertains to the levy on the renewal of such allocations (paragraphs 5(bc) and (bd)). The Southern Shark Fishery Management Plan regulates the allocation and renewal process of these units, where each unit allows the holder to use a gillnet of a specified size, subject to the payment of the levy. These regulations mandate that a levy of $350 is to be imposed on both the initial allocation and the renewal of fishing capacity units in the Southern Shark Fishery. This levy must be paid to gain access to the fishery, as outlined in the Southern Shark Fishery Management Plan. The amendment ensures that all parties involved in the allocation and renewal process are fully aware of their financial obligations under the Levy Act. The obligations placed on the entities governed by these regulations include ensuring that the prescribed levy is paid in full before any allocation or renewal of units takes place. The levy must be settled as a condition of accessing the fishery, and non-compliance could result in the denial of access. It is imperative that all unit holders and stakeholders adhere to these financial obligations to maintain their rights to fish in the Southern Shark Fishery. Breach of these provisions may result in significant consequences. The Act does not specify exact penalties for non-payment of the levy, but failure to comply with the financial obligations could result in the suspension or revocation of fishing rights. Additionally, there may be civil or criminal repercussions, depending on the severity of the breach and any relevant state or territory laws. The maximum penalties, however, are not explicitly stated within the provided text.