Fisheries Levy (Southern Shark Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) 1991 No. 113, issued under the authority of the Minister of State for Primary Industries and Energy, amended the Fisheries Levy (South East Trawl Fishery) Regulations and the Fisheries Levy (Southern Shark Fishery) Regulations. These regulations were enacted to address the need for levy adjustments in response to the management efficiencies identified in the Fisheries Levy Act 1984. The policy objective of the amendments was to reduce the levy payable on the allocation and renewal of units of fishing capacity for both fisheries, aligning the levy more closely with the actual management costs. This was achieved through a close examination of the fisheries’ management practices, leading to the elimination of unnecessary costs, thereby ensuring the levy recovers 90% of the management costs of each fishery.

Scope and Application

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) 1991 No. 113 applies to entities involved in the Southern Shark Fishery, specifically those who are allocated units of fishing capacity. This amendment pertains to the imposition of a levy on the allocation and renewal of units of fishing capacity, which are prescribed for the purposes of the Fisheries Levy Act 1984. The regulations seek to recover 90% of the management costs of the fishery by adjusting the levy amounts, reflecting a reduction following a review of management practices that identified areas of cost savings. The amendment reduces the levy payable on both initial allocation and renewal of allocation of units from $570.00 to $500.00. These changes are part of a broader set of amendments to the Fisheries Levy (South East Trawl Fishery) Regulations, which similarly reduce levy amounts from $90.60 to $57.14 for initial allocation and from $30.14 to $27.00 for renewal of allocation. The amendments are effective across the Commonwealth of Australia and extend the application of the Fisheries Levy Act 1984 by modifying the associated regulations.

Key Provisions

The Fisheries Levy (Southern Shark Fishery) Regulations (Amendment) 1991 No. 113, along with the Fisheries Levy (South East Trawl Fishery) Regulations (Amendment) 1991 No. 113, amends the existing regulatory framework governing the Fisheries Levy for two specific fisheries: the South East Trawl Fishery and the Southern Shark Fishery (section 1). The primary change introduced by these amendments is the reduction in the amount of the levy imposed on the allocation and renewal of units of fishing capacity. For the South East Trawl Fishery, the levy for initial allocation has been reduced from $90.60 to $57.14, and the levy for the renewal of allocation has been reduced from $30.14 to $27.00 (regulation 2.1 and 2.2). Similarly, for the Southern Shark Fishery, the levy for both initial allocation and renewal of allocation has been reduced from $570.00 to $500.00 (regulation 2.1 and 2.2). These amendments to the regulations are intended to reflect a more efficient management approach for the respective fisheries, which has been achieved by eliminating unnecessary costs (explanatory statement). The regulations detail these changes and came into effect upon gazette. The levy is a mechanism to recover 90% of the management costs associated with each fishery, and the reductions in the levy rates suggest an optimisation in the cost structure of the fisheries management. The obligations imposed by these regulations primarily concern the entities or individuals involved in the allocation and renewal of units of fishing capacity within the specified fisheries. They are required to comply with the amended levy rates as stipulated in the regulations, ensuring that the correct amount of levy is paid during these processes (subsection 6(1) of the Fisheries Levy Act 1984). The regulations specify the exact amounts to be levied, which are now reduced as per the amendments. This change means that the parties involved must adjust their financial planning and budgeting to account for the new levy rates. Failure to comply with the amended levy rates could result in legal consequences. Although the explanatory statement does not explicitly outline specific offences or penalties, it is implied that non-compliance with regulatory requirements could lead to enforcement actions under the Fisheries Levy Act 1984. Typically, such breaches could result in financial penalties, legal proceedings, or other administrative actions as determined by the relevant authorities. The exact penalties would depend on the specific circumstances of the breach and the provisions of the Fisheries Levy Act 1984, but they could potentially include fines or other civil or criminal sanctions for non-compliance with regulatory requirements.