Fisheries Levy (Southern Shark Fishery) Regulations

Overview

The Fisheries Levy (Southern Shark Fishery) Regulations 1984 were enacted to address the need for a structured financial contribution towards the management and sustainable use of the Southern Shark Fishery in Australia. This legislation was introduced under the authority of the Parliament of Australia, specifically to implement provisions outlined in the Fisheries Levy Act 1984. The primary objective of these regulations is to generate revenue through a levy on the allocation and renewal of fishing units within the Southern Shark Fishery, which is intended to support the ongoing management costs and conservation efforts for this fishery. The levy of $250 per allocation and renewal of units in the Southern Shark Fishery is intended to ensure that the financial burden of managing this fishery is shared appropriately among those who benefit from its resources.

Scope and Application

The Fisheries Levy (Southern Shark Fishery) Regulations 1988 apply to persons and entities involved in the allocation and renewal of allocation of units in the Southern Shark Fishery, as determined under the Fisheries Management Act 1991 and the Southern Shark Fishery Management Plan. These regulations extend to the entire Commonwealth of Australia, governing the activities within Australia’s jurisdictional waters. The levy applies specifically to those who are allocated or seek to renew their allocation of units, with each unit allowing the use of a gillnet of a specified size within the fishery. The imposition of a levy of $250 on each allocation and renewal is stipulated under the Fisheries Levy Act 1984. The regulations do not specify exclusions or exemptions but operate under the authority granted by the Minister for Primary Industries and Energy. The application and enforcement of these regulations may be further detailed or modified through subordinate instruments as required by the relevant legislative framework.

Key Provisions

The main operative sections of the Fisheries Levy (Southern Shark Fishery) Regulations 1984 (the "Regulations") pertain to the imposition of a levy under paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984 (the "Act"). Specifically, section 5(bc) imposes a levy of $250 on the allocation of units, while section 5(bd) imposes the same levy on the renewal of an allocation of units within the Southern Shark Fishery. These units, as detailed in Plan of Management No. 18 (the "Plan"), represent an entitlement to use a gillnet of a designated size. These provisions ensure that those participating in the fishery contribute to the management and sustainability of the fishery through the specified levy. The Regulations impose obligations on parties or entities involved in the allocation and renewal of units in the Southern Shark Fishery. Under the Act, these parties must pay the levy as stipulated in the Regulations. This requirement is integral to the management of the fishery, ensuring that financial contributions are made to support the sustainable management of the fishery. The levy is designed to cover the costs associated with the administration and enforcement of the fishery management plan. In terms of penalties and consequences, the Regulations do not explicitly detail the specific offences or penalties for non-compliance with the levy requirements. However, it is implied that failure to pay the levy as required under the Act could result in legal consequences. Given the regulatory framework, non-compliance might be considered a breach of the Fisheries Levy Act 1984, which could lead to enforcement actions by the relevant authorities. Although the exact penalties are not stated in the Regulations, they could include fines or other civil remedies to ensure compliance with the financial obligations imposed. The seriousness of the breach and the discretion of the court would determine the specific penalties imposed.