Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amounts) Regulation 2015

Overview

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amounts) Regulation 2015 was enacted to adjust the levy amounts for the 2016 fishing season in the Torres Strait Prawn Fishery. This amendment responds to the need for a more cost-effective licensing system and utilises a budget surplus from the previous financial year. The regulation was issued under the authority of the Minister for Agriculture and Water Resources and aligns with the broader policy objectives of the Fisheries Levy Act 1984, which is to impose and manage the levy in a way that supports the sustainable management of the fishery while ensuring fair access and affordability for industry participants. The decrease in levy amounts aims to streamline the licensing process and reflect a more efficient use of budget resources, as confirmed through consultations with the Torres Strait Prawn Management Advisory Committee and the Office of Best Practice Regulation.

Scope and Application

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amounts) Regulation 2015 amends the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 by reducing the annual levy for the 2016 fishing season. This regulation applies to any person or entity that holds or seeks to obtain a fishing licence or units of fishing capacity within the Torres Strait Prawn Fishery. The Amendment Regulation specifically targets the levies imposed on the grant or renewal of licences and the allocation and renewal of units of fishing capacity under the Torres Strait Fisheries Act 1984. It applies across the Commonwealth of Australia, as it is an instrument made under the Fisheries Levy Act 1984, which has a national reach. The regulation does not provide for any exclusions or exemptions; however, it is noted that the decreased levy rates are applicable only for the 2016 fishing season. The Amendment Regulation extends the application of the Fisheries Levy Act 1984 through subordinate instruments, specifically by amending the Principal Regulations.

Key Provisions

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amounts) Regulation 2015 (the Amendment Regulation) amends the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 (the Principal Regulations). Section 8 of the Fisheries Levy Act 1984 allows the Governor-General to make regulations imposing a levy and specifying the levy amount. The Amendment Regulation decreases the levy for the 2016 fishing season. Specifically, Section 1 provides the name of the Regulation, Section 2 outlines the commencement date, Section 3 cites the authority from the Fisheries Levy Act 1984, and Section 4 references the Schedules that amend the Principal Regulations. Under the Amendment Regulation, the levy for licences granted or renewed in the Torres Strait Prawn Fishery (TSPF) decreases from $3573.12 to $2740.62 per licence, a reduction of $832.50 per licence (Schedule 1, Item 1). Similarly, the levy for each individual allocated fishing unit decreases from $24.05 to $18.56 per unit, a reduction of $5.49 per unit (Schedule 1, Item 2). These decreases reflect the streamlining of licensing services and a surplus from the 2014-15 budget. The levies are annual and are intended to recover the costs of managing the TSPF. Importantly, licences cannot be issued until the respective levy is paid. The obligations imposed by the Amendment Regulation are primarily financial. Licence holders and entities holding units of fishing capacity must now pay the adjusted levy amounts specified in the Regulation. This decrease in levies is tied to the 2016 fishing season and is effective from the day after the Amendment Regulation is registered. The Regulation ensures that the updated levy rates are enforced, thereby maintaining the financial management framework for the TSPF. The Amendment Regulation does not explicitly outline specific offences or penalties for non-compliance with the reduced levy amounts. However, it is implied that failure to pay the adjusted levies would contravene the conditions for issuing and renewing licences under the Torres Strait Fisheries Act 1984. Any breach of these conditions could result in legal actions, including potential fines or other civil consequences as stipulated by the relevant governing legislation. The precise penalties would be determined in accordance with the broader regulatory framework governing fisheries management in Australia.