Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L01802 Regulations In force Legislative Instrument

Legislation content

Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016

made under the

Fisheries Levy Act 1984

Compilation No. 9

Compilation date: 20 December 2025

Includes amendments: F2025L01631

About this compilation

This compilation

This is a compilation of the Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 that shows the text of the law as amended and in force on 20 December 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Definitions

6 Prescribed units of fishing capacity

7 Prescribed licences

8 Amount of levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This is the Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016.

3  Authority

  This instrument is made under the Fisheries Levy Act 1984.

5  Definitions

 (1) In this instrument:

Levy Act means the Fisheries Levy Act 1984.

PNG unit has the same meaning as in the Torres Strait Prawn Fishery Management Plan 2009.

Torres Strait Prawn Fishery means the fishery to which the Torres Strait Prawn Fishery Management Plan 2009 applies.

TSF Act means the Torres Strait Fisheries Act 1984.

 (2) A reference in this instrument to units of fishing capacity does not include a reference to PNG units.

6  Prescribed units of fishing capacity

  For the purposes of paragraphs 5(bc) and (bd) of the Levy Act, units of fishing capacity for the Torres Strait Prawn Fishery under the plan of management in force for that fishery are prescribed.

Note 1: See subsection 3(2) of the Levy Act for the meaning of unit of fishing capacity.

Note 2: The plan of management for the Torres Strait Prawn Fishery is determined under section 15A of the TSF Act.

7  Prescribed licences

  For the purposes of paragraphs 5(d) and (f) of the Levy Act, a licence that:

 (a) is granted under subsection 19(2) of the TSF Act; and

 (b) authorises the taking, carrying, or processing and carrying of prawn in the Torres Strait Prawn Fishery; and

 (c) allows the boat in respect of which the licence was granted to be used for commercial fishing for prawn in the Fishery;

is prescribed.

8  Amount of levy

 (1) This section applies for the purposes of subsection 6(1) of the Levy Act.

Licences—grant

 (2) The amount of levy imposed on the grant of a licence prescribed by section 7 to a person is $2,047.31 plus $18.96 for each unit of fishing capacity prescribed by section 6 allocated to the person in respect of the licence.

Licences—renewal

 (3) The amount of levy imposed on the renewal of a licence prescribed by section 7 to a person is $2,047.31 plus $18.96 for each unit of fishing capacity prescribed by section 6 to be held by the person in respect of the renewed licence.

Units of fishing capacity—allocation

 (4) The amount of levy imposed on the allocation of a unit of fishing capacity prescribed by section 6 (other than a unit of fishing capacity referred to in subsection (2) or (3) of this section) is $18.96 for each unit of fishing capacity allocated.

Units of fishing capacity—renewal of allocation

 (5) The amount of levy imposed on the renewal of the allocation of a unit of fishing capacity prescribed by section 6 (other than a unit of fishing capacity referred to in subsection (2) or (3) of this section) is $18.96 for each unit of fishing capacity the allocation of which is renewed.

Note: See section 7 of the Levy Act for the person who is liable to pay the levy.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016

25 Nov 2016 (F2016L01802)

26 Nov 2016 (s 2(1) item 1)

 

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2017

3 Nov 2017 (F2017L01424)

4 Nov 2017 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2018

26 Oct 2018 (F2018L01475)

27 Oct 2018 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2019

3 Dec 2019 (F2019L01561)

4 Dec 2019 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2020

16 Dec 2020 (F2020L01619)

17 Dec 2020 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2021

30 Nov 2021 (F2021L01639)

1 Dec 2021 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2022

15 Dec 2022 (F2022L01654)

16 Dec 2022 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2023

15 Dec 2023 (F2023L01678)

16 Dec 2023 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2024

6 Dec 2024 (F2024L01586)

7 Dec 2024 (s 2(1) item 1)

Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2025

19 Dec 2025 (F2025L01631)

20 Dec 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5.....................

am F2017L01424; F2018L01475

s 7.....................

am F2018L01475

s 8.....................

am F2017L01424; F2018L01475; F2019L01561; F2020L01619; F2021L01639; F2022L01654; F2023L01678; F2024L01586; F2025L01631

Schedule 1................

rep LA s 48C

 

Overview

The Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 was made under the Fisheries Levy Act 1984 by the Parliament of Australia. This regulation addresses the need to impose and collect a levy on the grant, renewal, allocation, and renewal of the allocation of specified licences for the Torres Strait Prawn Fishery. The regulation sets the amount of the levy imposed on the grant, renewal, allocation, and renewal of the allocation of these licences, ensuring that the revenue generated supports the management and sustainability of the fishery. The primary policy objective of the regulation is to provide a stable and predictable revenue stream for the management of the Torres Strait Prawn Fishery, while also ensuring that the fishing industry contributes to the costs associated with its management. The regulation defines key terms such as "PNG unit" and "Torres Strait Prawn Fishery," prescribes units of fishing capacity and specific licences, and specifies the amount of the levy to be imposed. This regulatory framework ensures that the levy is applied consistently and fairly, supporting the overall sustainability and responsible management of the fishery. The regulation also includes provisions for the amendment of levy amounts, reflecting changes in the economic and operational environment of the fishery.

Scope and Application

The Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 is made under the Fisheries Levy Act 1984 and applies to the Torres Strait Prawn Fishery, specifically targeting those entities and individuals involved in the commercial fishing of prawns within the designated fishery. The regulation sets out the amount of levy imposed on various activities such as the grant and renewal of licences, and the allocation and renewal of units of fishing capacity. The levy amount is calculated based on a fixed base fee and an additional fee per unit of fishing capacity. The regulation also provides for the exclusion of certain units of fishing capacity, such as PNG units, from the definition of units of fishing capacity for levy purposes. The geographic reach of this regulation is confined to the waters and areas specified in the Torres Strait Prawn Fishery Management Plan 2009. The application of this regulation may be further refined or extended by subordinate instruments, such as the amendments made to adjust the levy amount over the years. These amendments are listed in the legislation history and amendment history endnotes, detailing how the regulation has evolved to reflect changes in the fishery or legislative intent.

Key Provisions

The Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 (the Regulations) primarily outlines the levy amounts imposed on the grant, renewal, and allocation of licences and units of fishing capacity under the Torres Strait Prawn Fishery, as specified in sections 5, 6, and 7 of the Fisheries Levy Act 1984 (the Levy Act). Section 8 of the Regulations details the specific amounts of the levy for each of these activities. For instance, section 8(2) states that the levy for the grant of a licence is $2,047.31 plus $18.96 for each unit of fishing capacity allocated to the person in respect of the licence. The Regulations impose certain obligations on the parties involved in the Torres Strait Prawn Fishery. Firstly, they require that any licence issued under the Torres Strait Fisheries Act 1984, which authorises the taking, carrying, or processing and carrying of prawn in the fishery, must be subject to the levy as prescribed by the Regulations. Additionally, the Regulations mandate that any allocation of units of fishing capacity must also comply with the specified levy amounts. These obligations ensure that all activities related to prawn fishing in the Torres Strait Prawn Fishery are appropriately taxed under the Levy Act. The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it is understood that any failure to comply with the levy requirements as stipulated in the Levy Act and the Regulations could potentially result in legal actions. The Levy Act, under which these Regulations are made, likely provides for penalties for non-compliance, which may include fines or other civil or criminal penalties as prescribed by law. The precise nature and extent of these penalties would need to be referred to in the Levy Act itself. In summary, the Regulations detail the specific levy amounts for various activities within the Torres Strait Prawn Fishery and impose obligations on the parties involved to ensure compliance with these levy requirements. Non-compliance with the levy requirements may lead to legal consequences as provided under the Levy Act.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.