Fisheries Levy (Western and North Western Deep-Water Trawl Fisheries) Regulations

Overview

The Fisheries Levy (North West Slope Trawl Fishery) Regulations 1990, issued under the authority of the Minister of State for Primary Industries and Energy, were enacted to address the need for recovering management costs associated with the newly established North West Slope Trawl Fishery. This regulation aligns with the Fisheries Levy Act 1984, which was introduced to provide a framework for imposing a levy on certain fishing licence endorsements to fund the management of fisheries. The policy objective is to ensure that the costs of administering and managing these fisheries, including administrative tasks, consultation with the industry, and research activities, are effectively recovered through the specified levy. This regulatory measure supports the sustainable management of fisheries resources in the designated area off the western and north-western coast of Australia.

Scope and Application

The Fisheries Levy (North West Slope Trawl Fishery) Regulations apply to licences granted under the Fisheries Act 1952, specifically those endorsed under the new management arrangements for fisheries in waters off western and north-western Australia, as implemented by Fisheries Notice No. NWS1. This includes entities and persons involved in the North West Slope Trawl Fishery, which encompasses the shallower areas of the newly created fisheries. The scope of the Act is limited to the imposition of a levy to recover management costs for the fishery, covering activities such as administration, consultative meetings with industry, research, data collection, and processing. The geographic reach of these regulations is specifically tailored to the waters off western and north-western Australia, as delineated by the new management arrangements. There are no stated exclusions, exemptions, or thresholds within the provided text, but the application of the levy is contingent upon the specific class of endorsements prescribed under the Fisheries Levy Act 1984. The Act extends its application through subordinate instruments such as the Fisheries Notice No. NWS1, which provides the framework for the new fisheries and their management.

Key Provisions

The Fisheries Levy (North West Slope Trawl Fishery) Regulations, under the Fisheries Levy Act 1984, establish the levy on endorsements of licences for the North West Slope Trawl Fishery (Regulation 1). These regulations specifically define key terms such as "endorsement," "licence," "Notice," and "the Act" to clarify their application (Regulation 2). Regulation 3 identifies the specific endorsements to which the levy applies, while Regulation 4 sets the levy amount at $4,100 per endorsement (Regulation 4). Finally, Regulation 5 repeals the previous Fisheries Levy (North West Shelf Deep-water Trawl Fishery) Regulations to streamline the regulatory framework for the new fisheries management arrangements. The regulations impose clear obligations on parties holding or applying for a licence endorsement within the North West Slope Trawl Fishery. These obligations include the payment of the specified levy amount of $4,100 for each endorsement on a licence, as outlined in Regulation 4. Licence holders must ensure that their endorsements comply with the new management arrangements, as revised and implemented by Fisheries Notice No. NWS1. The regulations also require that all relevant administrative, consultative, and research activities are undertaken to manage the fishery effectively. Failure to comply with the provisions of the Fisheries Levy (North West Slope Trawl Fishery) Regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the provided text, it is clear that non-compliance could lead to enforcement actions under the Fisheries Levy Act 1984 and the Fisheries Act 1952. These could include fines, legal proceedings, or other administrative sanctions as deemed appropriate by the relevant authorities. The maximum penalties, however, are not explicitly stated in the provided excerpt.