Fisheries Levy (Western Deep-Water Trawl Fishery) Regulations (Amendment)

Overview

The Fisheries Levy (Western Deep-Water Trawl Fishery) Regulations (Amendment) 1989, issued under the authority of the Minister for Primary Industries and Energy, was enacted to address the financial management challenges associated with the Western Deep-Water Trawl Fishery (WDWTF). This legislation amends the existing Fisheries Levy Act 1984 to adjust the levy imposed on endorsements of fisheries licences for the WDWTF, reflecting the changing dynamics of the fishery. The policy objective is to ensure that the costs associated with the management of the fishery are appropriately recovered from licence holders, particularly in light of the reduced number of endorsement holders and the decision by the Fishing Industry Research and Development Council to cease funding for analysis of catch reports for this fishery. The regulations will be effective from the date of gazette.

Scope and Application

The Fisheries Levy (Western Deep-water Trawl Fishery) Regulations (Amendment) under the Fisheries Levy Act 1984 applies specifically to persons or entities holding a fisheries licence endorsed for the Western Deep-water Trawl Fishery, as defined under the Fisheries Act 1952. The act is concerned with the imposition of a levy to cover the management costs associated with this particular fishery, which is managed by an industry/government advisory committee and overseen by the Minister for Primary Industries and Energy. The levy is designed to ensure that the costs of managing this fishery are recovered from those who directly benefit from it. The geographic reach of the Act is limited to the waters designated for the Western Deep-water Trawl Fishery, thus applying within the jurisdictional boundaries of the Commonwealth of Australia. There are no stated exclusions or exemptions detailed within the provided text, and the application of the levy is directly tied to the number of endorsements issued under the approved WDWTF Development plan. The Act may extend or restrict its application through subordinate instruments, as evidenced by the specific amendment noted for the 1989/90 season, where the levy amount was adjusted to $3,700 per endorsement.

Key Provisions

The main operative sections of the Fisheries Levy (Western Deep-water Trawl Fishery) Regulations (Amendment) 2004 include section 5(b) of the Fisheries Levy Act 1984, which mandates the imposition of a levy upon the endorsement under the Fisheries Act 1952 of a fisheries licence, specifically for the Western Deep-water Trawl Fishery (WDWTF). This levy is intended to recover management costs associated with the fishery, calculated by dividing the total management costs by the number of endorsements to be issued according to the WDWTF Development Plan. The Regulations specify that for the 1989/90 season, the levy amount is set at $3,700 per endorsement. The obligations imposed by the Act on the parties involved are primarily those concerning the calculation and payment of the levy. Licence holders endorsing their fisheries licences for the WDWTF must ensure they are aware of and comply with the specified levy amount. The Minister for Primary Industries and Energy, along with an industry/government advisory committee, has a role in approving the WDWTF Development Plan and overseeing the calculation and imposition of the levy. The Fishing Industry Research and Development Council is also involved in determining the funding allocation for the fishery, particularly in relation to catch reports. In terms of offences and consequences, the Regulations do not explicitly detail penalties for non-compliance. However, any breach of the Fisheries Levy Act 1984 or the associated Regulations could potentially lead to legal action under the Act. This might include fines or other civil penalties, as determined by the courts. The exact penalties would depend on the specific breach and the discretion of the court in imposing a suitable penalty. It is important for all parties to adhere to the specified levy requirements to avoid any potential legal ramifications.