Fisheries Levy (Western Deep-Water Trawl Fishery) Regulations

Overview

The Fisheries Levy Act 1984 was enacted to address the financial burden of managing fisheries, particularly the Western Deep-Water Trawl Fishery, on the government. This Act allows for the imposition of a levy on fisheries licence endorsements, specifically under the Fisheries Act 1952, to recover the associated management costs. The levy amount is determined by dividing the total management costs by the number of endorsements, as per the Development Plan approved by an industry/government advisory committee and the Minister for Primary Industries and Energy. In line with these provisions, Statutory Rules 1988 No. 172 were issued, specifying $980 as the levy for a licence endorsement authorising fishing in the Western Deep-Water Trawl Fishery, effective from the date of gazettal. The policy objective is to ensure sustainable management of fisheries by securing necessary funding through this levy mechanism.

Scope and Application

The Fisheries Levy Act 1984 applies to the endorsement of fisheries licences under the Fisheries Act 1952, specifically targeting the Western Deep-water Trawl Fishery. This Act allows for the imposition of a levy to cover the management costs associated with this particular fishery. The levy is calculated by dividing the total management costs by the number of endorsements to be issued, as determined by a Development Plan that has been approved by an industry/government advisory committee and the Minister for Primary Industries and Energy. The levy is a financial tool designed to ensure that the costs of managing the fishery are effectively recovered from those who hold licences to fish in the specified area. The regulations further detail that a levy of $980 will be imposed on the endorsement of a fisheries licence for fishing in the Western Deep-water Trawl Fishery, which will take effect upon being gazetted. This application of the Act is limited to the Commonwealth jurisdiction and does not specify any exclusions or exemptions within the provided explanatory statement.

Key Provisions

The Fisheries Levy (Western Deep-water Trawl Fishery) Regulations 1984, under paragraph 5(b) of the Fisheries Levy Act 1984, establish the framework for imposing a levy on the endorsement of a fisheries licence for fishing in the Western Deep-water Trawl Fishery (WDWTF). This levy serves as a means to recover the management costs associated with the WDWTF. The levy amount is determined by dividing the total management costs by the number of endorsements to be issued, as outlined in the Development Plan, which has been approved by an industry/government advisory committee and the Minister for Primary Industries and Energy (section 5(b)). Specifically, the regulations set the levy amount at $980 for each endorsement of a fisheries licence that authorises fishing in the WDWTF (section 3). Entities and individuals involved in the WDWTF must comply with the regulations by ensuring that the prescribed levy is paid upon the endorsement of their fisheries licence. This requirement is a statutory obligation under the Fisheries Levy Act 1984 and is enforced to ensure the sustainability and proper management of the fishery. The levy is a crucial mechanism to fund the administrative and operational costs associated with managing the WDWTF, thereby contributing to the effective regulation and conservation of the fishery. Breach of the provisions outlined in the regulations may result in various consequences, including administrative penalties and legal actions. Although the specific penalties for non-compliance are not detailed in the explanatory statement, it is likely that penalties would be in line with those prescribed under the Fisheries Levy Act 1984 and related fisheries legislation. Non-payment of the levy could potentially lead to the suspension or revocation of the fisheries licence, which would significantly impact the ability of the entity or individual to operate within the WDWTF. Additionally, any failure to comply with the statutory requirements may attract fines or other legal repercussions as stipulated under relevant fishery management laws.