Fishing Levy (Bass Strait Scallop Fishery) Regulations

Overview

The Fishing Levy (Bass Strait, Scallop Fishery) Regulations 1993, issued under the authority of the Minister for Primary Industries and Energy, were enacted to address the need for a dedicated levy on fishing concessions related to the scallop fishery in Bass Strait, as outlined in the Fishing Levy Act 1991. This legislation was designed to ensure that the costs associated with managing the fishery are adequately recovered from the holders of fishing permits. The policy objective is to impose a levy on fishing permits for scallop dredging and trawling in Bass Strait, calculated to cover 90 per cent of the estimated management costs for the 1992-1993 financial year. This levy is in addition to any other levies prescribed under the Fishing Levy Regulations, and it applies to both permits issued before and after the commencement of these regulations.

Scope and Application

The Fishing Levy (Bass Strait, Scallop Fishery) Regulations 1993 apply to fishing concessions, specifically fishing permits, that allow the taking of scallops by dredging or trawling methods within the Bass Strait Scallop Fishery. These Regulations were made under the Fishing Levy Act 1991, which imposes a levy on fishing concessions, and the Fisheries Management Act 1991, which stipulates that the levy is due and payable at times determined by regulation. The Regulations mandate a levy payment of $900 for fishing permits issued both before and after their commencement. The levy for permits issued before the regulations is due by 31 May 1993, while permits issued on or after the commencement of the Regulations require the levy to be paid upon the grant of the permit. The levy amount was calculated to recover 90 per cent of the estimated costs of managing the Bass Strait Scallop Fishery during the 1992-1993 financial year from permit holders. This levy amount is in addition to any other levy prescribed by the Fishing Levy Regulations. The area covered by the Bass Strait Scallop Fishery is detailed in the Schedule to the Regulations, which came into effect on gazettal.

Key Provisions

The Fishing Levy (Bass Strait, Scallop Fishery) Regulations 1993, made under the Fishing Levy Act 1991, establish the amount of the fishing levy imposed on fishing permits for scallops in the Bass Strait Scallop Fishery. Specifically, section 6 of the Levy Act authorises the imposition of a levy on fishing concessions, and the Regulations specify the amount of this levy to be $900 for scallop fishing permits obtained by dredging or trawling methods within the designated Bass Strait Scallop Fishery area. These Regulations apply to both existing fishing permits issued before and after their commencement, ensuring uniformity in levy imposition. Holders of fishing permits for scallops in the Bass Strait Scallop Fishery must comply with the Regulations by paying the specified levy. For permits issued before the commencement of the Regulations, the levy of $900 must be paid by 31 May 1993 (Regulation 1). For permits issued on or after the commencement date of the Regulations, the levy must be paid upon the grant of the permit (Regulation 1). This levy is supplementary to any other levies that might be prescribed under different regulations and is calculated to recover 90 per cent of the estimated costs of managing the fishery during the 1992-1993 financial year from the permit holders. Failure to comply with the requirements of the Regulations can result in various consequences. Under the Levy Act, penalties for non-payment of the fishing levy may include civil or criminal actions, depending on the circumstances and the extent of non-compliance. The specific penalties are not detailed in the Regulations but would typically be prescribed under related legislation, which might involve fines or other legal actions. The precise nature and maximum penalties for non-compliance would be determined by the courts or relevant authorities according to the applicable laws at the time.