Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment)

Overview

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations 1993, issued under the authority of the Minister for Primary Industries and Energy, are subsidiary legislation made pursuant to the Fishing Levy Act 1991. This Act was enacted to provide a framework for imposing a levy on fishing concessions within the Great Australian Bight Trawl Fishery, aligning with the Commonwealth's policy to manage and regulate the fishing industry sustainably. The 1993 Regulations specifically address the issue of adjusting the levy rates for statutory fishing rights in the fishery, reflecting changes in the estimated management costs and the implementation of the Great Australian Bight Trawl Fishery Management Plan. By reducing the levy from $10,580 to $9,703, the Regulations aim to ensure that the financial burden on the holders of statutory fishing rights corresponds with the reduced management costs and activity levels in the fishery. The policy objective is to maintain a balance between effective management and the economic viability of the fishery, ensuring that the costs of management are fairly distributed among the stakeholders.

Scope and Application

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations 1993 are subordinate legislation made under the Fishing Levy Act 1991, and they apply to the holders of statutory fishing rights within the Great Australian Bight Trawl Fishery. These regulations primarily concern the imposition and adjustment of a levy on the holders of statutory fishing rights to cover the costs associated with the management of the fishery, as well as their contribution to the Fisheries Research and Development Corporation. The geographic scope of these regulations is limited to the Great Australian Bight Trawl Fishery, and they apply to all entities holding statutory fishing rights within this specific area. The regulations amend the principal regulations to reduce the levy amount from $10,580 to $9,703, reflecting the reduced management costs for the fishery in the 1993/1994 financial year. The regulations do not explicitly state any exclusions or exemptions, suggesting that all holders of statutory fishing rights in the specified fishery are subject to the levy. The adjustments in the levy amount are made pursuant to the authority granted under section 8 of the Levy Act, ensuring that the new levy rates are prescribed by these regulations.

Key Provisions

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations 1993, issued under the authority of the Minister for Primary Industries and Energy, modify the levy rates stipulated in the principal regulations for the Great Australian Bight Trawl Fishery. These regulations are made pursuant to section 8 of the Fishing Levy Act 1991, which empowers the Governor-General to establish regulations for the purposes of section 6 of the Levy Act. The primary objective of these regulations is to adjust the amount of the levy imposed on statutory fishing rights to reflect changes in the management costs and activities of the fishery. The regulations stipulate that the new levy rate is $9,703 per statutory fishing right for each year the fishing right is in force. This reduction from the previous $10,580 rate is a result of the estimated lower costs of managing the fishery in the 1993/1994 financial year, compared to the preceding year. Regulation 2 specifically amends regulation 3 of the principal regulations to reflect this new levy rate. This adjustment aligns with the Commonwealth's policy of recovering 90 per cent of the management costs from the holders of statutory fishing rights. The remaining portion of the levy, calculated at $767, is intended to recover the contribution of the trawl fishing industry to the Fisheries Research and Development Corporation. These regulations impose specific obligations on the holders of statutory fishing rights in the Great Australian Bight Trawl Fishery. The most significant obligation is the payment of the revised levy of $9,703 per statutory fishing right annually. This requirement applies to each year the statutory fishing right is active. Additionally, the regulations ensure that the revised levy rate is transparently applied and that the financial contributions are proportionally allocated to reflect both management costs and the industry's contribution to the Fisheries Research and Development Corporation. Failure to comply with these regulations could result in significant consequences. Although the explanatory statement does not explicitly detail the penalties for non-compliance, breaches of regulations made under the Fishing Levy Act 1991 could potentially lead to civil or criminal penalties. The severity of these penalties would depend on the specific nature of the breach and the provisions of the Act. It is important for parties subject to these regulations to ensure full compliance to avoid any legal repercussions.