Fishing Levy (Great Australian Bight Trawl Fishery) Regulations

Overview

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations 1993 were enacted to establish a levy on statutory fishing rights granted under the Great Australian Bight Trawl Fishery Management Plan, as stipulated by the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations were introduced to address the need for financial contributions from holders of statutory fishing rights to cover the costs associated with managing the fishery and the fishing industry's contribution to the Fisheries Research and Development Corporation. The regulations were issued by the Minister for Resources and were made under the authority of the Governor-General, pursuant to sections 8 and 168 of the respective Acts. The primary policy objective behind these regulations is to ensure that the costs of managing the fishery and funding research and development are appropriately shared among the stakeholders involved in the fishery.

Scope and Application

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations 1993, made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, apply to statutory fishing rights granted under the Great Australian Bight Trawl Fishery Management Plan. These regulations determine the levy amount that is imposed on fishing concessions, with a specified levy of $10,580 per statutory fishing right in the year the right is granted, followed by an additional $10,580 for each subsequent year the right is in force. The initial levy payment is due upon the grant of the fishing right, while the subsequent annual payments are due on 1 January each year. The regulations thus govern the financial obligations of entities holding statutory fishing rights within the designated fishery. These regulations extend to the Commonwealth jurisdiction, impacting fishing entities operating in the Great Australian Bight Trawl Fishery. The regulations do not specify any exclusions, exemptions, or thresholds beyond those outlined in the primary acts. Subordinate instruments may further refine or extend the application of these regulations.

Key Provisions

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations 1993 (the Regulations) establish the financial obligations of holders of statutory fishing rights under the Great Australian Bight Trawl Fishery. According to section 5 of the Fishing Levy Act 1991, the Governor-General is empowered to make these regulations for imposing a levy on fishing concessions, with section 6 of the same Act specifying that the levy amount is prescribed by these Regulations. Section 110 of the Fisheries Management Act 1991 further supports the regulatory framework by detailing that the timing for the payment of the levy is determined by regulations made under the Act. Specifically, section 8 of the Levy Act and section 168 of the Management Act empower the Governor-General to make such regulations. The Regulations impose a levy on holders of statutory fishing rights granted under the Great Australian Bight Trawl Fishery Management Plan. This levy is due and payable at specific times as outlined in the Regulations. Initially, the first amount of the levy is payable upon the grant of the statutory fishing right. Subsequent annual levies of the same amount are due on each 1 January following the grant of the statutory fishing right. The initial levy amount is calculated to recover a proportion of the costs associated with managing the fishery during the 1992/93 financial year, as well as the fishing industry's contribution to the Fisheries Research and Development Corporation. This contribution is estimated to be 0.25 per cent of the Gross Value of Product of the fishery, recovered equally among the holders of statutory fishing rights. The obligations under these Regulations are clear and direct. Holders of statutory fishing rights must ensure timely payment of the specified levy amounts to comply with the regulatory requirements. The first amount of the levy is to be paid immediately upon the grant of the statutory fishing right. Each subsequent annual amount is due on 1 January of each year, continuing for as long as the statutory fishing right remains in force. Failure to comply with these payment obligations could lead to financial and legal consequences. Under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, failure to comply with the prescribed levy requirements can result in significant penalties. Although the specific penalties are not detailed in the explanatory statement, it is likely that non-compliance could lead to civil or criminal consequences, depending on the severity and intent of the breach. Typically, penalties for such breaches could include fines and, in severe cases, criminal charges. The exact penalties would be determined by the courts based on the circumstances of the breach, but they could potentially include substantial monetary fines as well as other legal repercussions for persistent non-compliance.