Fishing Levy (Southern Shark Fishery Research) Regulations (Repeal)

Overview

The Fishing Levy (Southern Shark Fishery) Regulations (Repeal) 1994, No. 75, was introduced to repeal the existing regulations governing the amount of levy imposed on fishing concessions in the Southern Shark Fishery, as specified under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. This legislative action was taken to streamline and update the regulatory framework concerning the collection of levies from the Southern Shark fishing industry, ensuring that future contributions to the Fisheries Research and Development Corporation are appropriately incorporated into the levy amounts. The regulations were enacted by the Governor-General under the authority of the Minister for Resources, reflecting a policy objective to maintain an efficient and effective system for managing fishery resources and funding research within the sector.

Scope and Application

The Fishing Levy (Southern Shark Fishery) Regulations (Repeal) 1994 No. 75 applies to the fishing industry within the Southern Shark Fishery, specifically targeting entities holding fishing concessions, such as fishing permits, which are subject to the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These Acts mandate the imposition of a levy on fishing concessions to contribute to the Fisheries Research and Development Corporation (FRDC). The Regulations annul the previously existing principal Regulations, which prescribed the specific amounts of levy to be collected. Under the Fishing Levy Act, the Governor-General is empowered to issue regulations determining the levy amounts, while the Fisheries Management Act outlines the timing of when these levies are due and payable. The application of these Regulations is nationwide, encompassing the entire Commonwealth of Australia, and they do not explicitly exclude or exempt any particular entities or activities beyond the scope defined by the principal Acts. The Regulations came into effect upon their gazettal, effectively repealing the earlier regulations, and their scope may be further defined or extended through subordinate instruments made under the authority of the relevant Acts.

Key Provisions

The primary sections of the Fishing Levy (Southern Shark Fishery) Regulations (Repeal) 1994 No. 75 include Regulation 1, which mandates the repeal of the existing principal Regulations (Statutory Rules 1993 Nos. 71 and 302). Section 8 of the Fishing Levy Act 1991 authorises the Governor-General to create regulations under section 6 of the Act, which pertains to the imposition of a levy on fishing concessions. Section 5 of the same Act details that this levy is applicable to fishing concessions, while Section 6 specifies that the levy amount is prescribed by the regulations. Additionally, Section 168 of the Fisheries Management Act 1991 allows for regulations to be made under the Act, and Section 110 provides that the levy imposed by the Fishing Levy Act is payable according to the times determined by the regulations under the Fisheries Management Act. The obligations and requirements imposed by these regulations primarily revolve around the administration of fishing levies within the Southern Shark Fishery. The regulations mandate that the fishing concessions, which include fishing permits, are subject to a levy that contributes to the Fisheries Research and Development Corporation (FRDC). The repeal of the principal Regulations signifies a shift in how contributions to the FRDC will be managed, with future levies to incorporate the Southern Shark fishing industry’s contributions directly. These regulations thus streamline the process by which the fishing industry supports fisheries research and development efforts. In terms of penalties and consequences for breaches, the regulations themselves do not specify any particular sanctions. However, failure to comply with the Fishing Levy Act 1991 and the Fisheries Management Act 1991 could result in legal consequences under those Acts. The specific penalties for non-compliance with the Levy Act or the Management Act may include fines or other civil penalties as prescribed by those respective Acts. The precise details and maximum penalties would be found within the text of the primary legislation. This means that while the Repeal Regulations themselves do not outline specific penalties, entities governed by the Acts should be aware of the potential legal repercussions of non-compliance.