Foreign Fishing Boats Levy Act 1981

Administered by Department of Agriculture

Legislation au C2004A02556 Not in force Act

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Foreign Fishing Boats Levy Act 1981

No. 179 of 1981

 

An Act to impose a levy on the grant of certain licences in respect of foreign fishing boats

[Assented to 8 December 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Foreign Fishing Boats Levy Act 1981.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Interpretation

3. In this Act, unless the contrary intention appears—

“fish” has the same meaning as in the Fisheries Act 1952;

“foreign fishing boat”, in relation to the grant of a licence, means—

(a) in a case of the grant of a licence under sub-section 9 (2) or (3) of the Fisheries Act 1952—a boat that is a foreign boat for the purposes of that Act or a boat in respect of which an instrument is in force under sub-section 4 (2) of that Act; and


(b) in a case of the grant of a licence under sub-section 13 (2) of the Continental Shelf (Living Natural Resources) Act 1968—a boat that is a foreign ship for the purposes of that Act;

“licence” means a licence under sub-section 9 (2) or (3) of the Fisheries Act 1952 or a licence under sub-section 13 (2) of the Continental Shelf (Living Natural Resources) Act 1968;

“sedentary organism” has the same meaning as in the Continental Shelf (Living Natural Resources) Act 1968.

Imposition of levy

4. (1) Subject to this section, a levy is imposed on the grant to a person of a licence in respect of a foreign fishing boat.

(2) Levy is not imposed on the grant of a licence in respect of a foreign fishing boat included in a prescribed class of foreign fishing boats, being a foreign fishing boat that has been imported into Australia for a limited period.

(3) Where there is in force an agreement between Australia and the government of another country that contains a provision under which licences are agreed to be granted in respect of foreign fishing boats (whether or not the provision also provides for the payment of an amount or amounts to Australia), levy is not imposed on the grant of any of the licences to which the provision relates.

Amount of levy

5. The amount of the levy imposed by section 4 on the grant of a licence in respect of a foreign fishing boat is such amount as is prescribed by the regulations or as is calculated in accordance with the regulations.

By whom levy payable

6. The amount of the levy imposed by section 4 on the grant of a licence in respect of a foreign fishing boat is payable by the person to whom the licence is granted.

Regulations

7. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Regulations made for the purposes of section 5 may prescribe different amounts of, or different methods of calculating the amounts of, levy imposed by this Act on the grant of licences in respect of different boats or different classes or kinds of boats, and may prescribe the amount of, or a method of calculating the amount of, levy imposed by this Act on the grant of a licence in respect of a boat by reference to a matter or matters specified in the regulations, being a matter or matters relating to the boat or to the operations of the boat,


or, without limiting the generality of the foregoing, by reference to any one or more of the following matters:

(a) the fact that the boat is included in a class or kind of boats in respect of which an agreement relating to the operations or proposed operations of boats of that class or kind is in force, being an agreement to which the Commonwealth is a party;

(b) the size or tonnage of the boat, measured as prescribed, or the power of the main engine of the boat;

(c) the quantity or kind of equipment permitted by the licence to be carried on the boat for the purpose of taking, processing or carrying fish or sedentary organisms;

(d) the quantity of the fish or sedentary organisms, measured as prescribed, that the licence authorizes to be taken or processed with the use of the boat or carried by the boat;

(e) the kind of fish or sedentary organisms that the licence authorizes to be taken or processed with the use of the boat or carried by the boat;

(f) the conditions to which the licence is subject;

(g) the method or methods by which the licence authorizes fish or sedentary organisms to be taken, processed or carried;

(h) the degree of control that persons who are residents of Australia or of an external Territory have over the operations of the boat.

Overview

The Foreign Fishing Boats Levy Act 1981 was enacted to address the issue of foreign fishing boats operating within Australian waters by imposing a levy on the grant of certain licences to such vessels. This Act was passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia, with the primary policy objective of generating revenue from foreign fishing activities, while also providing a regulatory mechanism to manage and control the impact of these activities on Australia's marine resources. The levy is applicable to the grant of licences for foreign fishing boats, unless they fall into a prescribed class of boats imported for a limited period or are subject to an agreement between Australia and another country. The Act allows for the imposition of varying amounts of levy based on several factors, including the size and type of the boat, the equipment it carries, and the nature of its operations. The levy is payable by the person to whom the licence is granted, and the specific amounts and methods of calculation are to be prescribed by regulations made under the Act.

Scope and Application

The Foreign Fishing Boats Levy Act 1981 imposes a levy on the grant of certain licences to foreign fishing boats entering Australian waters, aiming to regulate the presence and operations of such vessels within the Commonwealth’s jurisdiction. This Act applies to foreign fishing boats that require a licence under either the Fisheries Act 1952 or the Continental Shelf (Living Natural Resources) Act 1968. The levy is applicable nationally across all Australian states and territories, as it is a Commonwealth Act. Notably, the Act excludes certain classes of foreign fishing boats that have been imported for a limited period, as well as those subject to specific international agreements between Australia and other countries. The levy amount is determined through regulations made under the Act, which can specify various criteria such as boat size, type of equipment, and the nature of operations permitted by the licence. The person to whom the licence is granted is responsible for paying the levy. The Act also provides for the Governor-General to make regulations for carrying out the Act, which may include provisions for different amounts of levy based on specified criteria.

Key Provisions

The Foreign Fishing Boats Levy Act 1981 (sections 4 and 5) imposes a levy on the grant of certain licences for foreign fishing boats. This levy is payable by the person to whom the licence is granted. However, the Act exempts certain categories of foreign fishing boats from this levy. Specifically, it does not apply to foreign fishing boats that are imported into Australia for a limited period, as per a prescribed class (section 4(2)). Additionally, if there is an existing agreement between Australia and another country that specifies the granting of licences for foreign fishing boats, the levy does not apply to those licences (section 4(3)). The amount of the levy is prescribed by regulations or calculated in accordance with them (section 5). Under the Foreign Fishing Boats Levy Act 1981, parties and entities subject to the Act must adhere to the specified obligations and requirements. The Act mandates that the levy be paid by the person to whom the licence is granted (section 6). The amount of the levy is to be determined by the regulations made under the Act (section 5). These regulations can set different amounts or calculation methods for different classes or kinds of boats, based on various factors such as the boat's size, tonnage, engine power, equipment, and the conditions and methods of operation specified in the licence (section 7(2)). The Foreign Fishing Boats Levy Act 1981 does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, breaches of the Act or its regulations could potentially lead to enforcement actions under other applicable laws or regulations. The absence of detailed penalties in the Act itself implies that enforcement and consequences may be addressed through related legislative or regulatory frameworks, or through administrative actions taken by the relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.