Statutory Fishing Rights Charge Act 1991

Overview

The Statutory Fishing Rights Charge Act 1991 was enacted by the Parliament of Australia to address the need for a structured financial mechanism related to the grant of statutory fishing rights. This Act was assented to on 21 October 1991 and establishes a charge that is imposed on the grant of statutory fishing rights, as defined under Part 3 of the Fisheries Management Act 1991. The charge is intended to provide a revenue stream from the allocation of fishing rights, ensuring that the costs associated with managing and maintaining fishing activities are appropriately funded. The Act extends its application to every external Territory and is applicable both within and outside Australia. While the primary objective is to generate revenue through the imposition of this charge, certain grants may be exempted as determined by regulations.

Scope and Application

The Statutory Fishing Rights Charge Act 1991 applies to the grant of statutory fishing rights as defined under Part 3 of the Fisheries Management Act 1991. This Act imposes a charge on the grant of such rights and extends its reach to every external Territory of Australia, thereby applying both within and outside Australia. The charge is payable by the individual or entity to whom the statutory fishing right is granted, with exemptions applicable as declared by regulations under the Act. The amount of the charge is determined based on the method by which the right was granted—whether through an auction, a tender process, or another method specified in the regulations. The Act also allows for the creation of regulations by the Governor-General to prescribe matters necessary for its effective implementation, ensuring the Act can be adapted to various circumstances while maintaining its core purpose of imposing a charge on the grant of statutory fishing rights.

Key Provisions

The Statutory Fishing Rights Charge Act 1991, which received Royal Assent on 21 October 1991, imposes a charge on the grant of statutory fishing rights under the Fisheries Management Act 1991. Sections 1 and 2 of the Act came into effect upon Royal Assent, while the remaining provisions are set to commence on a day fixed by Proclamation, or if not specified within six months, on the day following the six-month period after Royal Assent. The Act applies to all external territories and is effective both within and outside Australia. Under this Act, a charge is imposed on the grant of a statutory fishing right, as detailed in section 5. However, section 6 exempts certain grants from this charge if they are declared exempt by regulations. The amount of the charge is determined by section 7, which specifies that it should be equal to the highest bid at an auction, the bid submitted if tenders were called, or an amount calculated in accordance with regulations if the grant was made by another method. The charge is payable by the person to whom the right is granted, as stated in section 8. The Governor-General has the authority to make regulations under section 9, which must not be inconsistent with the Act and may cover matters required or permitted by the Act or necessary or convenient for its implementation. Breaches of this Act may lead to civil or criminal consequences, though specific offences and penalties are not detailed within the provided text. Typically, in Australian legislation, such breaches could result in fines, imprisonment, or other penalties as stipulated by the relevant laws or regulations. The maximum penalties, if applicable, would depend on the specific nature of the breach and the relevant jurisdictional laws.