Fishing Levy Amendment Regulations 1999 (No. 2) 1999 No. 96
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 96
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Amendment Regulations 1999 (No. 2)
Section 8 of the Fishing Levy Act 1991 (the Levy Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Levy Act.
Section 5 of the Levy Act imposes levy in respect of a fishing concession. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by regulations.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 of the Management Act provides that the levy imposed by the Levy Act is due and payable at a time or times ascertained in accordance with the regulations made under the Management Act The Fishing Levy Amendment Regulations 1999 (the Regulations), like the principal Regulations, are to be made under both the Levy Act and the Management Act.
"Fishing Concession" is defined under the Levy Act and the Management Act to mean. among other things, a fishing permit.
The Regulations amend the provisions of the Fishing Levy Regulations (the Principal Regulations) that relate to the South Tasman Rise Fishery (STRF). The Regulations amend the dates when levy is due, to make them consistent with changed management arrangements that affect levy in this financial year and next financial year.
The STRF is fished primarily for orange roughy which is the only species in relation to which levy is collected. Management arrangements for the STRF include a Total Allowable Catch (TAC) for orange roughy. Once the amount of orange roughy taken by operators with permits for the fishery equals the TAC limit, then the fishery closes for the season. Previously, the season consisted of two periods with separate TAC's for each (effectively two seasons). However, the STRF now has a single season which runs from 1 March to the end of February the following year, with a single TAC. Levy is to be charged twice during this single season so as to allow operators to spread their costs over two financial years. This is also consistent with AFMA's budgeting arrangements. The Regulations amend the dates when levy is due to facilitate these changes.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 1999.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1 provides for a definition of 'first fishing period' to be inserted in Regulation 17.1 of the principal Regulations.
Schedule 1 Item 2 redefines 'leviable quantity' in Regulation 17.1 of the principal Regulations to account for the new management and levy arrangements.
Schedule 1 Item 3 provides for a definition of 'season' and 'second fishing period' to be inserted in Regulation 17.1 of the principal Regulations.
Schedule 1 Item 4 substitutes new dates for when levy is due in relation to each of the fishing periods.
Overview
The Fishing Levy Amendment Regulations 1999 (No. 2) were enacted to amend the Fishing Levy Regulations in response to changes in the management arrangements for the South Tasman Rise Fishery (STRF). This legislation was issued by the Minister for Agriculture, Fisheries and Forestry under the authority of the Governor-General, in accordance with the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The primary objective of these Regulations is to ensure that the timing of the fishing levy aligns with the new management practices for the STRF, particularly the unified season structure and the Total Allowable Catch (TAC) for orange roughy, the primary species targeted in this fishery. The Regulations adjust the dates when the fishing levy is due to facilitate the changed financial year alignments, ensuring that operators can effectively manage their costs over the two financial years corresponding to the unified fishing season.
Scope and Application
The Fishing Levy Amendment Regulations 1999 (No. 2) applies to fishing concessions, specifically fishing permits, under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations concern the South Tasman Rise Fishery (STRF), which primarily involves the fishing of orange roughy. The regulations are designed to align the dates when the fishing levy is due with the new management arrangements of the STRF. These changes include the consolidation of the fishery into a single season with a Total Allowable Catch (TAC) limit for orange roughy, affecting the timing and calculation of the fishing levy. The regulations amend the Fishing Levy Regulations to reflect these changes and ensure that the levy is charged in a manner consistent with the new management practices and the financial budgeting arrangements of the Australian Fisheries Management Authority (AFMA). The regulations extend to all entities involved in the STRF, including fishing operators with permits, and they are applicable across the Commonwealth of Australia, with no specified exclusions or exemptions beyond those outlined in the principal acts.
Key Provisions
The Fishing Levy Amendment Regulations 1999 (No. 2) (the Regulations) are amendments to the Fishing Levy Regulations (the Principal Regulations) and were made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The Regulations address the levy requirements for the South Tasman Rise Fishery (STRF), particularly concerning the collection of the fishing levy in relation to the orange roughy fishery. Section 8 of the Fishing Levy Act 1991 empowers the Governor-General to make these regulations to implement section 6 of the Act, which provides for the imposition of a levy on fishing concessions. The Fishing Levy Amendment Regulations 1999 (No. 2) were designed to align the levy due dates with the new management arrangements of the STRF, which now features a single season from 1 March to the end of February the following year, with a single Total Allowable Catch (TAC) for orange roughy.
The Regulations impose specific obligations on entities subject to the fishing levy. Operators with permits for the STRF are required to pay the fishing levy in accordance with the new dates specified in the Regulations. Regulation 17.1 of the Principal Regulations has been amended to include definitions of 'first fishing period', 'season', 'second fishing period', and 'leviable quantity' to reflect the new management and levy arrangements. The levy is to be charged twice during the single season to help operators spread their costs over two financial years, in line with the Australian Fisheries Management Authority's (AFMA) budgeting arrangements.
Failure to comply with the requirements of the Fishing Levy Amendment Regulations 1999 (No. 2) may result in civil or criminal consequences. Under the Fishing Levy Act 1991, breaches of the regulations may lead to penalties as specified in the Act. The exact penalties for non-compliance are not detailed in the explanatory statement but would generally involve fines and potential legal action to enforce payment of the due levy. Additionally, persistent non-compliance could result in further regulatory actions, including the suspension or revocation of fishing permits under the Fisheries Management Act 1991.