Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1993 No. 321
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 321
Issued by the authority of the Minister for Primary Industries and Energy
Fisheries Levy Act 1984
Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment)
Section 8 of the Fisheries Levy Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Act.
Paragraph 5(b) of the Act provides for the imposition of levy on an endorsement under subsection 9(4) of the Fisheries Act 1952 of a licence granted under subsections 9(2) or 9(3) of that Act.
Subsection 6(1) of the Act provides that the amount of levy imposed upon the endorsement of a fisheries licence is such an amount as provided in the regulations. The various categories of endorsement in the fishery are prescribed in paragraph 6 of Fisheries Notice TEC 5 and paragraph 5 of Fisheries Notice TEC 8. These endorsements allow specified fishing activities to be carried out in defined areas of the East Coast Tuna Longline Fishery.
The proposed Regulations would apply to endorsements granted after the commencement of the proposed Regulations.
The levy recovers management, surveillance and research costs for the fishery directly attributable to those endorsement holders operating in the fishery.
The levy for all categories of endorsement includes the research levy administered by the Research and Development Corporation ($100). A research levy of $75 was incorporated in the levy imposed in 1992/93.
Increases in levy from 1992/93 have also been recommended by the East Coast Tuna Management Advisory Committee for endorsements issued under Fisheries Notice TEC 8 to bring these levies back in line with levies for endorsements issued under Fisheries Notice TEC 5. The 1992/93 levy for endorsements issued under Fisheries Notice TEC 8 was reduced by approximately 25 per cent in recognition of full levy being charged with respect to these endorsements in 1991/92, even though all operators were in the fishery for only part of the year. The differentiation in the amount of levy with respect to paragraph 6(b) of Fisheries Notice TEC 5, between those fishermen who qualified for an endorsement under that paragraph before or after 15 December 1991, is also proposed to he removed.
Rates of levy for the endorsements of the kind referred to in paragraph 6 of Fisheries Notice TEC 5 would change as follows:
for endorsements of the kind referred to in paragraph 6(a), from $2350 to
$2000.
for endorsements of the kind referred to in paragraph 6(b), from $2075 to
$1765.
for endorsements of the kind referred to in paragraph 6(c), from $1075 to $935.
Rates of levy for the endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 8 would change as follows:
for endorsements of the kind referred to in paragraph 5(b), from $825 to $900.
for endorsements of the kind referred to in paragraph 5(c), from $825 to $900. Details of the Regulations, which commenced on gazettal, are set out below: Regulation 1 provides for the amendment of the Regulations.
Regulation 2 provides for the repeal of an ineffective class of endorsement.
Regulation 3 specifies the new amount of levy to be collected under each class of endorsement.
Regulation 4 inserts a mechanism for calculating the levy payable per endorsement where multiple endorsements are held.
Overview
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1993 No. 321 were enacted to amend the existing Fisheries Levy (East Coast Tuna Longline Fishery) Regulations under the Fisheries Levy Act 1984. This legislation was introduced to address the need for adjustments in the levy rates for different categories of endorsements in the East Coast Tuna Longline Fishery, ensuring the levies accurately reflect the costs associated with management, surveillance, and research. The regulations were made by the Minister for Primary Industries and Energy, with a clear policy objective to align the levy rates more closely with the costs incurred by the fishery and to rectify previous discrepancies. The primary purpose of these amendments was to standardise the levy rates across different categories of endorsements and to incorporate the research levy administered by the Research and Development Corporation into the overall levy.
Scope and Application
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1993 No. 321 applies to those who hold endorsements for the East Coast Tuna Longline Fishery under the Fisheries Act 1952. These regulations amend the existing Fisheries Levy (East Coast Tuna Longline Fishery) Regulations to adjust the rates of levy for different categories of endorsement, as outlined in Fisheries Notice TEC 5 and Fisheries Notice TEC 8. The primary purpose of these regulations is to recover management, surveillance, and research costs directly attributable to endorsement holders operating in the fishery. The amendments adjust the levy rates to reflect changes in operational costs and to align the levies for different categories of endorsements. The regulations apply nationally, as they are made under the authority of the Fisheries Levy Act 1984, which is a Commonwealth Act. There are no specific exclusions or exemptions stated within the explanatory statement, and the application of these regulations is further defined through the subordinate instruments mentioned in the regulations themselves.
Key Provisions
The Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1993 No. 321 amends the existing Fisheries Levy Regulations under the Fisheries Levy Act 1984 (section 8). This amendment adjusts the rates of the levy for various categories of endorsements in the East Coast Tuna Longline Fishery, which are detailed in Fisheries Notice TEC 5 and Fisheries Notice TEC 8. The primary purpose of these changes is to recover management, surveillance, and research costs directly attributable to endorsement holders operating in the fishery. The amendment specifically alters the levy rates for different types of endorsements, reflecting recommendations from the East Coast Tuna Management Advisory Committee. For instance, the levy for endorsements under Fisheries Notice TEC 5 (paragraph 6) is reduced, while the levy for endorsements under Fisheries Notice TEC 8 (paragraph 5) is increased to align with the costs associated with other categories of endorsements.
The Regulations impose several obligations on parties subject to them. Endorsement holders in the East Coast Tuna Longline Fishery are required to pay the revised levy rates specified in the Regulations. This includes a mandatory research levy of $100, administered by the Research and Development Corporation. Additionally, the Regulations include a mechanism for calculating the levy payable per endorsement where multiple endorsements are held, as outlined in Regulation 4. The Regulations also mandate that the new levy rates apply to endorsements granted after the commencement of the proposed Regulations. Compliance with these requirements is essential to ensure that the costs associated with managing and researching the fishery are adequately covered.
Failure to comply with the provisions of the Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment) 1993 No. 321 may result in various consequences. Firstly, endorsement holders who do not pay the specified levy rates may face enforcement actions by the relevant authorities. While the explanatory statement does not detail specific penalties, non-compliance with regulations of this nature typically results in fines or other financial penalties. Additionally, persistent non-compliance could potentially lead to the suspension or revocation of the endorsement, thereby prohibiting the holder from participating in the fishery. These enforcement actions are intended to ensure that all parties adhere to the financial obligations established by the Regulations.