Fisheries Levy (East Coast Tuna Purse Seine Fishery Regulations (Amendment) 1993 No. 354
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 354
Issued by the authority of the Minister for Primary Industries and Energy
Fisheries Levy Act 1984
Fisheries Levy (East Coast Tuna Purse Seine 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 5 of Fisheries Notice TEC 7 and paragraph 5 of Fisheries Notice TEC 9. These endorsements allow specified fishing activities to be carried out in defined areas of the East Coast Tuna Purse Seine Fishery.
The Regulations 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 ($546). The research levy was not incorporated in the levy imposed in 1992/93 and accounts for the increases in levy for 1993/94.
The East Coast Tuna Management Advisory Committee agreed to adjust the payments for endorsements issued under paragraph 5(a) of Fisheries Notice TEC 9 in that these endorsements should be charged a greater amount of levy than endorsements issued under paragraph 5(b) of Fisheries Notice TEC 7. This change was recommended as it was recognised that endorsements issued under paragraph 5(a) of Fisheries Notice TEC 9 had greater access to waters in the fishery than those issued under paragraph 5(b) of Fisheries Notice TEC 7.
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 9 to bring these levies back in line with levies for endorsements issued under Fisheries Notice TEC 7. The 1992/93 levy for endorsements issued under Fisheries Notice TEC 9 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.
Rates of levy for the endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 7 change as follows:
• for endorsements of the kind referred to in paragraph 5(a), from $2500 to $2546
• for endorsements of the kind referred to in paragraph 5(b), from $1600 to $1546.
Rates of levy for the endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 9 change as follows:
• for endorsements of the kind referred to in paragraph 5(a), from $1500 to $1946.
• for endorsements of the kind referred to in paragraph 5(b), from $825 to $1346.
• for endorsements of the kind referred to in paragraph 5(c), from $825 to $1346.
The regulations also repeal references to endorsements of a class which no longer have any effect and provide a mechanism for calculating the maximum levy payable in respect of multiple endorsements.
The levy payable where multiple endorsements are held is the maximum payable on the highest rated endorsement and the levy payable in respect of each endorsement is that rate averaged over the number of endorsements held.
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 levy payable on classes of endorsement.
Regulation 3 inserts new Regulation 5 which provides a mechanism for calculating the amount of levy per endorsement payable where there are multiple endorsements.
Overview
The Fisheries Levy (East Coast Tuna Purse Seine Fishery Regulations (Amendment) 1993 No. 354) was enacted to amend the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations under the Fisheries Levy Act 1984. The Act was introduced to address the need for adjusting the rates of levy for endorsements issued under specific fisheries notices in the East Coast Tuna Purse Seine Fishery. This adjustment was intended to ensure that the levies more accurately reflected the access to waters and activities of the endorsement holders. The policy objective was to recover management, surveillance, and research costs directly attributable to those endorsement holders operating in the fishery. The regulations were made by the Minister for Primary Industries and Energy, as empowered by the Fisheries Levy Act 1984, and they commenced on gazettal. These amendments aimed to align the levy rates with the actual operational scope and costs associated with different categories of endorsements, ensuring fair and effective cost recovery for the fishery management activities.
Scope and Application
The Fisheries Levy (East Coast Tuna Purse Seine Fishery Regulations (Amendment) 1993 No. 354 applies to endorsements granted under subsections 9(2) or 9(3) of the Fisheries Act 1952, specifically those issued for the East Coast Tuna Purse Seine Fishery. These regulations pertain to the financial obligations of endorsement holders, including the imposition of a levy to cover management, surveillance, and research costs directly attributable to their activities within the fishery. The levy varies according to the type of endorsement, as detailed in Fisheries Notice TEC 7 and Fisheries Notice TEC 9, and includes an additional research levy administered by the Research and Development Corporation. The amendments primarily adjust the levy rates to account for differences in access to fishing waters and to align them with the actual costs incurred by the fishery. The regulations also remove references to endorsements that are no longer applicable and provide a method for calculating the maximum levy payable when an individual holds multiple endorsements. The amendment is enacted under the Fisheries Levy Act 1984, which grants the authority to the Governor-General to establish these regulations for specified purposes. The scope of the amendment is geographically limited to the East Coast Tuna Purse Seine Fishery, affecting those involved in this particular fishing activity within Australia.
Key Provisions
The Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment) 1993 No. 354 amends existing regulations under the Fisheries Levy Act 1984. These amendments primarily concern the levy rates for different categories of endorsements within the East Coast Tuna Purse Seine Fishery. According to section 8 of the Act, the Governor-General has the authority to make these regulations, and these amendments specify the levy amounts for various endorsements granted after the regulations' commencement. The levy is designed to recover management, surveillance, and research costs directly attributable to endorsement holders operating in the fishery.
Under these amended regulations, specific obligations and requirements are imposed on parties holding endorsements. For example, endorsement holders are required to pay the specified levy rates, which vary depending on the category of their endorsement. These categories are detailed in Fisheries Notice TEC 7 and Fisheries Notice TEC 9, and the levy rates have been adjusted to reflect differences in access to fishing areas and to align with the costs associated with managing the fishery. Additionally, the regulations provide a mechanism for calculating the maximum levy payable when a holder has multiple endorsements, ensuring that the levy is fairly distributed based on the highest-rated endorsement.
Failure to comply with the levy requirements under these regulations can result in various legal consequences. While the explanatory statement does not explicitly list offences or penalties, breaches of regulations under the Fisheries Levy Act 1984 generally attract penalties as stipulated by the parent act. Typically, penalties for non-compliance with fisheries regulations can include fines and, in severe cases, criminal charges. The exact penalties would be determined according to the relevant sections of the Fisheries Levy Act 1984 and any other applicable legislation. It is important for endorsement holders to adhere to the specified levy rates to avoid potential legal repercussions.