EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 421
Issued by the authority of the Minister of State for Primary Industries and Energy.
FISHERIES LEVY ACT 1984
FISHERIES LEVY (GREAT AUSTRALIAN BIGHT TRAWL FISHERY)
REGULATIONS
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.
Paragraphs 5(be) and 5(bd) of the Act provide for the imposition of levy upon the allocation and renewal of the allocation, respectively, of units of fishing capacity, being units of fishing capacity prescribed for the purposes of those paragraphs.
Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the allocation or renewal of the allocation of a unit of fishing capacity is such amount as is provided in the regulations.
The purpose of the Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations (the Regulations) is to set the rate of levy for the Great Australian Bight Trawl Fishery. The levy is collected to recover a proportion of the management costs for the Fishery. Access to the Fishery is gram ted by the allocation of a unit of fishing capacity under the Great Australian Bight Trawl Fishery Preliminary Management Plan. Previously access was on
the basis of endorsement of a fishing boat licence and the management costs recovered by levy imposed on the endorsement of the licence by Statutory Rules 1987 No. 323, cited as the Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations. Imposition of the levy on the allocation and renewal of allocation of a unit of fishing capacity rather than on endorsement of a licence allows a person to move the unit between various boats without incurring additional levy, as the allocation of a unit is for one calendar year.
Under the Great Australian Bight Trawl Fishery Preliminary Management Plan the allocation of a unit of fishing capacity entitles the unit holder to access to the whole area of the Fishery. The amount of levy for access to the whole fishery is $6,000, which is the same amount imposed previously in relation to the endorsement of a licence granting access to the whole fishery.
Details of the Regulations are set out below.
Regulation 1 provides for the Regulations to be cited as the Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations.
Regulation 2 defines the words “Plan of Management” and “the Act” for the purposes of the Regulations.
Regulation 3 defines “unit of fishing capacity” for the purposes of sections 5(be) and (bd) of the Act.
Regulation 4 specifies $6,000 as the amount of levy payable on the allocation or renewal of the allocation of a unit of fishing capacity in accordance with the Great Australian Bight Trawl Fishery Preliminary Management Plan.
Regulation 5 revoked Statutory Rules 1987 No. 323 cited as Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations.
The Regulation took effect on Gazettal.
S.R. No. 345/90