EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 18
Issued by the Authority of the Minister for Primary Industry
FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS
The Fisheries Levy Act 1984 provides for the Governor-General to make regulations for the purposes of sections 5 and 6 of that Act.
Paragraph 5(a) of the Fisheries Levy Act 1984 imposes levy on the grant of licences in a prescribed class. Paragraphs 5(bc) and 5(bd) of that Act impose levy on the allocation, or the renewal of the allocation, of prescribed units of fishing capacity.
Sub-section 6(1) of the Fisheries Levy Act 1984 provides that the amount of levy imposed by paragraph 5(a) of that Act on the grant of a licence under the Fisheries Act 1952 or on the allocation or renewal of the allocation of prescribed units of fishing capacity (by paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984) is the amount specified in or calculated in accordance with the Regulations.
“Plan of Management No. 3 - Northern Prawn Fishery” under sub-section 7B(1) of the Fisheries Act 1952 provides for the allocation to persons, and the assignment to boats, of three classes of units of fishing capacity in that fishery.
Only Class A units, based on the under-deck volume and main engine power of a boat, are to be leviable. Class B or Class C units, of which one is assigned to each boat to which Class A units are assigned, are not to be leviable. Class B and Class C units differ only in relation to the area of the fishery in which they authorise use of boats to which they are assigned. The plan provides for the classification of Class A units as active (ie assigned to a boat), surplus (ie allocated to a person but not assigned to a boat) or suspense (ie subject to certain limitations expressed in the plan).
Regulation 4 of the Fisheries Levy (Northern Prawn Fishery) Regulations prescribes licences under sub-section 9(2) of the Fisheries Act 1952 in respect of boats to which Class A units of fishing capacity, other than suspense units, and a Class B unit of fishing capacity have been assigned in accordance with the plan of management, for purposes of paragraph 5(a) of the Fisheries Levy Act 1984.
Regulation 5 of those Regulations prescribes Class A units other than suspense units allocated in accordance with the plan of management for purposes of paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984.
Regulation 6 imposes levy at the rate of $5.00 for each unit, allocated to the holder of a licence and assigned to the boat specified in the licence, where the number of units is not more than 375 units and, in any other case, at the rate of $10.00 for each unit of fishing capacity allocated to a person.
The amount of the levy has been calculated to recover 38% of the estimated cost of management of the Northern Prawn Fishery in 1985/86.
Levy is not to be imposed on boats to which Class A units of fishing capacity and a Class C unit are assigned, until 1987, at which time these regulations will be amended.