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.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations 1986 were made under the authority of the Fisheries Levy Act 1984 by the Governor-General. These regulations were designed to implement a levy on the grant of certain licences and the allocation of specific units of fishing capacity within the Northern Prawn Fishery, as outlined in the Fisheries Act 1952. The primary objective of these regulations is to recover a portion of the estimated management costs of the Northern Prawn Fishery for the fiscal year 1985/86 by imposing a levy on the allocation of Class A units of fishing capacity, while excluding Class B and C units from this levy. The levy rates are set at $5.00 per unit for allocations up to 375 units and $10.00 per unit for larger allocations, aiming to ensure that the financial burden of managing the fishery is fairly distributed among the participants.
Scope and Application
The Fisheries Levy (Northern Prawn Fishery) Regulations 1986 establish the parameters for levying charges on certain aspects of the Northern Prawn Fishery, as outlined in the Fisheries Levy Act 1984. This Act enables the Governor-General to implement regulations concerning the levy on the grant of licences for certain classes of fishing and on the allocation or renewal of units of fishing capacity. Specifically, the regulations pertain to Class A units of fishing capacity, which are based on a boat's under-deck volume and main engine power, while Class B and Class C units are not subject to the levy. The regulations define which licences and units of fishing capacity are subject to the levy and the rates at which it is imposed, with different rates applied depending on the number of units allocated. These rates are set to cover 38% of the estimated management costs for the Northern Prawn Fishery in the 1985/86 financial year. Additionally, the regulations extend to boats assigned both Class A units and Class C units, although the levy on these combinations will not apply until 1987, subject to amendment of the regulations at that time.
Key Provisions
The main operative sections of the Fisheries Levy (Northern Prawn Fishery) Regulations are crucial for establishing the framework within which the levy operates. Regulation 4 (referenced in the explanatory statement) prescribes licences under sub-section 9(2) of the Fisheries Act 1952, focusing on boats to which Class A units of fishing capacity, other than suspense units, and a Class B unit of fishing capacity have been assigned. This regulation sets out the specific conditions under which these licences are granted for levy purposes under the Fisheries Levy Act 1984. Regulation 5 prescribes Class A units, excluding suspense units, that are allocated in accordance with the plan of management, aligning with the levy provisions under paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984. Finally, Regulation 6 sets the levy rates, imposing $5.00 per unit for up to 375 units and $10.00 per unit for any additional units allocated to a person.
These regulations impose specific obligations on parties involved in the Northern Prawn Fishery. For example, any entity or individual granted a licence under the Fisheries Act 1952, as specified in Regulation 4, must comply with the levy requirements as outlined in the Fisheries Levy Act 1984. Those who hold allocated Class A units, as per Regulation 5, are subject to the prescribed levy rates stipulated in Regulation 6. The regulations also mandate that only Class A units, based on boat specifications, are subject to the levy, while Class B and Class C units are exempt. Additionally, the levy does not apply to boats assigned Class C units until 1987, when the regulations are set to be amended.
The Fisheries Levy (Northern Prawn Fishery) Regulations include specific provisions for penalties and consequences related to non-compliance. While the explanatory statement does not explicitly detail penalties, the Fisheries Levy Act 1984, which these regulations implement, likely includes provisions for fines or other sanctions for non-compliance. Typically, such legislation may impose financial penalties for failure to pay the prescribed levy, with amounts determined by the court based on the severity of the breach. Civil or criminal consequences could also apply, depending on the extent and intent of the non-compliance. However, the exact penalties are not specified in the provided text, and further reference to the primary Act or additional regulations would be necessary for precise details.