EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 397
Issued by the Authority of the Minister for Primary Industry
FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT)
The purpose of the amendment is to validate the collection in 1986 of certain amounts of levy that were in accordance with the policy of the Government in relation to the levy to be imposed on the northern prawn fishery (the levy policy) but that were not as prescribed by the Fisheries Levy (Northern Prawn Fishery) Regulations (the principal regulations).
The levy policy is that, for a boat in the northern prawn fishery (the fishery) for which the applicable number of Class A units is 375 or fewer, the levy for the 1986 licensing year is to be $5.00 per Class A unit. In every other case, the levy for that year is to be $10.00 per unit.
Levy is imposed by paragraph 5(a) of the Fisheries Levy Act 1984 (the Act) on the grant of prescribed boat licences and by paragraph 5(bc) or (bd) of the Act on the allocation or re-allocation of prescribed Class A units.
An anomaly arose when, on commencement of the Northern Prawn Fishery Management Plan (the Plan) in force under s.7B(1) of the Fisheries Act 1952, many holders of Class A units already held licences for the boat to which those units would be assigned. In these circumstances, the regulations prescribe that levy is imposed by paragraph 5(bc) of the Act at the rate of $10.00 per unit. This is contrary to the intention of the levy policy.
Levy was in fact collected in 1986 at the rates specified in the levy policy. This was contrary to the regulations.
The amendment validates the collection of levy that was contrary to the regulations and provides for future collection of levy in circumstances analagous to those that gave rise to the inconsistency in 1986. The retrospective operation of the amendment does not impose any additional liability upon persons who paid a lower rate of levy in 1986 than was prescribed at the time.