EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 365
Issued by the authority of the Minister of State for Resources
FISHERIES LEVY ACT 1984
FISHERIES LEVY (NORTHERN PRAWN FISHERY!
REGULATIONS (AMENDMENT)
Section 8 of the Fisheries Lew Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of section 5 and 6 of the Act.
Paragraphs 5 (be) and (bd) of the Act impose levy on the allocation and renewal of 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 allocation of a unit of fishing capacity is the amount specified in the Regulations.
Subsection 3 (2) of the Act provides that a reference in the Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity for a fishery is divided
The Northern Prawn Fishery Management Plan (the Plan) provides that the fishing capacity of the Northern Prawn Fishery shall be divided into units, which are defined as a measure of the engine power and hull size of boats in the fishery.
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) (“the regulations”) specify amounts of levy in respect of different classes of units which authorise fishing in the Northern Prawn Fishery during different specific periods between 14 December in a year and 13 December in the subsequent year. The periods were previously 1 November in a year to 31 May in the subsequent year and from 1 June in that year to 31 October in that year. Due to financial difficulties and the introduction of enhanced restructuring arrangements for the fishery the dates of levy collection have been put back and rearranged. Under the regulations, there will be two fishing periods being 14 December in a year to 13 July in the subsequent year, and 14 July to 13 December in the same year. As a result of the change, no levy will be payable for November and the first half of December 1990. This allows fishing in 1990 season to be completed prior to the payment of levy.
The effect of the regulations will be to require the payment of the following amounts of levy in respect of an allocation or renewal of allocation of class A units:
as described in paragraphs 3 (a) and 3 (c) the Principal Regulations for the period 14 December in a year to 13 July in the subsequent year $17.40;
as described in paragraphs 3 (b), 3(d) and 3(e) of the Principal Regulations for the period 13 December in a year to 14 July in the subsequent year $22.40
No amounts have been yet determined for the period 14 July to 13 December.
The regulations commenced on Gazettal.