Fisheries Levy Regulations (Amendment) 1993 No. 297
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 297
Issued by the authority of the Minister for Resources
Fisheries Levy Act 1984
Fisheries Levy Regulations (Amendment)
Section 8 of the Fisheries Levy Act 1984 (the Levy Act) empowers the Governor- General to make regulations for the purposes of sections 5 and 6 of the Act.
Paragraphs 5(a) and (ba) of the Levy Act impose levy on the grant under subsection 9(2) or (3) of the Fisheries Act 1952 (the 1952 Act) and renewal under subsection 9(6B) of the 1952 Act, respectively, of licences granted under subsection 9(2) or (3) of the 1952 Act, being licences prescribed for the purposes of those paragraphs.
Subsection 6(1) of the Levy Act provides, so far as is relevant, that the amount of levy imposed on the grant, or renewal of grant of a licence, is the amount specified in the Regulations.
Subsection 3(1) of the Act provides that a reference in the Act to a fisheries licence means a licence under the 1952 Act or the Torres Strait Fisheries Act 1984.
The 1952 Act was repealed by subsection 3(2) of the Fisheries Legislation (Consequential Provisions) Act 1991 (the Consequential Provisions Act) and regulation of Commonwealth fisheries came under the Fisheries Management Act 1991 (the Management Act). As a transitional arrangement, Part IVA of the 1952 Act was perpetuated under the Consequential Provisions Act for a further 2 years and will expire on 3 February 1994. There is a proposal currently before the Parliament to extend this period for a further 12 months. The result is that the fisheries (or parts of fisheries) which are the subject of agreements between the States and the Commonwealth made under Part IVA continue to be managed under the 1952 Act, instead of being managed under the Management Act, until the sunset provisions of subsection 7(3) of the Consequential Provisions Act take effect. Fisheries that continue to be managed under the 1952 Act in this manner are known as "Part IVA fisheries".
The Regulations amend the principal Regulations. The amendment implements a new levy base for Part IVA fisheries managed by the Australian Fisheries Management Authority (AFMA) and is proposed in parallel with amendments to the Fishing Levy Regulations in force under the Fishing Levy Act 1991 (the 1991 Levy Act), which set levy in relation to fisheries managed under the Management Act. The new levy base is structured on the basis of specific cost recovery from the users of each of AFMA's services.
If the management costs for a fishery are recovered by means of an amount of levy prescribed in a Regulation (known as a "fishery specific levy Regulation") which applies only to authorisations permitting fishing in the fishery and which is made under either the 1984 Levy Act or, if the fishery is not a Part IVA fishery, the 1991 Levy Act, then the fishery is known as a "formally managed fishery". The Regulations define an "informally managed fishery" to be, in effect, a fishery other than a formally managed fishery.
The Regulations specify a new amount of levy payable only on a prescribed licence authorising the use of a boat in an informally managed fishery. This amount of the levy is calculated on the basis of recovering a proportion of the costs of management (including surveillance and logbook programs) in informally managed fisheries. Levy that is currently collected under the principal Regulations on prescribed licences for formally managed fisheries would not be collected under the proposed Regulations.
Rather, levy to recover costs of managing a formally managed fishery would be collected only under the relevant fishery specific levy Regulation.
The effect of the Regulations is to require the payment of levy in the amount of $700 for a prescribed licence authorising the use of a boat in an informally managed fishery in the year that the licence is granted and further amounts of $700 for each subsequent renewal of the licence. Under section 7 of the Levy Act, the amount of levy would continue to be due and payable on the issue of a prescribed licence and on each renewal of that licence.
The proposed Regulations would apply (with exceptions) to prescribed licences issued or renewed after the commencement of the proposed Regulations. The exceptions are designed to extend the existing exemptions in the principal Regulations, so that the amount of levy is recovered only once during the annual period of currency of the prescribed licence, where a holder of the licence also holds other licences, fishing concessions under the Management Act or both, all authorising fishing in one or more informally managed fisheries using the same boat.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the amendment of the principal Regulations.
Regulation 2 amends regulation 2 (Interpretation) of the principal Regulations by inserting the definition of "informally managed fishery".
Regulation 3 amends regulation 3 (Prescribed licences) of the principal Regulations by adding an additional category of licences which are exempt from being prescribed licences.
Regulation 4 amends regulation 4 (Rate of levy in respect of the grant or renewal of a fisheries licence) of the Principal Regulations, to specify the new amount of levy payable in respect of prescribed licences.
Overview
The Fisheries Levy Regulations (Amendment) 1993 No. 297 were enacted to address the need for a revised levy system for fisheries management, particularly for fisheries that were still being managed under the repealed Fisheries Act 1952 as transitional arrangements expired. This amendment to the Fisheries Levy Regulations was issued under the authority of the Minister for Resources and aligns with the Fisheries Levy Act 1984, which empowers the Governor-General to make regulations concerning the imposition of a levy on fisheries licences. The policy objective behind these regulations is to establish a more equitable and cost-effective method of levy collection, ensuring that the costs of managing fisheries are appropriately recovered from their users.
The regulations introduce a new levy base for fisheries managed by the Australian Fisheries Management Authority, structured on specific cost recovery principles. They define "informally managed fisheries" as those not subject to a fishery-specific levy regulation, imposing a new levy of $700 on prescribed licences for such fisheries. This levy is calculated to recover a proportion of management costs, including surveillance and logbook programs. The new regulations aim to streamline the levy system, ensuring that levies are collected only once per annual period of licence currency for holders with multiple licences or concessions, thereby avoiding duplication in levy payments. These amendments took effect upon gazettal and apply to prescribed licences issued or renewed after their commencement, with specific exceptions to ensure consistent application.
Scope and Application
The Fisheries Levy Regulations (Amendment) 1993 apply to prescribed licences issued or renewed under the Fisheries Act 1952 and Torres Strait Fisheries Act 1984, specifically targeting those authorising the use of a boat in an informally managed fishery. These regulations are issued under the authority of the Minister for Resources and fall within the framework of the Fisheries Levy Act 1984. They delineate between informally managed fisheries, which are subject to a new levy structure, and formally managed fisheries, where costs are recovered through fishery-specific levy regulations. The new levy of $700 applies to each grant or renewal of a prescribed licence for informally managed fisheries, calculated to cover a proportion of the management costs. Exceptions are made to ensure that levy is not collected more than once per annual period of currency of the licence if the licence holder possesses other licences or fishing concessions authorising fishing in the same or different informally managed fisheries using the same boat. These regulations aim to streamline the collection of levies and ensure cost recovery is appropriately managed within the fisheries sector.
Key Provisions
The Fisheries Levy Regulations (Amendment) 1993 No. 297, issued under the authority of the Minister for Resources, provide amendments to the principal Fisheries Levy Regulations. These amendments introduce a new levy base for fisheries managed under the Fisheries Management Act 1991 (the Management Act) that are part of agreements between the States and the Commonwealth, referred to as "Part IVA fisheries". These regulations are designed to align with amendments to the Fishing Levy Regulations under the Fishing Levy Act 1991 (the 1991 Levy Act). Section 8 of the Fisheries Levy Act 1984 (the Levy Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Act. The new levy base aims to achieve specific cost recovery from users of services provided by the Australian Fisheries Management Authority (AFMA).
Under these regulations, a new levy amount is specified for prescribed licences authorising the use of a boat in an "informally managed fishery". An "informally managed fishery" is defined as a fishery that is not formally managed, meaning it is not subject to a fishery specific levy Regulation made under the Levy Act or the 1991 Levy Act. The regulations require the payment of a levy of $700 for a prescribed licence authorising the use of a boat in an informally managed fishery when the licence is granted and an additional $700 for each subsequent renewal of the licence. This amount is intended to recover a proportion of the costs associated with managing these fisheries, including surveillance and logbook programs.
The regulations also detail exemptions to ensure the levy is recovered only once during the annual period of currency of the prescribed licence, if a licence holder also holds other licences or fishing concessions authorising fishing in one or more informally managed fisheries using the same boat. The proposed amendments apply to prescribed licences issued or renewed after the commencement of the regulations, with exceptions designed to avoid double recovery of the levy.
The Fisheries Levy Regulations (Amendment) 1993 No. 297 impose obligations on licence holders to pay the specified levy for prescribed licences in informally managed fisheries. The regulations require compliance with the new levy amounts and ensure that the levy is applied in a manner that recovers management costs effectively. Failure to comply with these obligations may result in the non-recovery of management costs and potential enforcement actions. The regulations provide for a structured approach to levy collection, ensuring that the costs of managing fisheries are appropriately allocated to the users of AFMA's services.