EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
Fisheries Levy Act 1984
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2025
Legislative Authority
The Fisheries Levy Act 1984 (the Levy Act) provides for the imposition of a levy with respect to certain fisheries licences granted and renewed under the Torres Strait Fisheries Act 1984 (TSF Act) and the allocation and renewal of certain units of fishing capacity (units) under a plan of management determined under that Act.
Section 8 of the Levy Act provides that the Governor-General may make regulations for the purposes of sections 5 and 6 of the Levy Act. Section 5 of the Levy Act imposes a levy on, amongst other things, the grant or renewal of a licence and the allocation and renewal of units issued under the TSF Act. Section 6 of the Levy Act provides that the amount of levy imposed on, amongst other things, the grant or renewal of a licence or on the allocation or renewal of units are such amounts as specified in, or calculated in accordance with, the regulations.
Section 7 of the Levy Act provides who is to pay the levy and that it is payable at the time of the grant or renewal of the licence or at the time of the allocation or renewal of units.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Purpose
The purpose of the Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2025 (the Regulations) is to amend the Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 to set the levy amount applicable to licences and units held in the Torres Strait Prawn Fishery (the Fishery), for the 2025-26 financial year.
Background
The attributable costs of managing the Fishery are recovered from the holders of licences and units pursuant to a decision of the Protected Zone Joint Authority (PZJA), which is established by the TSF Act and has responsibility for managing all Torres Strait commercial fisheries. The recoverable costs of administering the Fishery are levied against the licence(s) and/or the unit(s) of fishing capacity held by a person or entity.
The total amount to be recovered through Fishery levies is determined by the following inputs:
- the preparation of a cost recovery implementation statement (CRIS) that meets the requirements of the Australian Government Cost Recovery Policy. The Australian Fisheries Management Authority (AFMA) conducts an annual update of its CRIS to ensure that the cost recovery arrangements are adequate to enable it to continue to effectively discharge its regulatory and other functions;
- the previous financial year levy acquittal which determines any under collection or overcollection; and
- levies exclude expenditure and revenue related to fee-for-service charges.
Consultation
As changes to the levy rates each year impact the holders of licences and units in the Fishery, rather than the broader Australian public, AFMA focuses its consultation on the Torres Strait Prawn Management Advisory Committee (TSPMAC). The TSPMAC provides advice to the PZJA. There is no peak industry body for the Fishery.
The TSPMAC is independently chaired and comprises representatives from government, non-traditional inhabitant industry members, traditional inhabitant industry members and fisheries scientists. In July 2025, the TSPMAC was provided a copy of the 2025-26 cost recovered budget for comment. The TSPMAC did not request any changes to, and agreed with, the 2025-26 cost recovered budget.
Impact and Effect
The impact of the Regulations is that it requires holders of licences and units in the Fishery to pay the levy amount applicable for the 2025-26 financial year, in accordance with section 7 of the Levy Act.
The levy amount collected from all the Fishery licence and unit holders reflects the level of activity required by the PZJA to manage the Fishery, such as setting allowable fishing effort levels and monitoring the condition of the prawn stocks. Renewal of licences in 2025-26 under the legislation is subject to payment of levy, which in turn will allow fishers to use their fishing entitlements in the 2026 fishing season. The amount of levy payable by each holder depends on the quantity of licences and units held.
Details/ Operation
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
The Regulations commence on the day after the instrument is registered.
The details of the Regulations are set out in Attachment A.
Other
The Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.
ATTACHMENT A
Details of the Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2025
Section 1 – Name
This section provides that the name of the Regulations is the Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2025 (the Regulations).
Section 2 – Commencement
This section provides that the Regulations commence on the day after the instrument is registered.
Section 3 – Authority
This section provides that the Regulations are made under the Fisheries Levy Act 1984.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016
To calculate the levy payable, the Torres Strait Prawn Fishery total costs are split between licences and units of fishing capacity. Licence costs are apportioned based on number of licences. Units of fishing capacity costs are apportioned based on number of units of fishing capacity.
Item [1] - Subsections 8(2) and (3)
This item relates to the grant and renewal of licences respectively.
This item omits “$1,347.73 plus $13.30” and substitutes “$2,047.31 plus $18.96” in subsections 8(2) and (3) of the Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 (the Principal Regulation).
This amendment has the effect that the amount of levy payable is $2,047.31 plus $18.96 for each unit of fishing capacity prescribed by section 6 of the Principal Regulation, for the purposes of paragraphs 5(bc) and (bd) of the Levy Act, to be held by the person in respect of the licence or renewed licence.
Item [2] - Subsections 8(4) and (5)
This item relates to the allocation of units of fishing capacity and the renewal of allocation of units of fishing capacity respectively.
This item omits the amount “$13.30” and substitutes it with the amount “$18.96” in subsections 8(4) and (5) of the Principal Regulation.
This amendment has the effect that the amount of levy payable is $18.96 for the allocation of, or the renewal of an allocation of, a unit of fishing capacity prescribed by section 6 of the Principal Regulation (other than a unit of fishing capacity referred to in subsection 8(2) or (3) of the Principal Regulation) for each unit of fishing capacity allocated, or each unit of fishing capacity the allocation of which is renewed.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2025
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
This Disallowable Legislative Instrument amends the Fisheries Levy (Torres Strait Prawn Fishery) Regulation 2016 to set the levy amount applicable to licences and allocated units of fishing capacity held in the Torres Strait Prawn Fishery, for the 2025‑26 financial year.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Julie Collins MP
Minister for Agriculture, Fisheries and Forestry