Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1)

Administered by Department of Agriculture

Legislation au F1998B00344 Regulations Not in force Legislative Instrument

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Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1) 1998 No. 327

EXPLANATORY STATEMENT

STATUTORY RULES 1998 No. 327

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Fisheries Levy Act 1984

Torres Strait Fisheries Act 1984

Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1)

Section 8 of the Fisheries Levy Act 1984 (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 levy on, amongst other things, the grant or renewal of a licence under the Torres Strait Fisheries Act 1984 (TSF Act). Section 6 of the Levy Act provides that the amount of levy imposed on the grant or renewal of a licence is such amount as is specified in, or calculated in accordance with, the regulations. Section 7 of the Levy Act provides that the levy imposed by the Levy Act is payable at the time of the grant or renewal of the licence.

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1) (the Amendment) set a levy for licences granted or renewed in respect of the Torres Strait Prawn Fishery (the prawn fishery).

Subsection 19(2) of the TSF Act provides that the Minister may, at his discretion, grant to a person a licence authorising the use of a specified boat for taking fish in the course of commercial fishing and for carrying, or processing and carrying, fish taken with the use of the licensed boat in areas of Australian jurisdiction. "Area of Australian jurisdiction" is defined in section 3 of the TSF Act and includes areas of waters within the Torres Strait Protected Zone, as defined in the Torres Strait Treaty, which is annexed to the TSF Act. Section 24 provides that a Minister may renew a licence granted under section 19.

Section 22 of the TSF Act provides that a licence granted under section 19 of the TSF Act is subject to such conditions as are specified on the licence, and empowers the Minister to vary or revoke a condition or specify further conditions as the case may be. Section 23 of the TSF Act provides, among other things, that a licence granted under section 19 (other than a licence renewed under section 24) remains in force until the day specified for the purpose in the licence, being a day not more than 12 months after the day on which the licence comes into force, or such longer period as may be specified in the regulations.

Section 30 of the Act provides for the establishment of a Torres Strait Protected Zone Joint Authority consisting of the responsible Commonwealth and Queensland Ministers (the PZJA), having such functions as are conferred on it by Part V of the Act in relation to fisheries in respect of which arrangements are made under section 31. An arrangement has been made under section 31 specifying that the prawn fishery is to be managed by the PDA.

Torres Strait Fisheries Management Notice No 43 made under subsection 16(1) of the TSF Act prohibits the taking of prawns unless the requirements of clause 7 of the notice are satisfied. One of the requirements contained in clause 7 is that a prawn fishery licence must include a condition that limits the number of days in a year that the boat specified in the licence can be in the area of the prawn fishery.

At its meeting on 26 October 1996 the MA agreed that levy ought to be imposed for Torres Strait Prawn Fishery fishing licences. Cost recovery was to be phased in over three years commencing with 40% in the 1997/98 financial year, then 70% in 1998/99 and finally 100% in 1999/2000. Cost recovery was introduced by the Fisheries Levy (Torres Strait Prawn Fishery) Regulations for the 1998/99 financial year with 40% of the recoverable costs being levied.

For the 1998/99 financial year the Amendment sets the levy that would be imposed on Torres Strait Prawn Fishery fishing licences granted under section 19(2) of the TSF Act at $1125.80 plus $4.66 for each day the boat specified on the licence is entitled to be in the area of the prawn fishery. This is an increase from $730.30 and $2.43 respectively, reflecting the increase, from 40% to 70%, in the recoverable costs levied. Levy is payable on the grant or renewal of a licence.

Details of the Amendment, which commenced on gazettal, are set out below:

Regulation 1 provides that the Amendment may be cited as the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that the amendments are set out in Schedule 1.

Schedule 1:

* Item 1 amends the name of the Regulations.

* Item 2 imposes the amount of levy.

 

Overview

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1) were enacted to address the need for increased cost recovery in the Torres Strait Prawn Fishery. This legislation, issued under the authority of the Minister for Agriculture, Fisheries and Forestry, is an amendment to the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984. The primary policy objective of these regulations is to impose a levy on licences granted or renewed for the Torres Strait Prawn Fishery, thereby recovering costs associated with the management and regulation of the fishery. The Amendment Regulations, which came into effect upon gazettal, set the levy amount for the 1998/99 financial year at $1125.80 plus an additional $4.66 for each day the boat specified on the licence is entitled to be in the prawn fishery area, reflecting an increase from the previous year to cover 70% of recoverable costs. This phased approach to cost recovery was agreed upon by the Ministerial Advisory Group to ensure a gradual implementation and to manage the financial implications for licence holders.

Scope and Application

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1) applies to persons or entities holding or seeking a licence for commercial fishing in the Torres Strait Prawn Fishery, particularly focusing on the grant or renewal of such licences under the Torres Strait Fisheries Act 1984. These regulations set out the amount of levy to be imposed on licences granted or renewed within the specified prawn fishery, reflecting the cost recovery approach determined by the Minister for Agriculture, Fisheries and Forestry. The levy is calculated based on the number of days the licensed boat is permitted to be in the prawn fishery area, and it is payable at the time of licence grant or renewal. The regulations are applicable within the jurisdictional scope of the Torres Strait Protected Zone, which includes waters within the Torres Strait as defined in the Torres Strait Treaty. The Amendment Regulations, which came into effect upon gazettal, are a direct result of the Fisheries Levy Act 1984, which empowers the Governor-General to make regulations for imposing a levy on the grant or renewal of licences in the Torres Strait Prawn Fishery. The Amendment Regulations extend the application of the Fisheries Levy Act by specifying the increased levy amounts for the 1998/99 financial year, reflecting the phase-in of cost recovery from 40% to 70%. The regulations do not explicitly state any exclusions or exemptions, but they are subject to the conditions and provisions outlined in the Torres Strait Fisheries Act 1984, including the management by the Torres Strait Protected Zone Joint Authority.

Key Provisions

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 1998 (No. 1) (the Amendment) establish the levy for licences granted or renewed in respect of the Torres Strait Prawn Fishery, as provided under the Fisheries Levy Act 1984 (Levy Act) and the Torres Strait Fisheries Act 1984 (TSF Act). Specifically, Section 5 of the Levy Act imposes a levy on the grant or renewal of a licence under the TSF Act, and Section 6 of the same Act specifies that the amount of the levy is determined by the regulations. The Amendment sets the levy for the 1998/99 financial year at $1125.80 plus $4.66 for each day the boat specified on the licence is entitled to be in the area of the prawn fishery. This amount is payable at the time of the grant or renewal of the licence (Section 7 of the Levy Act). The Amendment imposes several obligations on parties involved in the Torres Strait Prawn Fishery. Licence holders must ensure that the specified amount of levy is paid at the time of the grant or renewal of their licence, as per Section 7 of the Levy Act. Furthermore, under Section 22 of the TSF Act, any conditions specified on a licence, including those related to the levy, must be adhered to. The Torres Strait Protected Zone Joint Authority (PZJA) and the Minister for Fisheries are responsible for managing and enforcing compliance with these regulations. Any breach of the provisions under the Amendment may result in civil or criminal consequences. For instance, failure to pay the specified levy on the grant or renewal of a licence could result in the non-issuance or revocation of the licence. Additionally, the Minister may impose further conditions, vary existing conditions, or revoke a licence under Section 22 of the TSF Act. The maximum penalties for non-compliance are not explicitly stated in the text but may include fines or imprisonment, as typically provided under the relevant Acts and regulations.

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