Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2002 (No. 1) 2002 No. 1
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 1
Issued by the authority of the Minister for Forestry and Conservation
Fisheries Levy Act 1984
Torres Strait Fisheries Act 1984
Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2002 (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) (subsections 5(d) and 5(f)). 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 the regulations. Section 7 of the Levy Act provides that the levy is payable at the time of the grant or renewal of the licence (subsections 7(1) and 7(2)).
The purpose of the Regulations is to decrease the levy for licences granted or renewed in respect of the Torres Strait Prawn Fishery (the 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 Australia 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 the Minister may renew a licence granted under section 19.
At its meeting on 26 October 1996 the Torres Strait Protected Zone Joint Authority, consisting of the responsible Commonwealth and State Ministers, agreed that levy would be imposed on Torres Strait Prawn Fishery fishing licences. Cost recovery was to be phased in over three years commencing with 40% of the recoverable costs for the 1997/98 financial year, then 70% of the recoverable costs in 1998/99 and finally 100% of the recoverable costs in 1999/2000. Levy is imposed in the Torres Strait Prawn Fishery in respect of a licence granted for the fishery and also in respect of the number of fishing days authorised by that permit.
The Regulations amend the Torres Strait (Torres Strait Prawn Fishery) Regulations (the Principal Regulations) to set the levy that is imposed on Torres Strait Prawn Fishery fishing licences under subsection 19(2) of the TSF Act at $2,224.26 for each licence, plus $11.37 for each fishing day authorised by that permit. This is a decrease from $2,337.10 and $12.92 respectively.
The levy is calculated to cover the budgeted costs for managing the fishery during 2001/2002, which includes a carry-forward deficit from 2000/2001 of $13,500. The budget covers the anticipated costs of managing the fishery including logbook collection and data entry, surveillance, licensing and other administration.
The levy base has been endorsed by the industry representatives on the Torres Strait Prawn Fishery Working Group. These representatives are from the Torres Strait Prawn Entitlement Holders Association (TSPEHA) and the Queensland Seafood Industry Association (QSIA), the peak industry bodies in the fishery.
Licences will be granted or renewed in late February 2002. Fishing operators will apply for grant or renewal in the knowledge that this levy is payable.
The Regulations commenced on gazettal.
Regulation 1 provides for the Regulations to be cited as Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2002 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
Schedule 1 Item 1 amends regulation 4 of the Principal Regulations to reduce the amount of levy imposed.
Overview
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2002 (No. 1) were enacted in response to the need to manage and regulate the fishing activities in the Torres Strait Prawn Fishery, particularly by setting the levy for the fishing licences. This legislation is an amendment to the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984, and was authorised by the Parliament of Australia. The principal objective of the Regulations is to adjust the financial burden on the fishing operators by reducing the levy imposed on each licence and each authorised fishing day within the fishery. The Regulations were designed to ensure that the costs associated with managing the fishery, including surveillance, licensing, and administration, are effectively covered while providing a more manageable financial obligation for the industry stakeholders.
Scope and Application
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2002 (No. 1) applies to entities involved in the Torres Strait Prawn Fishery, particularly those who hold or are seeking to hold a licence for commercial fishing activities within the Torres Strait Protected Zone. This Act is a Commonwealth regulation that aligns with the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984. The Act imposes a levy on licences granted or renewed for the Torres Strait Prawn Fishery, specifically targeting the fishing industry within this geographical area. The levy is intended to cover the costs associated with the management of the fishery, including logbook collection, data entry, surveillance, and other administrative expenses. The Act sets forth a decreased levy rate of $2,224.26 per licence and $11.37 per authorised fishing day, which is a reduction from the previous rates of $2,337.10 and $12.92 respectively. The application of this regulation is enforced through the issuance and renewal of fishing licences within the Torres Strait, and its impact is expected to be felt by commercial fishing operators who engage in prawn fishing within the specified zone.
Key Provisions
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2002 (No. 1) amends the Torres Strait (Torres Strait Prawn Fishery) Regulations by reducing the amount of levy imposed on the grant or renewal of a licence for the Torres Strait Prawn Fishery. Under section 5 of the Fisheries Levy Act 1984, a levy is imposed on the grant or renewal of a licence for the fishery, and the amount is specified in the regulations. Regulation 4 of the Principal Regulations is amended to reduce the levy to $2,224.26 for each licence, and $11.37 for each fishing day authorised by the permit (Schedule 1, Item 1). This represents a decrease from the previous levy of $2,337.10 for the licence and $12.92 for each fishing day (section 5(d) and (f), Fisheries Levy Act 1984).
The Regulations impose obligations on the parties they govern, primarily the fishing operators who hold a licence for the Torres Strait Prawn Fishery. These operators must be aware that the levy is payable at the time of the grant or renewal of the licence, as specified in section 7 of the Fisheries Levy Act 1984. The fishing operators must also ensure that the correct levy is paid, as reduced by the Regulations, to the relevant authorities. Furthermore, the Regulations require that the industry representatives, specifically from the Torres Strait Prawn Entitlement Holders Association and the Queensland Seafood Industry Association, endorse the levy base, which has been incorporated into the Regulations.
Breach of the provisions in these Regulations may result in various consequences. While specific offences and penalties are not detailed within the explanatory statement, it is reasonable to infer that failure to comply with the requirements to pay the correct levy could lead to civil or administrative penalties. Such penalties might include fines or legal action for non-payment. The exact penalties would be determined under the relevant provisions of the Fisheries Levy Act 1984 or other applicable legislation. Additionally, ongoing non-compliance could potentially lead to revocation of the fishing licence, thereby preventing the operator from engaging in commercial fishing activities in the Torres Strait Prawn Fishery.