Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2003 (No. 1) 2003 No. 1
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 1
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Levy Act 1984
Torres Strait Fisheries Act 1984
Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2003 (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 increase 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 1984, which is annexed to the TSF Act. Section 24 provides that the Minister may renew a licence granted under section 19.
Levy is imposed in the 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 Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 (the Principal Regulations) to set the levy that is imposed on Fishery fishing licences under subsection 19(2) of the TSF Act at $2,611.96 for each licence, plus $15.49 for each fishing day authorised by the respective licences. This is an increase from $2,224.26 and $11.37, respectively.
The levy is calculated to cover the budgeted costs for managing the fishery during 2002-03, which includes a carry-forward deficit from 2001-02 of $26,537. The budget covers the anticipated recurrent costs of managing the fishery including logbook collection; data entry; surveillance; licensing; and increased staff time required by extensive consultation over the proposed reduction in effort including a review of the stock assessment and a strategic assessment of the fishery, as required under Part 10 of the Environment Protection and Biodiversity Conservation Act 1999.
The levy base has been considered by the industry representatives on the Torres Strait Prawn Fishery Working Group and 20 members of the Torres Strait Prawn Entitlement Holders Association at their annual general meeting in Cairns (on 20 December 2002). Industry deficit. The Office of Regulation Review has advised that a Regulatory Impact Statement is not required for levy regulations such as these.
Licences will be granted or renewed on 25 February 2003. Fishing operators will apply for grant or renewal in the knowledge that this levy is payable.
The proposed Regulations would commence on gazettal.
The Minute recommends that the Regulations be made in the form proposed.
Authority: Section 8 of the Fisheries Levy Act 1984
Overview
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2003 (No. 1) were enacted to address the need for an increased levy to cover the costs associated with managing the Torres Strait Prawn Fishery under the Fisheries Levy Act 1984. These regulations, introduced by the Minister for Fisheries, Forestry and Conservation, aim to adjust the levy imposed on licences granted or renewed for the fishery, reflecting the anticipated costs for the 2002-03 period, including a deficit carry-forward from the previous year. The regulations set the levy at $2,611.96 per licence and $15.49 per authorised fishing day, up from $2,224.26 and $11.37, respectively, and are designed to ensure the fishery's management costs are adequately covered, encompassing activities such as logbook collection, data entry, surveillance, and licensing. The increase was reviewed and agreed upon by industry representatives, and the Office of Regulation Review confirmed that a Regulatory Impact Statement was not necessary for these specific regulations. The regulations are set to commence upon gazettal, ensuring that fishing operators are aware of the revised levy when applying for licence grants or renewals on 25 February 2003.
Scope and Application
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2003 (No. 1) applies to the grant or renewal of licences for the commercial fishing of prawns in the Torres Strait Prawn Fishery, as governed by the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984. These regulations specifically target entities and individuals holding or applying for licences within the Fishery. The scope of the Act encompasses the entire area of Australian jurisdiction within the Torres Strait Protected Zone, as defined under the Torres Strait Treaty 1984 and the TSF Act. The regulations set forth the new levy amounts, with a base levy of $2,611.96 for each licence and an additional $15.49 for each fishing day authorised, reflecting an increase from previous rates. This levy is intended to cover the management costs of the fishery, including surveillance, licensing, and consultation processes. The application of these regulations is limited to the specific context of the Torres Strait Prawn Fishery, and no broader exclusions, exemptions, or thresholds are noted within the text. The regulations extend the application of the levy through the amendment of the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998, and will come into effect upon gazettal.
Key Provisions
The main operative sections of the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2003 (No. 1) (the Regulations) are set out in Section 4, which specifies the new levy amounts for each licence and each fishing day authorised by the licence. According to Section 4(1), the levy for each licence granted for the Torres Strait Prawn Fishery will be $2,611.96, and Section 4(2) states that the levy for each fishing day authorised by the licence will be $15.49. These changes are an increase from the previous amounts of $2,224.26 and $11.37, respectively, as detailed in the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 (the Principal Regulations). The purpose of these amendments is to cover the budgeted costs for managing the fishery during the 2002-03 period, including a carry-forward deficit from the previous financial year.
The Regulations impose obligations on parties and entities involved in the Torres Strait Prawn Fishery. Licence holders, who are granted or renew their licences under the Torres Strait Fisheries Act 1984, are required to pay the updated levy amounts specified in the Regulations. The Minister for Fisheries, Forestry and Conservation has the authority to grant and renew these licences under Section 19(2) of the Torres Strait Fisheries Act 1984. The levy is payable at the time of the grant or renewal of the licence, as stipulated in Section 7 of the Fisheries Levy Act 1984. These obligations ensure that the costs associated with managing the fishery are adequately funded and that the levy base has been considered by industry representatives.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Regulations for non-compliance with the new levy requirements. However, non-payment of the specified levy amounts could potentially lead to enforcement actions under the Fisheries Levy Act 1984 or the Torres Strait Fisheries Act 1984. The Minister has the discretion to take action against licence holders who fail to pay the levy, which could include the suspension or revocation of their licences. Although specific penalties are not outlined in the Regulations, the Acts under which the Regulations are made may provide for enforcement measures and penalties for non-compliance.
In conclusion, the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2003 (No. 1) establish new levy amounts for licences and fishing days in the Torres Strait Prawn Fishery, requiring licence holders to pay these updated amounts. The Regulations ensure that the management costs for the fishery are adequately funded and have been considered by industry representatives. Although no explicit penalties are stated in the Regulations, non-compliance with the levy requirements could result in enforcement actions under the Fisheries Levy Act 1984 or the Torres Strait Fisheries Act 1984.