Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2004 (No. 1) 2004 No. 7
EXPLANATORY STATEMENT
STATUTORY RULES 2004 No. 7
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 2004 (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 levy is payable at the time of the grant or renewal of the licence.
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations (the Regulations) set a 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 Protected Zone Joint Authority, consisting of the relevant 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% in the 1997/98 financial year, then 70% in 1998/99 and finally 100% 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 $2,703.60 for each licence, plus $11.41 for each fishing day authorised by that licence. This will be an overall decrease from $2,611.96 and $15.49 respectively.
The levy decrease has been endorsed by the Torres Strait Prawn Fishery Working Group. Representatives from the Torres Strait Prawn Entitlement Holders Association (TSPEHA), the peak industry body, are members of the working group and have accepted the proposed levy. Representatives of that organisation and the Queensland Seafood Industry Association have approved the proposed levy.
Licenses will be granted or renewed in February 2004. Applications for grant or renewal will be made with 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 2004 (No. 1).
Regulation 2 provides that the Regulations commence on the date of their notification in the Gazette.
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
Schedule 1 Item 1 amends regulation 4 of the Principal Regulations to change the amount of levy imposed.
Overview
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2004 (No. 1), issued under the authority of the Minister for Fisheries, Forestry and Conservation, were enacted to amend the existing levy structure for the Torres Strait Prawn Fishery as outlined in the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984. These regulations address the need to adjust the financial burden on commercial fishing licence holders in the Torres Strait Prawn Fishery by setting a new levy rate. The policy objective behind these amendments was to implement a phased approach to cost recovery for the fishery, as agreed by the Protected Zone Joint Authority in 1996, which involved adjusting the levy rates incrementally over three years. This amendment reflects the agreement and endorsement by relevant industry stakeholders, including the Torres Strait Prawn Entitlement Holders Association and the Queensland Seafood Industry Association. The new levy rates, set at $2,703.60 per licence and $11.41 per authorised fishing day, are designed to be payable at the time of licence grant or renewal, thereby ensuring transparency and predictability for licence holders.
Scope and Application
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2004 (No. 1) amends the existing regulations concerning the levy imposed on fishing licences within the Torres Strait Prawn Fishery, as specified under the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984. These regulations apply to individuals or entities that hold or seek to hold a fishing licence for the Torres Strait Prawn Fishery, specifically targeting the grant or renewal of such licences. The geographic scope of these regulations is confined to the waters within the Torres Strait Protected Zone, as defined by the Torres Strait Treaty. The regulations set the levy at $2,703.60 per licence and $11.41 per authorised fishing day, a reduction from the previous rates. These amendments are effective from the date of their notification in the Gazette, and the decreased levy has been endorsed by relevant stakeholders including the Torres Strait Prawn Entitlement Holders Association and the Queensland Seafood Industry Association. The regulations do not specify any exclusions or exemptions, applying uniformly to all qualifying licences within the specified fishery.
Key Provisions
The primary operative sections of the Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2004 (No. 1) (the Regulations) amend the existing Torres Strait (Torres Strait Prawn Fishery) Regulations (the Principal Regulations) to modify the levy on Torres Strait Prawn Fishery fishing licences. Section 1 of the Regulations names them and Section 2 specifies their commencement date, which is the date of notification in the Gazette. Section 3 indicates that the Regulations amend the Principal Regulations, and Schedule 1 details the specific changes. The most significant change is set out in Schedule 1 Item 1, which modifies regulation 4 of the Principal Regulations to reduce the levy on each licence to $2,703.60 and on each fishing day to $11.41.
The Regulations impose specific obligations on parties involved in the Torres Strait Prawn Fishery. These obligations include the payment of the amended levy on licences granted or renewed, as outlined in the Regulations. The levy is payable at the time of the grant or renewal of a licence, as specified in Section 7 of the Fisheries Levy Act 1984 (Levy Act). The amendment is effective from the date of the Regulations' commencement, meaning that any licence applications submitted after this date will be subject to the new levy rates. The parties involved, including licence applicants and holders, must be aware of and comply with these new financial obligations.
The Regulations do not explicitly outline specific offences or penalties for non-compliance with the new levy rates. However, under the general provisions of the Fisheries Levy Act 1984, failure to pay the prescribed levy could be considered a breach of the Act, potentially leading to enforcement actions. While the exact penalties for non-compliance are not detailed in the Regulations, they could include fines or other civil or criminal consequences as prescribed by the Fisheries Levy Act 1984. It is essential for all parties to adhere to the new levy requirements to avoid any potential repercussions.