EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 3
Issued by the Authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Levy Act 1984
Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1)
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 granted under subsection 19(2) or (3) of 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 2006 (No. ) (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 or her discretion, grant to a person a licence in respect of a boat authorizing the use of that boat for taking fish in the course of commercial fishing in areas of the Australian jurisdiction and for carrying, or processing and carrying, fish that have been taken, in areas of the Australian jurisdiction, with the use of the licensed boat. Section 24 provides that the Minister may renew a licence granted under section 19.
In 1996 the Protected Zone Joint Authority (PZJA), consisting of the relevant Commonwealth and State Ministers, agreed that levy would be imposed on Torres Strait Prawn Fishery fishing licences.
The purpose of the Regulations is to increase the levy for licences granted or renewed and also in respect of the number of fishing days authorised by that licence. The Regulations amend the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 (the Principal Regulations) to set the levy at $2680.27 for each licence, plus $14.93 for each fishing day authorised by that licence. Compared to the current levy, this represents a decrease from $2,699.20 for each licence and an increase from $9.43 for each authorised fishing day.
The net effect for an individual licence holder is a minimal overall difference from the previous year. For example, a licence holder with 100 authorised fishing days in 2005 would have paid $3,612.20 ($2,699.20 + 100 x $9.43). This is compared to $3,710.44 ($2,680.27 + 69 x $14.93) for the 2006 season.
The proposed levy base has been notified to the Torres Strait Prawn Fishery Working Group (including representatives from the Torres Strait Prawn Entitlement Holders Association), the Queensland Seafood Industry Association and all licence holders.
Licenses will be granted or renewed in February 2006. Applications for grant or renewal will be made with the knowledge that this levy is payable.
The Office of Regulation Review advised that a Regulation Impact Statement is not mandatory on the basis that the levy is of a minor or machinery nature and does not substantially alter existing arrangements (ID7902).
The Levy Act does not specify any conditions as needing to be met before the power to make the Regulations may be exercised.
Details of the Regulations, which commenced on the day after they were registered on the Federal Register of Legislative Instruments, are set out below.
Regulation 1 provides for the Regulations to be cited as Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1).
Regulation 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
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 2006 (No. 1) were enacted under the Fisheries Levy Act 1984 to address the need for adjusting the financial contributions made by licence holders in the Torres Strait Prawn Fishery. This legislation was introduced to align the financial burden of licensing with the current economic conditions and operational costs. The regulations were issued by the Minister for Fisheries, Forestry and Conservation, following the agreement of the Protected Zone Joint Authority in 1996 to impose a levy on fishing licences. The policy objective is to ensure that the levies reflect the current operational costs while maintaining a fair and manageable financial commitment for licence holders. The Regulations, which came into effect the day after their registration, amend the previous Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 to adjust the levy rates, aiming for a balanced approach that considers both the economic implications for the industry and the sustainability of the fishery.
Scope and Application
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1) amends the existing Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 to adjust the levy for licences granted or renewed for the Torres Strait Prawn Fishery. These regulations apply to persons or entities holding or seeking to hold a licence for commercial fishing activities in the Torres Strait Prawn Fishery, which falls under the purview of the Torres Strait Fisheries Act 1984. The amendments pertain specifically to the financial burden associated with obtaining or maintaining a licence, which includes a base levy for each licence and an additional charge for each authorised fishing day. The Regulations set a base levy of $2680.27 per licence and an additional $14.93 for each fishing day authorised by the licence, adjustments that reflect a decrease in the base levy and an increase in the per fishing day levy. These regulations operate within the Commonwealth jurisdiction and are designed to ensure that all licence holders are aware of the financial obligations associated with their fishing activities in the specified fishery. There are no exclusions, exemptions, or thresholds specified in these Regulations, and they apply uniformly to all relevant licence holders.
Key Provisions
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1) make specific amendments to the existing Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998. According to Regulation 3, Schedule 1 amends the Principal Regulations, effectively setting a new levy amount for licences granted or renewed under the Torres Strait Fisheries Act 1984. The levy is set at $2680.27 for each licence, plus $14.93 for each fishing day authorised by that licence. This represents a decrease in the levy per licence from $2,699.20 and an increase in the levy per fishing day from $9.43. These amendments came into effect on the day after the Regulations were registered on the Federal Register of Legislative Instruments.
The Regulations impose obligations on licence holders within the Torres Strait Prawn Fishery, particularly those who have applied for or renewed their licences. These obligations include being aware of and accepting the new levy amounts, as set out in the amended regulations. Licence holders must ensure that they meet the new financial requirements when applying for or renewing their licences in February 2006. The new levy rates have been communicated to all relevant parties, including the Torres Strait Prawn Entitlement Holders Association, the Queensland Seafood Industry Association, and individual licence holders.
Under the Fisheries Levy Act 1984, failure to comply with the provisions of the Regulations may lead to civil or administrative consequences. Although the Act does not specify particular offences or penalties, non-compliance with the new levy requirements could potentially result in the denial of licence grants or renewals. This could have significant operational and financial implications for those involved in the Torres Strait Prawn Fishery. Furthermore, the Office of Regulation Review has determined that a Regulation Impact Statement is not mandatory for these amendments, as they do not substantially alter existing arrangements.
The new levy rates have been carefully calculated and communicated to ensure that the impact on individual licence holders is minimal. For example, a licence holder with 100 authorised fishing days in 2005 would have paid $3,612.20, compared to $3,710.44 for the 2006 season, representing only a slight increase. This careful consideration of the financial impact on stakeholders demonstrates a balanced approach to the regulation of the Torres Strait Prawn Fishery, aiming to maintain fairness and sustainability within the industry.