Fisheries Management Amendment Regulations 2000 (No. 3) 2000 No. 310
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 310
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2000 (No. 3)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Act to be prescribed and regulations necessary or convenient to be prescribed in carrying out or giving effect to the Act Subsection 168(2)(e)(ii) provides that. regulations may be made to effect the imposition and recovery of fees in respect of the making of applications under the Act.
Section 8 of the Levy Act 1991 and section 168 of the Act empower the Governor-General to make regulations for the recovery of levy.
Regulation 21 of the Fisheries Management Regulations 1992 (the Principal Regulations)
provides that prescribed fees are payable in respect of the matters set out in Schedule 2. These matters include the making of an application for a fishing permit.
Subregulation 21(2) of the Principal Regulations provides, in part, that the fees for an application to vary a condition on a fishing permit prescribed in item 9 of Schedule 2 are not payable if that variation is to take account of the transfer of quota in the South East Trawl Fishery. This provision exists because quota transfers occur frequently throughout the fishing season and the costs of these transactions are recovered through the levy set for that fishery under the Fishing Levy Regulations.
The Fisheries Management Amendment Regulations (the Regulations) have two purposes. The first is to apply the exemption set out in Subregulation 21(2) of the Principal Regulations to a]', the fisheries managed by a system of Individual Transferable Quota (ITQ), under which units of quota are transferred frequently between permit holders throughout the fishing season. The South East Non-trawl Fishery is currently managed using ITQs, and an ITQ system will shortly be implemented in the Southern Shark Fishery. The costs of these transactions are, or will be, recovered through the levy set for the relevant fishery.
The second purpose of the Regulations is to remove the fee that is imposed under the Principal Regulations in respect of applications for fishing permits in formally managed fisheries, except the Heard Island and McDonald Islands Fishery (HIMIF) or Macquarie Island Fishery (MIF). (The HIMIF and MIF have separate application fees as set out in Schedule 2 of the Principal Regulations.) These fees are to be recovered through the levy structure for each managed fishery, and the prescribed fee in item 1 of Schedule 2 of the Principal Regulations is therefore redundant.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2000.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1 substitutes new subregulations that provide that permit condition variation fees in relation to quota transfers are not payable in respect of permits for all fisheries managed by a quota system.
Schedule 1 Item 2 omits item 1 of Schedule 2 of the Principal Regulations.
Overview
The Fisheries Management Amendment Regulations 2000 (No. 3), made under the Fisheries Management Act 1991, were enacted to address certain inefficiencies in the fee structure for fisheries permits and to streamline the recovery of costs associated with quota transfers. The regulations were issued by the authority of the Minister for Agriculture, Fisheries and Forestry and aim to ensure that the fees and levies are aligned with the operational realities of the fisheries, particularly those managed by an Individual Transferable Quota (ITQ) system. The policy objective behind these amendments is to ensure that the costs associated with quota transfers and permit applications are appropriately and efficiently managed through the existing levy structures, thus avoiding redundancy and improving the economic efficiency of the fisheries management system.
Scope and Application
The Fisheries Management Amendment Regulations 2000 (No. 3) apply to fisheries managed under the Fisheries Management Act 1991, particularly those employing a system of Individual Transferable Quota (ITQ), such as the South East Non-trawl Fishery and the soon-to-be-implemented system in the Southern Shark Fishery. These regulations focus on modifying the fees associated with permit applications and variations, specifically removing fees for applications related to quota transfers in ITQ fisheries and eliminating fees for fishing permit applications in formally managed fisheries, with the exception of the Heard Island and McDonald Islands Fishery and the Macquarie Island Fishery. These changes are intended to streamline fee structures by redirecting the costs of quota transactions to the levy structure specific to each fishery, ensuring that the recovery of costs is more accurately aligned with the transaction types and their frequency within each fishery. The regulations extend to the Commonwealth level, as they are made under the authority granted by the Fisheries Management Act 1991 and the Levy Act 1991.
Key Provisions
The Fisheries Management Amendment Regulations 2000 (No. 3) primarily aim to streamline fee structures for applications related to fishing permits and quota transfers under the Fisheries Management Act 1991. Regulation 3 of Schedule 1 introduces significant changes by amending the Fisheries Management Regulations 1992. Firstly, it extends the exemption for fees related to quota transfers, as outlined in subregulation 21(2) of the Principal Regulations, to all fisheries managed by an Individual Transferable Quota (ITQ) system (Schedule 1, Item 1). This ensures that the costs associated with frequent quota transfers are recovered through the applicable fishery levy rather than through permit application fees. Secondly, it removes the application fees for fishing permits in fisheries managed under a quota system, except for the Heard Island and McDonald Islands Fishery (HIMIF) and Macquarie Island Fishery (MIF), which maintain their own fee structures (Schedule 1, Item 2). These changes reflect a policy shift towards levy-based cost recovery, which is considered more equitable and efficient.
The Regulations impose several obligations on permit holders and applicants. Firstly, permit holders involved in quota transfers in ITQ-managed fisheries are no longer required to pay fees for variations in permit conditions related to quota transfers (Schedule 1, Item 1). Instead, they must ensure that all such transactions are covered under the fishery's levy structure. Secondly, applicants for fishing permits in quota-managed fisheries, excluding HIMIF and MIF, must be aware that they no longer need to pay a fee for their applications, as these costs will be recovered through the relevant fishery's levy (Schedule 1, Item 2). This shift in fee structure necessitates that permit holders and applicants stay informed about the applicable levies to avoid any misunderstandings or non-compliance.
Non-compliance with the provisions of the Fisheries Management Amendment Regulations 2000 (No. 3) could result in significant consequences. Although the explanatory statement does not explicitly list offences or penalties, it is reasonable to infer that failure to adhere to the new fee structures and levy recovery requirements could lead to civil or criminal penalties under the Fisheries Management Act 1991. These penalties might include fines or other sanctions, depending on the severity and intent of the breach. The specific penalties would be determined by the courts, taking into account the circumstances of each case. However, the precise maximum penalties are not detailed in the explanatory statement, leaving room for interpretation based on the relevant legislative framework.