Fisheries Management (Refund) Amendment Regulations 1999 (No. 1) 1999 No. 55
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 55
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management (Refund) Amendment Regulations 1999 (No. 1)
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral to make regulations for the purpose of the Management Act. Paragraph 168(2)(b) of the Management Act provides that regulations may be made providing for the remission or refund of levy under, amongst other legislation, the Fishing Levy Act 1991 (the Levy Act) or of penalty payable under Part 7 of the Management Act in relation to such levy. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the Regulations.
"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit. "Fishing permit" is defined under the Management Act to mean a fishing permit granted under section 32 of the Management Act. Subsection 32(1) of the Management Act provides that the Australian Fisheries Management Authority (AFMA) may, upon application in the approved form, grant to a person a fishing permit authorising the use of a nominated Australian boat for fishing in a specified area of the Australian Fishing Zone or a specified fishery.
The Fisheries Management (Refund) Regulations (the principal Regulations) provide for refund of levy to a person who surrenders a fishing permit before the permit expires where that person has paid levy under the Fishing Levy Regulations in relation to the period of time or part of the period of time that the permit has left to run.
The principal Regulations have been amended to provide for the refund of overpaid levy in respect of fishing permits for the South East Trawl Fishery granted between 1 December 1996 and 30 November 1997 allowing the taking of orange roughy. Calculation of the levy rate for quota species in the SETF involves a complex formula. However, as a result of a mathematical error in calculating this formula, the amounts prescribed for orange roughy quota units were incorrect. The principal Regulations have been amended to set out the correct amounts that should have been levied, and provide a formula for determining the amount to be refunded. The amount to be refunded is the difference between the amount of levy that should have been paid and the amount of levy that was paid under the Fishing Levy (All Fisheries) Regulations, where that difference is a positive amount.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the name of the Regulations is the Fisheries Management (Refund) Amendment Regulations 1999 (No. 1).
Regulation 2 states that the Regulations commence on gazettal.
Regulation 3 provides that the amendments of the principal Regulations are detailed in Schedule 1.
Schedule 1 provides for the insertion of a new Regulation 4 which sets out the formula for calculating the amount of levy to be refunded in respect of levy paid by the holder of a South East Trawl Permit granted in the period beginning on 1 December 1996 and ending on 30 November 1997 allowing the taking of orange roughy.
Overview
The Fisheries Management (Refund) Amendment Regulations 1999 (No. 1) were introduced to address an error in the calculation of the fishing levy for orange roughy quota units in the South East Trawl Fishery (SETF) for permits granted between 1 December 1996 and 30 November 1997. The Fisheries Management Act 1991 and the Fishing Levy Act 1991 established the legislative framework for fisheries management and levy imposition, respectively, with the Australian Fisheries Management Authority (AFMA) authorised to grant fishing permits. The original Fisheries Management (Refund) Regulations provided for the refund of overpaid levy in certain circumstances, but due to a miscalculation in the levy formula, an amendment was necessary to correct the levy amounts and provide for the refund of any overpaid levy. The policy objective is to ensure equitable treatment of permit holders by rectifying the levy error and providing appropriate refunds.
Scope and Application
The Fisheries Management (Refund) Amendment Regulations 1999 (No. 1) pertain to the Fisheries Management Act 1991, specifically targeting fishing permit holders who paid a fishing levy under the Fishing Levy Act 1991 during the period between 1 December 1996 and 30 November 1997 for the South East Trawl Fishery. These Regulations apply to any individual or entity that holds a fishing permit within the specified timeframe and has overpaid the fishing levy due to a mathematical error in the calculation of the levy rates for orange roughy quota units. The Regulations empower the Australian Fisheries Management Authority (AFMA) to refund the difference between the correct levy amount and the amount actually paid, where the difference is positive. The application of these Regulations is confined to Commonwealth waters, as defined under Australian fisheries legislation. There are no explicit exclusions mentioned in the explanatory statement, but the refund pertains solely to the overpaid levy for the specified fishing permits within the designated period. The Regulations extend their application through subordinate instruments, specifically by amending the principal Fisheries Management (Refund) Regulations.
Key Provisions
The Fisheries Management (Refund) Amendment Regulations 1999 (No. 1) primarily amend the existing Fisheries Management (Refund) Regulations by providing for the refund of overpaid fishing levies for certain fishing permits. Regulation 4, as introduced by Schedule 1 of the Amendment Regulations, specifies a formula to calculate the refund for fishing permits issued for the South East Trawl Fishery (SETF) between 1 December 1996 and 30 November 1997, specifically for the taking of orange roughy. This formula accounts for a mathematical error in the original calculation of the levy, which resulted in incorrect amounts being charged. The refund will be the difference between the correct levy amount and the amount paid, if the difference is positive.
Under these Regulations, both the Australian Fisheries Management Authority (AFMA) and permit holders have specific obligations. AFMA is responsible for implementing the refund formula set out in Regulation 4 and ensuring that any eligible permit holders are notified of their entitlement to a refund. Permit holders must provide necessary information and documentation to AFMA to substantiate their claims for overpaid levies. This includes evidence of the levy paid and the details of the fishing permit in question.
Failure to comply with these Regulations may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, breaches of regulations under the Fisheries Management Act 1991 can attract significant fines. For example, offences related to the incorrect payment of levies or fraudulent claims could result in penalties that are severe, reflecting the importance of compliance in fisheries management. The precise penalties would depend on the nature and severity of the breach, as well as any previous history of non-compliance.