EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 200
Issued by the authority of the Minister of State for
Primary Industries and Energy
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Subsection 17(1) of the Fisheries Act 1952 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 9(8) of the Act provides that such fees (if any) as are prescribed are payable in respect of the grant of licences, the endorsement of a licence, the transfer of a licence, or the variation of a licence, under section 9. Paragraph 17 (1)(ab) provides that the regulations may provide for prescribing fees for vthe issue of replacement licences under the Act.
Schedule 1 to the Fisheries Regulations (the Regulations) prescribes the fees payable in relation to the grant of licences, transfer of licences and issue of duplicate licences under section 9 of the Act. The fees prescribed in Schedule 1 have not been revised since the Schedule was added to the Regulations by Statutory Rules 1979 No. 187.
A comprehensive review of the costs incurred in carrying out the various licensing functions in respect of Australian fishing boats has highlighted that the fees in Schedule 1 do not reflect the actual costs of providing
these licensing services. It is proposed that the fees be revised to reflect recover the full cost of providing the services.
The most significant increases are in relation to the grant of a carrier boat licence under subsection 9(3) of the Act (from $80.00 to $290.00), transfer of a licence to another person under subsection 9(7) (from $1.00 to $270.00) and variation of a licence under subsection 9(7A) (nil to $340.00). These are due to the costs incurred in application of any transfer and boat replacement requirements that may apply to the licence.
The Fisheries Regulations (Amendment) repeals Schedule 1 to the Fisheries Regulations and substitutes a new Schedule which specifies fees payable in respect to the grant, transfer, variation, or issue of duplicates of licences under section 9 of the Act.
The Fisheries Regulations (Amendment) came into effect on 1 July 1990.