Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025

EXPLANATORY STATEMENT

Issued by Authority of the Minister for Agriculture, Fisheries and Forestry

Fishing Levy Act 1991

Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025

Legislative Authority

The Fishing Levy Act 1991 (the Levy Act) imposes a levy in respect of fishing concessions.

Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the regulations. Section 8 of the Levy Act provides that the Governor‑General may make regulations for the purposes of section 6 of the Levy Act.

Section 110 of the Fisheries Management Act 1991 (the Management Act) provides that the levy imposed by the Levy Act is due and payable at a time or times prescribed in accordance with the related regulations.

‘Fishing concession’ is defined in the Levy Act with reference to the definition of ‘fishing concession’ in the Management Act and relevantly includes a ‘statutory fishing right’ (SFR) and a ‘fishing permit’.

Under the Management Act:

• a SFR is a right set out in subsection 21(1), which relevantly includes a right to take a particular quantity of fish, or a right to a particular proportion of the fishing capacity that is permitted by or under a plan of management for a fishery; and
• a fishing permit is a permit granted to a person under section 32, authorising that person (or a person acting on that person’s behalf) to use an Australian boat for fishing in a specified area of the Australian Fishing Zone, or in a specified fishery.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose

The purpose of the Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025 (the Regulations) is to amend the Fishing Levy Regulations 2018 (the Principal Regulations) to make an annual adjustment to implement cost recovery by:

• setting the amounts of levy payable in respect of fishing concessions for the purpose of section 6 of the Levy Act; and
• setting the levy amounts for the 15 Commonwealth fisheries that have leviable concessions and that are either described in section 18 of the Fisheries Management Regulations 2019 or in fisheries management plans determined in accordance with section 17 of the Management Act.

A related instrument, made under the Management Act, the Fisheries Management (Fishing Levy Collection) Amendment (2025‑2026 Instalment Dates) Regulations 2025, provides for when levy amounts imposed are due and payable and also provides for the payment of those levies by way of instalments.

Background

The total amount to be recovered through fishery levies is determined by the following inputs:

• the preparation of a cost recovery implementation statement (CRIS) that meets the requirements of the Australian Government Cost Recovery Guidelines. Australian Fisheries Management Authority (AFMA) conducts an annual update of its CRIS to ensure that the cost recovery arrangements are adequate to enable it to continue to effectively discharge its regulatory and other functions;
• the previous financial year levy acquittal which determines any undercollection or overcollection;
• levies include a component that is subsequently paid by AFMA to the Fisheries Research and Development Corporation under subsection 36(1) of the Primary Industries Levies and Charges Disbursement Act 2024; and
• levies exclude expenditure and revenue related to fee-for-service charges.

Levy amounts for the Torres Strait Prawn Fishery (which is managed under the Torres Strait Fisheries Act 1984) are prescribed in separate regulations under the Fisheries Levy Act 1984.

Consultation

AFMA provided the draft CRIS to its peak body, the Commonwealth Fisheries Association (CFA), on 24 July 2025 and subsequently held a comprehensive briefing with the CFA Chair and board members on 31 July 2025. A summary of that discussion, prepared jointly with the CFA Chair, was provided to the Minister for Agriculture, Fisheries and Forestry (the Minister). The Minister approved the final CRIS on 2 September 2025.

AFMA’s CRIS is published each year on the AFMA website and there has been no material change to the methodologies for calculating the levy rates from prior years. As such, no additional consultation (beyond the consultation outlined above) was undertaken in relation to the Regulations specifically because the change to the levies set out in the Regulations are driven by, and consistent with, the CRIS.

Impact and Effect

The impact of the Regulations is that it requires fishing concession holders to pay levy amounts to the government in accordance with section 7 of the Levy Act. The amount of levy payable depends on the cost to manage the relevant fishery and/or fish stock, and quantity and types of fishing concessions held. The effect of the Regulations, in setting amounts of levy payable for the 2025-2026 financial year, is to assist in enabling concession holders to utilise their fishing concessions in the relevant Commonwealth fishery. This occurs because AFMA’s cost recovered activities include the administration of the fishing concessions system, the setting of sustainable catch limits using the best available science, developing and implementing the fishing rules and monitoring fishing activity.

Although the overall amount to be collected from the Commonwealth fishing industry has increased from the preceding year, the amount to be recovered from each fishery varies due to factors including:

• changes in management and research priorities for each fishery;
• adjustments for prior year over/under collections; and
• any changes during the financial year that alter the amount of resources required to administer the fishery.

Details/ Operation

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence on the day after the instrument is registered.

The details of the Regulations are set out in Attachment A.

Other

The Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

ATTACHMENT A

Details of the Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025

Section 1 – Name

This section provides that the name of the Regulations is the Fishing Levy Amendment (2025‑2026 Levy Amounts) Regulations 2025 (the Regulations).

Section 2 – Commencement

This section provides for the Regulations to commence the day after the instrument is registered.

Section 3 – Authority

This section provides that the Regulations are made under the Fishing Levy Act 1991.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

Fishing Levy Regulations 2018

Item [1] - Subsection 5(1) (definition of new levy day)

This item omits Fishing Levy Amendment (2024-2025 Levy Amounts) Regulations 2024 and substitutes Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025 in subsection 5(1) (definition of new levy day) of the Fishing Levy Regulations 2018 (the Principal Regulations).

This item has the effect that the new levy day is the day when the Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025 commence.

Item [2] - Subsection 8(2)

This item omits $1.0985 and substitutes $1.05048 in subsection 8(2) of the Principal Regulations.

To calculate the levy payable the fishery total costs, which is made up of a fisheries management component and a research component, is  divided by the number of commercial scallop quota gear SFRs in the fishery.

Items [3] – [4] - Paragraph 9(2)(a) and subsection 9(2) (table)

Item 3 omits $11,142.42 and substitutes $15,271.40 in paragraph 9(2)(a) of the Principal Regulations.

Item 4 repeals and substitutes the table in subsection 9(2) of the Principal Regulations with the following table:

To calculate the levy payable the fishery total costs, excluding observer costs, are divided by the number of Coral Sea Fishery permits in the fishery. Observer costs are then split based on expected use, with 80 per cent allocated to Line and 20 per cent to Hand Collection methods.

Item [5] - Subsection 10(2)

This item omits $1,308.19 and substitutes $2,323.44 in subsection 10(2) of the Principal Regulations.

The Eastern Skipjack Fishery and Western Skipjack Fishery are managed under a single budget. To calculate the levy payable the fisheries’ total costs are divided by the number of permits for both fisheries.

Item [6] - Subsection 11(2) (table)

This item repeals and substitutes the table in subsection 11(2) of the Principal Regulations with the following table:

To calculate the levies payable for each concession, the following methodology is applied to the fishery total costs:

• the fishery total costs are split into fixed costs of managing the fishery, and variable costs which depend on the level of fishing effort;
• the fixed costs are allocated 65 per cent to ETBF longline boat SFRs which is divided by the number of ETBF longline boat SFRs, and allocated 35 per cent to ETBF minor line boat SFRs which is divided by the number of ETBF minor line boat SFRs; and
• the variable costs are apportioned to quota SFRs based on Gross Value of Production.

Operators who wish to fish in the Coral Sea Zone of the fishery are required to hold both a Longline Boat SFR and a Coral Sea Zone Boat SFR, hence there is no separate charge for a Coral Sea Zone Boat SFR.

Item [7] - Subsection 12(2)

This item omits $21.54 and substitutes $25.18 in subsection 12(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs, which is made up of a fisheries management component and a research component, is divided by the number of quota SFRs in the fishery.

Item [8] - Subsection 13(2)

This item omits $28.36 and substitutes $25.06 in subsection 13(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs are divided by the number of quota SFRs in the fishery.

Item [9] - Subsection 14(2)

This item omits $73.91 and substitutes $67.48 in subsection 14(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs are divided by the number of gear SFRs in the fishery.

Item [10] - Subsection 15(2)

This item omits $17,717.86 and substitutes $10,727.88 in subsection 15(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs are divided by the number of permits in the fishery.

Item [11] - Subsection 16(2) (table)

This item repeals and substitutes the table in subsection 16(2) of the Principal Regulations with the following table:

To calculate the levy payable, the fishery total costs, which is made up of a fisheries management component and a research component, is apportioned based on AFMA employee effort, which is adjusted for species specific research, and then allocated to the relevant species quota SFR. 

Items [12] – [17] refer to the Southern and Eastern Scalefish and Shark Fishery (SESSF)

Section 17 and section 18 of the Principal Regulations prescribe the levy payable for SFRs and fishing permits in the SESSF. The SESSF incorporates the management of a number of fisheries including the Great Australian Bight (GAB) Trawl Sector; the Gillnet Hook and Trap Sector (GHT); and the Commonwealth South East Trawl Sector; under a single management framework (the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003).

Item [12] - Subsection 17(2) (table)

This item repeals and substitutes the table in subsection 17(2) of the Principal Regulations with the following table:

To calculate the levy payable for each SESSF boat SFR, the fixed costs of managing the relevant fishery are apportioned by AFMA employee effort by SFR.

Item [13] - Subsection 17(3) (table)

This item repeals and substitutes the table in subsection 17(3) of the Principal Regulations with the following table:

To calculate the levies payable for each concession, the following methodology is applied to the variable costs:

• the species average catch for the prior 3 years is proportioned by fishery;
• management determines effort by species, this is known as the management cost multiplier;
• the average catch by fishery is multiplied by the management cost multipler to determine the proportion of species contribution by fishery;
• the fishery total costs are allocated to the proportion of species contribution by fishery; and
• fishery costs by species are totalled, with research costs allocated directly to species.

Where subsection 18(4) applies, in which a fishing permit ceases to be in force and the fishing activity becomes authorised under a SFR, the total levy amount is apportioned such that two-thirds is payable in respect of the fishing permit under subsection 18(3), and one-third is payable in respect of the SFR under subsection 17(3). This split ensures that the cost is proportioned between the two types of concessions. In the following year, where the fishing activity is solely authorised by the SFR, the full levy amount will be payable under subsection 17(3).

Item [14] - Subsection 17(4) (table)

This item repeals and substitutes the table in subsection 17(4) of the Principal Regulations with the following table:

To calculate the levies payable for each concession, the following methodology is applied to the variable costs:

• the species average catch for the prior 3 years is proportioned by fishery;
• management determines effort by species, this is known as the management cost multiplier;
• the average catch by fishery is multiplied by the management cost multipler to determine the proportion of species contribution by fishery;
• the fishery total costs are allocated to the proportion of species contribution by fishery; and
• fishery costs by species are totalled, with research costs allocated directly to species.

Where subsection 18(4) applies, in which a fishing permit ceases to be in force and the fishing activity becomes authorised under a SFR, the total levy amount is apportioned such that two-thirds is payable in respect of the fishing permit under subsection 18(3), and one-third is payable in respect of the SFR under subsection 17(3). This split ensures that the cost is proportioned between the two types of concessions. In the following year, where the fishing activity is solely authorised by the SFR, the full levy amount will be payable under subsection 17(3).

Item [15] - Subsection 18(2) (table)

This item repeals and substitutes the table in subsection 18(2) of the Principal Regulations with the following table:

To calculate the levy payable for each SESSF fishing permit, the fixed costs of managing the relevant fishery are apportioned by AFMA employee effort by fishing permit.

Item [16] - Subsection 18(3) (table)

This item repeals and substitutes the table in subsection 18(3) of the Principal Regulations with the following table:

To calculate the levies payable for each concession, the following methodology is applied to the variable costs:

• the species average catch for the prior 3 years is proportioned by fishery;
• management determines effort by species, this is known as the management cost multiplier;
• the average catch by fishery is multiplied by the management cost multipler to determine the proportion of species contribution by fishery;
• the fishery total costs are allocated to the proportion of species contribution by fishery; and
• fishery costs by species are totalled, with research costs allocated directly to species.

Item [17] - Paragraphs 18(4)(a) and (b)

This item omits 2025 and substitutes 2026 in paragraphs 18(4)(a) and (b) of the Principal Regulations.

This item updates the paragraphs with dates applicable to the 2025-26 financial year, which has the effect that if a leviable SESSF quota fishing permit ceases to be in force on 30 April 2026 and an equivalent leviable SESSF quota SFR is in force on 1 May 2026, then the levy payable in respect of the quota fishing permit is equal to two thirds of the total annual levy.

Item [18] - Subsection 19(2)

This item omits $0.3075 and substitutes $0.35087 in subsection 19(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs, which is made up of a fisheries management component and a research component, is divided by the total number of Southern Bluefin Tuna Fishery SFRs in the fishery.

Item [19] - Subsection 20(2)

This item omits $17.284 and substitutes $21.90 in subsection 20(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs are divided by the total number of gear SFRs in the fishery.

Item [20] - Subsection 21(2)

This item omits $8,378.82 and substitutes $8,609.36 in subsection 21(2) of the Principal Regulations.

To calculate the levy payable, the fishery total costs are divided by the total number of fishing permits in the fishery.

Item [21] - Subsection 22(2)

This item omits $1,308.19 and substitutes $2,323.44 in subsection 22(2) of the Principal Regulations.

The Eastern Skipjack Fishery and Western Skipjack Fishery are managed under a single budget. To calculate the levy payable, the fisheries’ total costs are divided by the number of permits from both fisheries.

Item [22] - Subsection 23(2) (table)

This item repeals and substitutes the table in subsection 23(2) of the Principal Regulations with the following table:

To calculate the levy payable the fishery total costs are split into fixed costs of managing the fishery, and variable costs which depend on the level of fishing effort. The fixed costs are divided by the number of boat SFRs in the fishery, and the variable costs are divided by the number of quota SFRs in the fishery.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument sets the amounts of levy that are payable for Commonwealth fishing concessions for the 2025-26 financial year.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Julie Collins MP

Minister for Agriculture, Fisheries and Forestry