Fishing Levy Amendment Regulations 1999 (No. 2) 1999 No. 96
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 96
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Amendment Regulations 1999 (No. 2)
Section 8 of the Fishing Levy Act 1991 (the Levy Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Levy Act.
Section 5 of the Levy Act imposes levy in respect of a fishing concession. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by regulations.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 of the Management Act provides that the levy imposed by the Levy Act is due and payable at a time or times ascertained in accordance with the regulations made under the Management Act The Fishing Levy Amendment Regulations 1999 (the Regulations), like the principal Regulations, are to be made under both the Levy Act and the Management Act.
"Fishing Concession" is defined under the Levy Act and the Management Act to mean. among other things, a fishing permit.
The Regulations amend the provisions of the Fishing Levy Regulations (the Principal Regulations) that relate to the South Tasman Rise Fishery (STRF). The Regulations amend the dates when levy is due, to make them consistent with changed management arrangements that affect levy in this financial year and next financial year.
The STRF is fished primarily for orange roughy which is the only species in relation to which levy is collected. Management arrangements for the STRF include a Total Allowable Catch (TAC) for orange roughy. Once the amount of orange roughy taken by operators with permits for the fishery equals the TAC limit, then the fishery closes for the season. Previously, the season consisted of two periods with separate TAC's for each (effectively two seasons). However, the STRF now has a single season which runs from 1 March to the end of February the following year, with a single TAC. Levy is to be charged twice during this single season so as to allow operators to spread their costs over two financial years. This is also consistent with AFMA's budgeting arrangements. The Regulations amend the dates when levy is due to facilitate these changes.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 1999.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1 provides for a definition of 'first fishing period' to be inserted in Regulation 17.1 of the principal Regulations.
Schedule 1 Item 2 redefines 'leviable quantity' in Regulation 17.1 of the principal Regulations to account for the new management and levy arrangements.
Schedule 1 Item 3 provides for a definition of 'season' and 'second fishing period' to be inserted in Regulation 17.1 of the principal Regulations.
Schedule 1 Item 4 substitutes new dates for when levy is due in relation to each of the fishing periods.
Overview
The Fishing Levy Amendment Regulations 1999 (No. 2) were enacted to amend the existing Fishing Levy Regulations, which were established under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations were introduced by the Australian Parliament to address the need for updating the timing and structure of the fishing levies due to changes in the management arrangements of the South Tasman Rise Fishery (STRF). The policy objective is to ensure that the levy collection aligns with the new single season management structure and the Total Allowable Catch (TAC) for orange roughy, the primary species fished in this fishery. By amending the dates when the levy is due, the regulations aim to facilitate the changed financial and operational arrangements for the fishery, ensuring that operators can better manage their costs over the financial year.
The regulations were issued under the authority of the Minister for Agriculture, Fisheries and Forestry and commenced upon gazettal. They specifically modify the definitions and levy due dates in the principal regulations to reflect the new single season fishing period, which runs from 1 March to the end of February the following year. This amendment ensures that the levy is collected twice during this single season, allowing operators to spread their costs over two financial years, which is consistent with the Australian Fisheries Management Authority's budgeting practices. The regulations aim to streamline the levy collection process in line with the updated fishery management practices.
Scope and Application
The Fishing Levy Amendment Regulations 1999 (No. 2) applies to fishing concessions under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, specifically targeting operators who hold permits for the South Tasman Rise Fishery (STRF). This Act is applicable to both Commonwealth and state jurisdictions as it involves regulations made under federal acts. The primary focus of the Act is on levy imposition in relation to the fishing of orange roughy within the STRF. The amendment adjusts the levy dates to align with the new single season management arrangement and the Total Allowable Catch (TAC) for orange roughy, facilitating a more streamlined levy collection process over two financial years. The Regulations commenced on gazettal and involve specific amendments to the Fishing Levy Regulations, including redefinitions and adjustments to levy due dates to reflect the new management and levy arrangements.
Key Provisions
The Fishing Levy Amendment Regulations 1999 (No. 2) amend the Fishing Levy Regulations, primarily affecting the South Tasman Rise Fishery (STRF) (Regulation 3, Schedule 1). These amendments aim to align the levy dates with new management arrangements and ensure consistency with the financial and budgeting processes. Regulation 5 of the Fishing Levy Act 1991 authorises the Governor-General to make these regulations, which are intended to modify the levy schedule to reflect changes in the fishery's operational structure.
These Regulations impose several obligations on parties involved in the STRF. Operators must adhere to the new levy dates specified in Schedule 1 Item 4, which now require levy payments to be made twice within the single fishing season (Regulation 3, Schedule 1 Item 4). Additionally, operators need to be aware of the revised definitions of 'first fishing period','second fishing period', and'season' as outlined in Schedule 1 Items 1 and 3 (Regulation 3, Schedule 1 Items 1 and 3). These definitions are crucial for understanding when and how the levy should be calculated and paid.
Breaches of these regulations can lead to significant consequences. While specific penalties are not detailed in the text, non-compliance with regulations made under the Fishing Levy Act 1991 could result in fines or other enforcement actions as prescribed by relevant laws. It is essential for operators to ensure they meet all the requirements set forth in the amended regulations to avoid any potential penalties or disruptions in their operations.