Fishing Levy Amendment Regulations 2000 (No. 1) 2000 No. 57
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 57
Issued by the authority of the Minister for Agriculture, Forestry and Fisheries
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Amendment Regulations 2000 (No. 1)
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 the Regulations.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral 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.
"Fishing Concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit.
The purpose of the Fishing Levy Amendment Regulations (the Regulations) is to provide for the collection of levy for a new fishery.
The Fishing Levy Regulations 1999 (the Principal Regulations) set the amount of levy to be collected for fisheries managed by AFMA. The East Coast Deepwater Zone Fishery (the ECDZ Fishery) is an additional fishery to which access will be given to some current South East Trawl Fishery operators. Since a period of exploratory fishing in the early 90s when the area was managed as a separate fishery, there has been no activity in the proposed zone for approximately five years. Recently there has been renewed interest in the area by operators who also fish the deepwater areas of the South East Trawl Fishery. New arrangements have been developed for the area in consultation with all stakeholders to enable access by some current South East Trawl Fishery operators and the zone will possibly be included as part of the South East Trawl Fishery in the future. The arrangements to grant access to operators for this area have been finalised since the principal Regulations were made. The proposed Regulations therefore amend the principal Regulations to allow levy to be collected in respect of the new permits that will be issued for the ECDZ Fishery.
The Regulations commenced on gazettal.
Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 2000 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
Schedule 1 Item 1 inserts a reference to the East Coast Deepwater Zone Fishery into Note 1 of the Principal Regulations.
Schedule 1 Item 2 inserts a new Part 4A into the principal Regulations which sets out the amount of levy and when levy must be paid in respect of the East Coast Deepwater Fishery. The levy amount is a fixed amount. Levy must be paid at the same time as levy must be paid for the South East Trawl Fishery.
Overview
The Fishing Levy Amendment Regulations 2000 (No. 1) were enacted to address the need for regulating the collection of fishing levies for a newly introduced fishery, specifically the East Coast Deepwater Zone Fishery (ECDZ Fishery). This amendment was necessary following renewed interest and activity in the area, which had been inactive for about five years. Authorised by the Minister for Agriculture, Forestry and Fisheries, the Regulations amend the Fishing Levy Regulations 1999 to include provisions for the ECDZ Fishery. This allows for the imposition of levies for new permits issued for this fishery, aligning with the existing framework for the South East Trawl Fishery. The Regulations commenced upon gazettal, ensuring that the new levies could be effectively collected from operators participating in the ECDZ Fishery.
Scope and Application
The Fishing Levy Amendment Regulations 2000 (No. 1) apply to the collection of fishing levies for the East Coast Deepwater Zone (ECDZ) Fishery, which is a new fishery introduced to allow access to some current South East Trawl Fishery operators. The Regulations amend the existing Fishing Levy Regulations 1999 to include the ECDZ Fishery, setting the amount of levy and the payment schedule. These regulations apply to the entities and persons who hold fishing concessions, specifically fishing permits, for the ECDZ Fishery. The amendments are made pursuant to the authority granted under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, and they have a national jurisdictional reach as they pertain to Commonwealth waters. The Regulations do not explicitly state any exclusions, exemptions, or thresholds, but they do specify that the levy amount is a fixed rate and must be paid concurrently with the levy for the South East Trawl Fishery. The Regulations came into effect immediately upon gazettal and provide for the levy collection to be integrated into the existing regulatory framework for fisheries managed by the Australian Fisheries Management Authority (AFMA).
Key Provisions
The Fishing Levy Amendment Regulations 2000 (No. 1) are an amendment to the existing Fishing Levy Regulations 1999. Regulation 3 of the Amendment Regulations amends the Principal Regulations by inserting references to the East Coast Deepwater Zone (ECDZ) Fishery into Note 1 and establishing a new Part 4A. This new Part 4A (Schedule 1, Item 2) sets out the amount of levy and the payment terms for the ECDZ Fishery. The amount of levy is specified as a fixed amount and it must be paid at the same time as the levy for the South East Trawl Fishery.
The Amendment Regulations impose specific obligations on those who operate in the ECDZ Fishery. Primarily, these obligations pertain to the payment of the levy as set out in the new Part 4A. Operators must ensure that the prescribed levy is paid in accordance with the timing and amount specified. This requirement is in addition to any other obligations they might have under the Fisheries Management Act 1991 and the Fishing Levy Act 1991.
Non-compliance with the provisions of these Regulations could result in civil or criminal penalties. Under the Fisheries Management Act 1991, failure to pay the levy when due can lead to financial penalties. The Act does not specify the exact amount of these penalties, but they could include fines or other financial sanctions. Furthermore, persistent non-compliance or other breaches of the Act could lead to more severe criminal penalties, including imprisonment. The exact nature and severity of these penalties would depend on the specifics of the case and the discretion of the court.
In summary, the Fishing Levy Amendment Regulations 2000 (No. 1) introduce new requirements for operators in the ECDZ Fishery, specifically in relation to the payment of a fixed amount of levy. Non-compliance with these requirements could lead to financial penalties under the Fisheries Management Act 1991 and potentially more severe criminal penalties.