Fishing Levy Amendment Regulations 2000 (No. 3) 2000 No. 271
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 271
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. 3)
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 a 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 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.
"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 amend the provisions of the Fishing Levy Regulations 1999 (the Principal Regulations) relating to the South Tasman Rise (STR) Fishery. The Principal Regulations provide that levy is payable for each permit for the STR Fishery at the rate of 10 cents per kilo of landed orange roughy. This levy has not been invoiced or collected by AFMA for the current STR Fishery permits as the arrangements for setting levy have been under review. This review was undertaken by AFMA, in consultation with the South Tasman Rise Australian Trawl Association and all permit holders.
As a result of this review it was agreed that a levy should be set at $3000 for each permit in force for the STR Fishery. All permit holders were informed in February 2000 that permits in force for the current fishing season would attract a levy of $3000. The Regulations implement this arrangement.
The Regulations commenced on gazettal.
Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 2000 (No. 3).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
Schedule 1 Item 1 amends regulations 18.1, 18.2 and 18.3 of the Principal Regulations to change the amount of levy that is payable for an STR Fishery permit and to set the dates by which that levy must be paid.
Overview
The Fishing Levy Amendment Regulations 2000 (No. 3) were enacted to address the need to revise the levy on fishing permits for the South Tasman Rise (STR) Fishery, as specified under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. Authorised by the Minister for Agriculture, Forestry and Fisheries, the regulations were designed to respond to a review undertaken by the Australian Fisheries Management Authority (AFMA), in consultation with relevant industry stakeholders. The existing levy, which was based on a rate per kilo of landed orange roughy, had not been invoiced or collected for the current fishing season due to the review process. The regulations establish a new flat rate levy of $3000 for each permit in force for the STR Fishery, reflecting the outcomes of the review and ensuring clarity and consistency in the levy system. These regulations commenced on the date of their gazettal, providing immediate effect to the new levy structure.
Scope and Application
The Fishing Levy Amendment Regulations 2000 (No. 3) apply to fishing concessions, specifically to permits for the South Tasman Rise (STR) Fishery, as defined under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The Regulations are concerned with the amendment of the Fishing Levy Regulations 1999 to set a new levy for STR Fishery permits, following a review by the Australian Fisheries Management Authority (AFMA) in consultation with relevant associations and permit holders. These Regulations are made under the authority of the Minister for Agriculture, Forestry and Fisheries and are effective across the Commonwealth of Australia. The Regulations do not include any specific exclusions or exemptions but instead focus on adjusting the levy for STR Fishery permits to $3,000 per permit, with specified payment dates. The application of these Regulations may be further detailed or refined through subordinate instruments, as permitted by the enabling Acts.
Key Provisions
The Fishing Levy Amendment Regulations 2000 (No. 3) amend the Fishing Levy Regulations 1999, primarily concerning the South Tasman Rise (STR) Fishery. The primary sections of the Amendment Regulations that alter the principal regulations are Regulation 3 and Schedule 1, particularly Item 1 of Schedule 1, which modifies regulations 18.1, 18.2, and 18.3 of the Principal Regulations. These modifications specify the new levy rate of $3000 for each permit in force for the STR Fishery and establish the dates by which this levy must be paid.
The obligations imposed by these Regulations on parties or entities governed by them are significant. Permit holders for the STR Fishery must now pay a levy of $3000 per permit. This change means that they must ensure timely payment of the levy by the dates set out in the amended regulations, which are now clearly defined in the updated Schedule. Additionally, Australian Fisheries Management Authority (AFMA) has an obligation to invoice and collect the new levy from permit holders in accordance with the amended regulations.
Failure to comply with the requirements set out in the Fishing Levy Amendment Regulations 2000 (No. 3) can result in civil and criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is common for breaches of fishing regulations to incur fines or other penalties as stipulated under related Acts, such as the Fisheries Management Act 1991. The maximum penalties for such breaches can vary but generally include substantial fines and potential legal action against the offending party. The precise nature and extent of these penalties would be further defined in the primary legislation and associated regulations.