Fishing Levy Amendment Regulations 2002 (No. 1) 2002 No. 26
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 26
Issued by the authority of the Minister for Forestry and Conservation
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Amendment Regulations 2002 (No. 1)
Section 8 of the Fishing Levy Act 1991 (the Levy Act) provides that the Governor-General may make regulations for the purposes of section 6 of the Levy Act.
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 5 of the Levy Act imposes levy in respect of a fishing concession.
Section 168 of the Fisheries Management Act 1991 (the Management Act) provides that the Governor-General may 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 Regulations 2001 (the principal Regulations) set the amounts of levy payable on fishing concessions that relate to the 2001/2002 financial year in each of the fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth.
The purpose of the Regulations is to amend the principal Regulations to give effect to a decision by AFMA to change the name of the Jack Mackerel Fishery to the Small Pelagic Fishery. This new name better reflects the range of species that are targeted in this fishery, which include small pelagic species other than Jack Mackerel. The Regulations substitute each reference to the Jack Mackerel Fishery with a reference to the Small Pelagic Fishery.
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 2002 (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 replaces the reference to the Jack Mackerel Fishery in note 1 to Regulation 1.5 of the principal Regulations with a reference to the Small Pelagic Fishery.
Schedule 1 Item 2 substitutes a new heading for Part 8 of the principal Regulations which has the effect of changing the name of the fishery described in that Part from Jack Mackerel Fishery to Small Pelagic Fishery.
Schedule 1 Item 3 substitutes references to the Jack Mackerel Fishery in Regulation 8.1 with references to the Small Pelagic Fishery.
Schedule 1 Item 4 substitutes references to the Jack Mackerel Fishery in Subregulation 8.2(1) with references to the Small Pelagic Fishery.
Schedule 1 Item 5 substitutes references to the Jack Mackerel Fishery in Subregulation 8.2(2) with references to the Small Pelagic Fishery.
Overview
The Fishing Levy Amendment Regulations 2002 (No. 1) were enacted by the Governor-General under the authority of the Minister for Forestry and Conservation. This amendment to the Fishing Levy Regulations 2001 addresses the need to update the nomenclature of the Jack Mackerel Fishery to more accurately reflect the range of species targeted in the fishery. The policy objective of the Fishing Levy Act 1991 is to impose a levy in respect of fishing concessions, with the amount of the levy prescribed by regulations. The Fishing Management Act 1991 complements this by providing for the regulation of when the levy is due and payable. The Regulations amend the principal Regulations to substitute references to the Jack Mackerel Fishery with references to the Small Pelagic Fishery, ensuring the regulatory framework is consistent with the current fishing practices and nomenclature.
Scope and Application
The Fishing Levy Amendment Regulations 2002 (No. 1) apply to fishing concessions and levies within the framework established by the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations are applicable to the fishing industry and entities that hold fishing concessions managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth. The primary focus of these amendments is to update the name of the Jack Mackerel Fishery to the Small Pelagic Fishery, reflecting the broader range of species targeted in this fishery. The Regulations are designed to ensure the continuity and clarity of levy imposition and collection processes within the specified fisheries. These regulations have a national reach as they are enacted under the authority of the Commonwealth and apply to fisheries managed by AFMA throughout Australia. The Regulations do not introduce new exclusions or exemptions but rather modify existing references to align with the new naming convention. The application and enforcement of these regulations may be further detailed in subordinate instruments or guidelines issued by AFMA.
Key Provisions
The Fishing Levy Amendment Regulations 2002 (No. 1) amend the existing Fishing Levy Regulations 2001, which set the amounts of levy payable on fishing concessions for the 2001/2002 financial year across various fisheries managed by the Australian Fisheries Management Authority (AFMA). Regulation 1 of the Amendment Regulations specifies the title of the new Regulations, while Regulation 2 provides that the Regulations commence on the date of their gazettal. Regulation 3 indicates that the substantive changes are detailed in Schedule 1, which amends the principal Regulations. The primary change effected by Schedule 1 is the renaming of the Jack Mackerel Fishery to the Small Pelagic Fishery to better reflect the range of species targeted within this fishery.
Under the amended Regulations, any references to the Jack Mackerel Fishery in the principal Regulations are now references to the Small Pelagic Fishery. Specifically, Schedule 1 Item 1 replaces the reference in note 1 to Regulation 1.5, while Item 2 changes the heading in Part 8 to reflect the new name. Schedule 1 Items 3, 4, and 5 substitute references to the Jack Mackerel Fishery with the Small Pelagic Fishery in Regulations 8.1, 8.2(1), and 8.2(2) respectively. These amendments ensure consistency in the application of the regulations across all relevant sections.
The obligations imposed by these Regulations primarily affect those who hold fishing concessions within the Small Pelagic Fishery. These individuals or entities are required to comply with the amended regulations by paying the prescribed levies as stipulated in the updated Regulations. The Regulations ensure that all references to the previously named fishery are now correctly updated to reflect the new name, ensuring clarity and accuracy in the application and enforcement of the levy.
The Fishing Levy Amendment Regulations 2002 (No. 1) do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, under the overarching framework of the Fishing Levy Act 1991 and the Fisheries Management Act 1991, non-compliance with the prescribed regulations and payment of the fishing levy could result in penalties. These may include fines or other enforcement actions as stipulated under the parent acts. The exact penalties would be governed by the provisions of these parent acts, which may include financial penalties or other regulatory sanctions for non-compliance.