Fishing Levy Amendment Regulations 2002 (No. 2) 2002 No. 104
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 104
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. 2)
Section 8 of the Fishing Levy Act 1991 (the Levy Act) provide that the Governor-General may 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) 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.
"Fishing Concession" is defined in section 3 of the Levy Act and section 4 of the Management Act to mean, among other things, a fishing permit.
The purpose of the Regulations is to amend the Fishing Levy Regulations 2001 to include provisions that set the amount of levy payable for a fishing permit for the Bass Strait Scallop Fishery (the Fishery).
The Regulations are made under both the Levy Act and the Management Act.
In accordance with government policy and legislation, AFMA recovers from the holders of fishing concessions (operators) in each fishery:
• the costs of management attributable to the operators' activities, such as the costs of developing and implementing management arrangements, surveillance costs and costs of running the Management Advisory Committees (MACs); and
• the fishing industry's contribution to the Fisheries Research & Development Corporation (FRDC) to fund research in each fishery. (This contribution is known as the research component and is recovered under the Levy Act in accordance with the Primary Industries and Energy Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations. A part of the research component is recovered from each fishery, with that part being collected from each concession holder in the fishery.)
Other costs, such as the costs of prosecutions, are funded by the Commonwealth.
AFMA recovers the management costs and the research component in the form of a levy paid to the Commonwealth under the Levy Act and the Management Act, which is then paid to AFMA under arrangements provided for in the Fisheries Administration Act 1991.
The Regulations set the levy payable for a Bass Strait Scallop Fishery fishing permit in force during the period from 17 May 2002 to 30 April 2003. The amount of levy payable is $1,607. This amount has been calculated to include a component for the costs of managing the fishery, and a research component of $60.
Levy is payable on 14 June 2002 or 28 days after the invoice date for the levy, whichever is later.
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. 2).
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 Bass Strait Scallop Fishery into Note 1 after regulation 1.5.
Schedule 1 Item 2 inserts a new Part 1A which imposes a levy for Bass Strait Scallop Fishery fishing permits.
Overview
The Fishing Levy Amendment Regulations 2002 (No. 2) were enacted to amend the Fishing Levy Regulations 2001, specifically to set the amount of the levy payable for a fishing permit in the Bass Strait Scallop Fishery for the period from 17 May 2002 to 30 April 2003. This regulatory action was authorised under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, with the enacting body being the Governor-General. The primary objective of these regulations was to ensure that the holders of fishing concessions in the Bass Strait Scallop Fishery contribute towards the management costs and the research component required for the sustainable operation of the fishery, as well as to align with the broader policy of cost recovery within the fisheries sector. The specified levy amount of $1,607 was determined to cover the necessary management expenses and the research component, which was $60. The levy is payable on 14 June 2002 or 28 days after the invoice date, whichever is later, facilitating timely contributions from the fishing operators.
Scope and Application
The Fishing Levy Amendment Regulations 2002 (No. 2) apply to persons or entities holding fishing permits for the Bass Strait Scallop Fishery, which falls under the jurisdiction of the Australian Fisheries Management Authority (AFMA). These Regulations are made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, and they specify the amount of levy payable for a fishing permit for the Bass Strait Scallop Fishery for the period from 17 May 2002 to 30 April 2003. The levy, which is $1,607, includes a component for the costs of managing the fishery and a research component of $60. The Regulations set the payment terms for the levy, which is payable on 14 June 2002 or 28 days after the invoice date for the levy, whichever is later. The Regulations extend the existing Fishing Levy Regulations 2001 to include provisions specific to the Bass Strait Scallop Fishery.
Key Provisions
The Fishing Levy Amendment Regulations 2002 (No. 2) amend the Fishing Levy Regulations 2001 to set the levy payable for a Bass Strait Scallop Fishery fishing permit. According to Regulation 3, Schedule 1 amends the principal regulations (section 3). The amendment, detailed in Schedule 1 Item 1, adds a reference to the Bass Strait Scallop Fishery into Note 1 after regulation 1.5. Schedule 1 Item 2 introduces a new Part 1A, which imposes a levy specifically for Bass Strait Scallop Fishery fishing permits. The amount of the levy, as per the new Part 1A, is set at $1,607, payable for permits in force from 17 May 2002 to 30 April 2003 (section 6 of the Fishing Levy Act 1991).
The obligations imposed by the Regulations on the parties or entities they govern primarily involve the payment of the specified levy for Bass Strait Scallop Fishery permits. According to Section 5 of the Fishing Levy Act 1991, the levy is payable by holders of fishing concessions, who are referred to as operators. This levy amount is determined by the Regulations and includes components for management costs and a research contribution. These costs are intended to cover the expenses related to developing and implementing management arrangements, surveillance, and the running of Management Advisory Committees (MACs). Additionally, a portion of the levy serves as the fishing industry's contribution to the Fisheries Research & Development Corporation (FRDC) to fund research specific to the fishery (section 110 of the Fisheries Management Act 1991). The levy must be paid to the Commonwealth and subsequently transferred to the Australian Fisheries Management Authority (AFMA) under the Fisheries Administration Act 1991.
Any failure to comply with the requirements of the Regulations may result in various consequences, including civil or criminal penalties. While the specific penalties for breaches of these regulations are not detailed within the explanatory statement, breaches of similar regulatory frameworks can often lead to fines, legal action, or other administrative penalties. The exact penalties would depend on the nature and severity of the breach and could be enforced under the relevant acts, including the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The regulations underscore the importance of adhering to the specified levy payment schedule and the obligations associated with holding a fishing permit within the designated fishery.