Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1994 No. 234
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 234
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment)
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. Sections 5 and 6 of the Levy Act commenced prior to the issue of the fishing concessions, in respect of which the levy is imposed.
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 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 Fishing Levy (Bass Strait Scallop Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Bass Strait Scallop Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $900 for each fishing permit granted for the fishery.
The Regulations amend the principal Regulations to reduce the amount of levy from
$900 to $850, for fishing permits granted after 1 January 1994. The effect of the Regulations is to require the payment of levy in the amount of $850:
by 14 days after the commencement of the Regulations, for fishing permits issued prior to the commencement of the Regulations; and
on the grant of a fishing permit, for fishing permits issued on or after the commencement of the Regulations.
The new amount of levy is calculated on the basis of recovering 90 per cent of the costs of managing the fishery from the users of the resource in accordance with the
Government policy on cost recovery in Commonwealth managed fisheries. A surplus amount of levy carried over from previous years has led to a reduction in the amount of levy due for the 1993/94 financial year.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 amends regulation 3 of the principal Regulations to implement the new rate of levy for fishing permits granted after 1 January 1994.
Regulation 3 amends regulation 4 of the principal Regulations to set new dates for when the new rate of levy is due and payable.
Overview
The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1994 No. 234 were enacted to amend the existing regulations concerning the levy imposed on fishing permits for the Bass Strait Scallop Fishery, as governed by the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The original regulations had set the levy amount at $900 per permit; however, these amendments sought to address a surplus in the collected levy by reducing the amount to $850. This adjustment aligns with the government's policy on cost recovery in Commonwealth managed fisheries, ensuring that the levy more accurately reflects the costs associated with managing the fishery. Issued under the authority of the Minister for Resources, these regulations aim to achieve a more equitable distribution of costs among users of the fishery resources while maintaining effective management practices.
Scope and Application
The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1994 apply to any person or entity holding a fishing permit for the Bass Strait Scallop Fishery, effectively targeting the fishing industry within this specific geographical area. The amendments are made under the authority of the Minister for Resources and are governed by the provisions of the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These acts collectively ensure that the levy imposed on fishing concessions is duly regulated and payable according to the stipulated timelines. The amendment reduces the levy from $900 to $850 for fishing permits granted after 1 January 1994, aligning with the government's policy on cost recovery in Commonwealth managed fisheries. The Regulations also specify that the new levy amount is due within 14 days after the commencement of the Regulations for permits issued before this date and on the grant of a new permit for those issued on or after the commencement date. The geographic reach of these Regulations is within the Commonwealth jurisdiction, impacting all stakeholders involved in the Bass Strait Scallop Fishery.
Key Provisions
The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1994 No. 234 primarily amends the principal regulations to adjust the levy amount for fishing permits in the Bass Strait Scallop Fishery. Regulation 2 modifies regulation 3 of the principal regulations to set the new levy rate of $850 for fishing permits issued after 1 January 1994, down from the previous $900. Regulation 3, on the other hand, amends regulation 4 of the principal regulations to specify the due dates for this new levy rate, requiring payment within 14 days for permits issued before the commencement of the amendments and on the grant of permits issued on or after the commencement date.
These regulations impose specific obligations on the parties involved. Fishing permit holders must now comply with the new levy rates as outlined in the amended regulations. Those who have already been granted permits prior to the commencement of the amendments must ensure that the revised levy amount is paid within the stipulated timeframe. For permits issued after the commencement, the levy must be paid concurrently with the grant of the permit. This regulation clearly delineates the financial obligations of permit holders, ensuring they are aware of the revised financial commitments associated with their fishing activities.
Breach of these regulations could result in various consequences. Firstly, failure to pay the amended levy within the prescribed timeframe may lead to penalties or other enforcement actions as per the Fisheries Management Act 1991. Such penalties could include fines, which are not explicitly stated in the provided text but are generally aligned with the severity of the breach under Australian administrative law. Additionally, persistent non-compliance may result in the suspension or revocation of fishing permits, effectively barring the permit holder from participating in the fishery. This enforcement underscores the importance of adhering to the regulatory framework to maintain the integrity and sustainability of the fishery.