Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment)

Overview

The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1993 No. 299 were enacted to address the need for updating the regulatory framework governing the Bass Strait Scallop Fishery in alignment with the changes to the Fishing Levy Regulations. This was prompted by the requirement to implement a new levy base for fisheries managed by the Australian Fisheries Management Authority (AFMA), structured on the basis of cost recovery from users of AFMA's services. The Minister for Resources issued these amendments under the authority granted by sections 8 of the Fishing Levy Act 1991 and section 168 of the Fisheries Management Act 1991. The overarching policy objective of these amendments is to ensure that the levy imposed on fishing concessions is consistent with the new cost recovery model, thereby providing a fair and transparent system for levy imposition. The amendments streamline the regulatory requirements by removing redundant provisions and ensuring definitions used in the regulations are consistent across the relevant Acts.

Scope and Application

The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1993 No. 299 applies to fishing concessions granted under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, specifically relating to the Bass Strait Scallop Fishery. These Regulations are amendments to the existing Fishing Levy (Bass Strait Scallop Fishery) Regulations and concern the adjustments to the levy base for fisheries managed by the Australian Fisheries Management Authority (AFMA). The primary purpose of these Regulations is to ensure that the fishing levy is calculated based on the new cost recovery structure from users of AFMA's services. The amendment removes the requirement for the levy payable under the Fishing Levy Regulations to be paid in addition to the amount payable under the Fishing Levy Act. The Regulations apply to any fishing concessions granted after their commencement. The geographic and jurisdictional reach of these Regulations is within the Commonwealth of Australia, as they are amendments to Commonwealth legislation. The Regulations clarify and simplify the definitions of terms used in the principal Regulations by omitting certain subregulations, ensuring consistency with the definitions provided in the Levy Act and the Management Act. These Regulations came into effect upon gazettal and do not specify any exclusions, exemptions, or thresholds beyond what is already defined in the underlying Acts. The application and interpretation of these Regulations may be further extended or refined through subordinate instruments issued under the authority of the relevant Acts.

Key Provisions

The key operative sections of these Regulations primarily concern the amendment of the existing Fishing Levy (Bass Strait Scallop Fishery) Regulations (the principal Regulations). Regulation 1 details the amendment of the principal Regulations, aligning them with the new levy base for fisheries managed by the Australian Fisheries Management Authority (AFMA). This amendment is a direct consequence of changes to the Fishing Levy Regulations, which aim for cost recovery from users of AFMA's services (Regulation 1). Regulation 2 removes subregulation 2(2) of the principal Regulations, which provided further guidance on the definition of expressions used in the principal Regulations. This subregulation is no longer necessary as the definitions are now consistent between the Fishing Levy Act 1991 and the Fisheries Management Act 1991 (Regulation 2). Regulation 3 omits regulation 5 from the principal Regulations, which previously required the amount of levy payable for a fishing concession to be paid in addition to the amount of levy payable under the Fishing Levy Regulations (Regulation 3). The obligations and requirements imposed by these Regulations on the parties governed by them primarily involve adjustments to the calculation and payment of fishing levies. The Regulations clarify and simplify the levy payment process by removing the requirement to pay additional levies beyond those stipulated by the Fishing Levy Regulations. This means that fishing concession holders will only need to comply with the levy amount prescribed under the Fishing Levy Regulations, without the additional levy specified in the principal Regulations (Regulation 3). Additionally, the removal of subregulation 2(2) streamlines the definitions used in the principal Regulations, ensuring consistency with the definitions provided in the Fishing Levy Act and the Fisheries Management Act (Regulation 2). These changes ensure that the levy framework is more straightforward and aligns with the new cost recovery model. The proposed Regulations impose civil consequences for non-compliance. While the Regulations themselves do not explicitly state penalties, non-compliance with the Fishing Levy Act 1991 and the Fisheries Management Act 1991 can lead to penalties. For instance, under the Fishing Levy Act, failure to pay the prescribed levy can result in civil penalties, which may include fines up to a significant amount depending on the severity and frequency of the breach. Similarly, under the Fisheries Management Act, non-compliance with regulations can also attract penalties. These may include fines and, in severe cases, legal action to enforce compliance. The exact penalties would be determined based on the specific breach and the discretion of the court or relevant authority. In summary, the Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1993 clarify and streamline the levy payment process for fishing concessions in Bass Strait. By removing redundant requirements and aligning definitions, the Regulations simplify compliance for fishing concession holders. While the Regulations themselves do not detail specific penalties, non-compliance with the underlying Acts can lead to civil penalties, including fines. These amendments ensure that the levy framework is more coherent and aligned with the cost recovery model for fisheries managed by AFMA.