Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1995 No. 66
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 66
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 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.
Subsection 80(1) of the Fisheries Administration Act 1991 (the Administration Act) provides that if levy is received by the Commonwealth under, among other things, the Levy Act then only a portion of that levy is payable to the Australian Fisheries Management Authority. The portion that is not so payable comprises, among other things, a research component payable to the Fisheries Research and Development Corporation (FRDC).
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 $850 for each fishing permit granted for the fishery,
The Regulations amend the principal Regulations to:
• reduce the amount of levy from $850 to $640, for fishing permits granted during the period 1 January 1995 to 31 December 1995; and
• specify the research component of the levy, payable to the FRDC, to be $60. This amount is described in the Regulations in terms used in the Administration Act.
The effect of the Regulations is to require the payment of levy in the amount of $640 by:
• if the fishing permit is granted before 5 April 1995 (the date on which the Regulations commenced) - 3 May 1995; and
• in any other case - 28 days after the grant of a fishing permit.
The new amount of levy is calculated on the basis of recovering all of the recoverable 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, as well as further economies in budgeting for the management of the fishery, has led to the proposed reduction in the amount of levy from the current amount of levy.
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 1995 and to specify the research component of the levy.
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) 1995 No. 66 were enacted to modify the levy rates for the Bass Strait Scallop Fishery under the Fishing Levy Act 1991. These regulations were introduced to address the need for adjusting the fishing permit fees in line with the government's cost recovery policy for fisheries managed by the Commonwealth. The amendment was necessitated by a surplus in the levy carried over from previous years and further economies in budgeting for the fishery management. The new regulations specify a reduced levy amount from $850 to $640 for permits granted between 1 January 1995 and 31 December 1995, while also determining the research component of the levy payable to the Fisheries Research and Development Corporation. The regulations were issued under the authority of the Minister for Resources and aim to align the financial contributions of fishery users more closely with the actual costs of managing the fishery.
Scope and Application
The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1995 No. 66 applies to the fishing permits granted for the Bass Strait Scallop Fishery, impacting those entities or individuals who hold such permits. The regulations pertain specifically to the fishing concessions and the levies imposed on these concessions, as defined under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The scope of the Act is limited to the fishing permits issued for the Bass Strait Scallop Fishery, and it does not extend to other types of fisheries or permits. The Regulations are made under the authority of the Minister for Resources and apply across the Commonwealth of Australia, ensuring uniformity in the application of the fishing levy across jurisdictions. The amendments introduced by these Regulations reduce the levy amount from $850 to $640 for permits granted between 1 January 1995 and 31 December 1995 and specify a research component payable to the Fisheries Research and Development Corporation. These changes are intended to reflect the Government’s policy on cost recovery in Commonwealth managed fisheries, taking into account the surplus amounts from previous years and economies in budgeting for fishery management.
Key Provisions
The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) 1995 No. 66, as detailed in the explanatory statement, primarily amends the existing regulations concerning the Bass Strait Scallop Fishery. Section 8 of the Fishing Levy Act 1991 empowers the Governor-General to make regulations for the purposes of section 6 of the Act, which imposes a levy on fishing concessions. Specifically, the Regulations reduce the amount of levy from $850 to $640 for fishing permits granted during the period from 1 January 1995 to 31 December 1995, and specify that the research component of the levy, payable to the Fisheries Research and Development Corporation (FRDC), is $60. These changes are detailed in Regulation 2, which amends regulation 3 of the principal Regulations, and Regulation 3, which amends regulation 4 of the principal Regulations.
The amended regulations impose certain obligations on the parties or entities governed by them. Firstly, any entity holding a fishing permit for the Bass Strait Scallop Fishery issued during the specified period must now pay a reduced levy of $640. If the permit was granted before 5 April 1995, the date the Regulations commenced, the levy must be paid by 3 May 1995. For permits granted after this date, the levy is due 28 days after the permit is granted. Additionally, a portion of the levy, specifically $60, must be allocated to the FRDC as a research component, as stipulated in Regulation 2.
In terms of compliance and consequences, the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the compliance with the stipulated levy payment dates and the allocation of the research component is crucial. Failure to adhere to these obligations could potentially lead to legal scrutiny, particularly if it results in the underfunding of the FRDC or mismanagement of the fishery resources. The overarching legislative framework, including the Fisheries Management Act 1991 and the Fisheries Administration Act 1991, likely imposes further obligations and consequences for non-compliance with fishing regulations and levies.