Fishing Levy (East Coast Deep Water Fishery) Regulations 1994 No. 73
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 73
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (East Coast Deep Water Fishery) Regulations
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.
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 as a consequence of 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 (East Coast Deep Water Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the East Coast Deep Water Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $788 for each fishing permit granted for 3 months and $3150 for each fishing permit granted for 12 months.
The Regulations amend the principal Regulations to reduce the amount of levy from $788 and $3,150 to $723 and $2,889 respectively, for fishing permits granted during the 1993/1994 financial year and preserve the liability to pay the higher rate of levy for permits granted on or before 30 June 1993.
The new amount of levy is calculated on the basis of recovering from the holders of fishing permits in the fishery, 90 per cent of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, in accordance with current Commonwealth policy. The reduction in the amount of levy would reflect significantly lower recoverable costs of managing the fishery in 1993/1994 compared to 1992/1993. The major management efforts in the fishery in the 1993/1994 financial year were concentrated on the development of policy for a legislative plan of management for the fishery. Current policy is that the cost of this activity should not be recoverable from participants in the fishery, thus resulting in the lower recoverable costs. This policy is supported by findings of the Costs Recovery Taskforce, which are still to be considered by the Commonwealth.
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 preserve the old rate of levy for fishing permits granted on or before 30 June 1993 and to implement the new rate of levy for fishing permits granted during the 1993/1994 financial year.
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 (East Coast Deep Water Fishery) Regulations 1994 were enacted to provide a framework for adjusting the fishing levy amounts for the East Coast Deep Water Fishery under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations were issued by the authority of the Minister for Resources and aim to ensure that the fishing levy imposed on permits aligns with the actual recoverable costs of managing the fishery, reflecting changes in these costs from one financial year to the next. The regulations adjust the previously set levy amounts of $788 for a three-month permit and $3,150 for a twelve-month permit to $723 and $2,889 respectively, for the 1993/1994 financial year. This adjustment accounts for significantly lower estimated recoverable costs for managing the fishery in that year. The regulations also maintain the higher levy rate for permits issued before 30 June 1993, aligning with the policy that certain management costs should not be recoverable from fishery participants.
Scope and Application
The Fishing Levy (East Coast Deep Water Fishery) Regulations 1994, issued under the authority of the Minister for Resources, applies to the imposition of a levy on fishing concessions within the East Coast Deep Water Fishery, specifically targeting fishing permits as defined under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These Regulations aim to ensure that the financial burden of managing the fishery is borne by the permit holders, with the levy rates adjusted to reflect the recoverable costs of managing the fishery. The amendments made by these Regulations primarily adjust the levy amounts to reflect the lower estimated recoverable costs for the 1993/1994 financial year, while maintaining the existing levy rates for permits issued before 30 June 1993. The geographic scope of these Regulations is confined to the East Coast Deep Water Fishery, and they apply on a national level, as they are issued under Commonwealth authority. The Regulations also provide for the new dates on which the revised levy rates become due and payable, ensuring compliance with the updated levy schedule.
Key Provisions
The Fishing Levy (East Coast Deep Water Fishery) Regulations 1994 (No. 73) provide the specific details for the levy imposed on fishing permits under the Fishing Levy Act 1991. According to section 8 of the Act, the Governor-General is empowered to make these regulations. The Regulations amend the existing provisions to adjust the levy amounts for the 1993/1994 financial year. Under section 5 of the Fishing Levy Act, a levy is imposed on fishing concessions, and section 6 specifies that the amount of this levy is determined by the Regulations.
These Regulations impose certain obligations on the holders of fishing permits within the East Coast Deep Water Fishery. Firstly, they must pay the prescribed levy amounts, which have been adjusted to reflect the recoverable costs of managing the fishery for the specified financial year. For permits granted on or before 30 June 1993, the previous levy rates still apply, while permits granted during the 1993/1994 financial year are subject to the reduced levy rates. The Regulations also specify the dates for when these levies are due and payable, as per section 110 of the Fisheries Management Act 1991.
Breaching the obligations set out in these Regulations can lead to various consequences. Although the specific penalties for non-compliance are not detailed in the provided explanatory statement, it is likely that non-payment of the prescribed levies could result in financial penalties or legal action. The regulations are designed to ensure that the costs associated with managing the fishery are adequately recovered from those participating in the fishery, thus maintaining the sustainability and effective management of the fishery.