Fishing Levy (East Coast Deep Water Fishery) Regulations (Repeal) 1995 No. 184
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 184
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 (Repeal)
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.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that, among other things, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be constructed as including a power, exercisable in the like manner, to repeal the regulations. No such contrary intention appears in either the Levy Act or 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) currently specify the amount of levy imposed in respect of fishing permits granted in the East Coast Deep Water Fishery (the fishery) during particular periods, the last of which ended on 30 June 1994.
The Australian Fisheries Management Authority has recently conducted a review of management arrangements for Commonwealth fisheries off the East coast of Australia. As a result of this review, the fishery been absorbed into a new fishery, the East Coast Deep Water Trawl Fishery (the new fishery). Regulations have since been prescribed for the new fishery, namely the Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations.
The principal Regulations are now superfluous and have been repealed by the Fishing Levy (East Coast Deep Water Fishery) Regulations (Repeal) (the Regulations).
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the repeal of Statutory Rules 1993 No. 120 and 1994 No. 73, which together comprise the principal Regulations.
Overview
The Fishing Levy (East Coast Deep Water Fishery) Regulations (Repeal) 1995 No. 184 were introduced to repeal the existing regulations governing the fishing levy for the East Coast Deep Water Fishery, which had become redundant following a review and the creation of a new fishery, the East Coast Deep Water Trawl Fishery. This repeal was enacted under the authority of the Minister for Resources, in accordance with sections 8 of the Fishing Levy Act 1991 and section 168 of the Fisheries Management Act 1991. The regulations aim to streamline the management of fishing levies by eliminating outdated provisions and integrating them into the new regulatory framework for the East Coast Deep Water Trawl Fishery, thereby ensuring that the fishing levy is applied consistently and effectively within the updated fishery management structure.
Scope and Application
The Fishing Levy (East Coast Deep Water Fishery) Regulations (Repeal) 1995 No. 184, issued under the authority of the Minister for Resources, pertains to the repeal of specific regulations concerning the fishing levy in the context of the East Coast Deep Water Fishery. These regulations are made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The Act applies to the fishing industry, specifically targeting entities and individuals who hold fishing concessions, such as fishing permits, within the East Coast Deep Water Fishery. The geographical scope of these regulations extends to the Commonwealth waters off the east coast of Australia. The repeal of the existing regulations is necessitated by a recent review conducted by the Australian Fisheries Management Authority, which led to the absorption of the East Coast Deep Water Fishery into a new fishery, the East Coast Deep Water Trawl Fishery. Consequently, new regulations have been established for the new fishery. The Repeal Regulations are intended to eliminate the existing regulations, which had specified the amount of levy imposed on fishing permits during particular periods, the last of which ended on 30 June 1994, as they are now redundant.
Key Provisions
The main operative sections of the Fishing Levy (East Coast Deep Water Fishery) Regulations (Repeal) 1995 No. 184, focus on the repeal of existing regulations governing the fishing levy for the East Coast Deep Water Fishery (section 1). This repeal is effective due to the absorption of the fishery into a new fishery, the East Coast Deep Water Trawl Fishery, as detailed in Regulation 1. The previous regulations, which were specified in Statutory Rules 1993 No. 120 and 1994 No. 73, are rendered obsolete by these new regulations. These previous regulations had set out the amount of the levy imposed on fishing permits for the East Coast Deep Water Fishery up until 30 June 1994.
The obligations imposed by these regulations primarily concern the cessation of the levy prescribed by the now-repealed regulations. This means that the new Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations will govern the levy for the newly defined fishery. The repeal signifies that the obligations to pay the fishing levy must now be aligned with the new regulatory framework, which reflects the changes in the fishery management arrangements.
In terms of offences and penalties, the regulations themselves do not explicitly state any new offences or penalties beyond the repeal of the previous regulations. However, any failure to comply with the new regulations, including the timely payment of the fishing levy as prescribed by the Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations, may result in legal consequences. The maximum penalties for breaches of the Fishing Levy Act 1991 or the Fisheries Management Act 1991 could apply, including fines and potential legal action for non-compliance. The specific penalties would be determined by the courts based on the nature and severity of the breach, in line with the applicable legislation.