Fishing Levy (East Coast Deep Water Fishery) Regulations 1993 No. 120
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 120
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Regulations 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. Sections 5 and 6 of the Levy Act commenced prior to the issue of any 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 Regulations specify the amount of levy imposed in respect of fishing permits allowing the taking of fish by the trawling method, within the area of the East Coast Deep Water Fishery. These fisheries are the East Coast Deep Water Finfish Fishery and the East Coast Deep Water Crustacean Fishery, both of which cover the same area. The Regulations apply to those permits issued prior to and after the commencement of the Regulations. The effect of the Regulations is to require the payment of levy in the amount of $3,150 in the case of a twelve month permit or $788 in the case of a three month permit:
by 30 June 1993, 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.
Liability to pay levy on fishing concessions has previously been imposed by the Levy Act, which commenced before any of the fishing permits were issued. The
Regulations only quantify this existing liability, by setting the amount of the levy and when the levy is due and payable.
The majority of the levy is calculated on the basis of recovering a proportion of the estimated costs of managing the East Coast Deep Water Fishery during the 1992-1993 financial year from the holders of fishing permits in the Fishery.
The remainder of the levy is calculated on the basis of recovering the fishing industry's contribution to the Fisheries Research and Development Corporation, from the holders of fishing permits in the East Coast Deep Water Fishery who are active in either or both of the finfish and crustacea fisheries. This contribution by the fishing industry is calculated to be 0.25 per cent of the Gross Value of Product (GVP) of each fishery and is recovered from each of the fisheries in direct proportion to the percentage of total catch of fish taken in each fishery. As the amount of the GVP is not readily determinable in either fishery, a figure will be assigned by AFMA for GVP in each fishery.
The amount of levy specified by the Regulations is:
in addition to the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations, for fishing permits issued prior to the commencement of the Regulations; and
in substitution for the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations, for fishing permits issued after the commencement of the Regulations.
The Schedule to the Regulations specifies the area of the East Coast Deep Water Fishery.
The Regulations commence on gazettal.
Overview
The Fishing Levy (East Coast Deep Water Fishery) Regulations 1993 No. 120 were introduced to quantify and specify the amount of the fishing levy imposed under the Fishing Levy Act 1991, as well as the timing for its payment. Enacted by the Governor-General under the authority of the Minister for Resources, these Regulations aim to ensure that the levy imposed on fishing concessions is clearly defined and systematically collected, particularly for fishing permits in the East Coast Deep Water Fishery, which encompasses both the East Coast Deep Water Finfish Fishery and the East Coast Deep Water Crustacean Fishery. The policy objective of these Regulations is to accurately recover a proportion of the management costs of the fishery and the industry's contribution to the Fisheries Research and Development Corporation from permit holders, thereby ensuring sustainable and efficient management of the fishery resources.
Scope and Application
The Fishing Levy (East Coast Deep Water Fishery) Regulations 1993, issued under the authority of the Minister for Resources, apply to fishing permits issued within the designated East Coast Deep Water Fishery area, which encompasses both the East Coast Deep Water Finfish Fishery and the East Coast Deep Water Crustacean Fishery. These regulations specifically address the imposition of a fishing levy on holders of fishing concessions, including permits, that allow for the trawling of fish within the specified fishery area. The regulations were enacted to quantify the existing liability for the fishing levy as imposed by the Fishing Levy Act 1991, ensuring that the levy amount is clearly defined and the timing of payments is regulated. The levy amounts are set at $3,150 for a twelve-month permit and $788 for a three-month permit, with payment due by 30 June 1993 for permits issued before the regulations came into effect and upon the grant of a permit for those issued on or after the commencement of the regulations. These regulations apply to both existing and future fishing permits, thereby establishing a consistent framework for levy imposition and payment across the fishery.
Key Provisions
The Fishing Levy (East Coast Deep Water Fishery) Regulations 1993 (No. 120) (the Regulations) are made under section 8 of the Fishing Levy Act 1991 (the Levy Act) and specify the amount of levy imposed on fishing concessions related to the East Coast Deep Water Fishery. Section 5 of the Levy Act imposes a levy on a fishing concession, while section 6 allows for the amount of this levy to be prescribed by regulations. Under these Regulations, the levy for a twelve-month permit is set at $3,150, and for a three-month permit, it is set at $788. These amounts are in addition to any previously prescribed levies for permits issued before the Regulations took effect and replace those levies for permits issued thereafter.
The Regulations require holders of fishing permits for the East Coast Deep Water Finfish Fishery and the East Coast Deep Water Crustacean Fishery to pay the specified levy. For permits issued before the Regulations, the levy is due by 30 June 1993, while for permits issued on or after the Regulations, the levy must be paid at the time of the grant of the permit. The Regulations also apply to all fishing permits, irrespective of when they were issued, thereby ensuring consistent application of the levy.
Breaching the obligations set out in the Regulations can result in civil or criminal consequences. Specifically, failure to pay the specified levy when due can lead to enforcement actions by the relevant authorities. While the explanatory statement does not detail specific penalties, under the general provisions of the Levy Act and associated legislation, penalties may include fines and other enforcement actions to ensure compliance with the regulatory requirements.
The Regulations aim to recover a proportion of the estimated costs of managing the East Coast Deep Water Fishery and the fishing industry's contribution to the Fisheries Research and Development Corporation. These costs are calculated based on the Gross Value of Product (GVP) of each fishery, with a figure assigned by the Australian Fisheries Management Authority (AFMA) for the GVP in each fishery. The levy amount specified in the Regulations is thus intended to cover these costs, ensuring sustainable management of the fishery and supporting relevant research and development initiatives.