Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations 1995 No. 127
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 127
Issued by the Authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (East Coast Deep Water Trawl 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 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 Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations (the Regulations) specify the amount of levy imposed in respect of fishing permits for trawling granted for the East Coast Deep Water Trawl Fishery (the fishery) and when that levy is due and payable.
The Regulations set the levy at $2,500 for a fishing permit granted during the period from 1 July 1994 to 30 June 1995 inclusive. All of these fishing permits have the same end date, to rationalise future permit application processes. This results in all of these fishing permits being of between 6 and 9 months duration, effectively covering both the fishing season and, for all practical purposes, the current financial year.
The levy amount includes a research component of the levy, payable to the Fisheries Research and Development Corporation (FRDC) of $60. The research component is calculated as the fishery's contribution to the FRDC in accordance with current government policy.
The Regulations require payment of the levy as follows:
• if the fishing permit is granted before the commencement of the Regulations - on or before 21 June 1995; and
• in any other case - within 21 days after the grant of a fishing permit.
The Regulations replace the superseded Fishing Levy (East Coast Deep Water Fishery) Regulations (the superseded Regulations). This follows a re-organisation of management arrangements for Commonwealth managed fisheries by the Australian Fisheries Management Authority, and subsequent re-naming of the fishery.
The superseded regulations set levy in the amount of
• $3,150 for a fishing permit granted for a duration of 12 months and a pro rata amount of levy of $788 for a fishing permit granted for 3 months, if the fishing permit was granted on or before 30 June 1993; and
• $2,889 for a fishing permit granted for a duration of 12 months and a pro rata amount of levy of $723 for a fishing permit granted for 3 months, if the fishing permit was granted in the period from 1 July 1993 to 30 June 1994 inclusive.
The levy amount of $2,500 in the Regulations is calculated on the basis of collecting all of the recoverable costs of managing the fishery from the users of the fishery, in accordance with current 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 reduction of $389 from the previous levy of $2,889 payable on a fishing permit granted for 12 months under the superseded Regulations.
As the superseded Regulations have no further application, it is intended that they be repealed shortly.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for Regulations to be cited as the Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations.
Regulation 2 provides definitions of the terms used in the Regulations.
Regulation 3 specifies the rate of levy payable on fishing permits granted during the period from 1 July 1994 to 30 June 1995 inclusive. The note to the regulation explains the payment of $60 to the FRDC.
Regulation 4 sets the dates on which the levy is due and payable.
The Schedule describes the area of the fishery.
Overview
The Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations 1995 were enacted under the authority of the Minister for Resources to address the need for a systematic and fair method of cost recovery for the management of the East Coast Deep Water Trawl Fishery. These regulations came into effect to provide the necessary legal framework for the imposition and collection of a fishing levy on fishing permits within the specified fishery, aligning with the provisions set out in the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The regulations seek to ensure that the costs associated with managing the fishery are recovered from its users, thereby promoting sustainable fishing practices and efficient resource management. The policy objective is to harmonise the levy amount with the current government policy on cost recovery in Commonwealth-managed fisheries, ensuring that all recoverable costs are collected from the users of the fishery.
Scope and Application
The Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations 1995 govern the imposition of a levy on fishing concessions, specifically fishing permits, within the East Coast Deep Water Trawl Fishery. These Regulations, which are made under the authority of the Minister for Resources, apply to fishing concessions granted for the specified fishery, aligning with the provisions of the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The Regulations establish the amount of the levy at $2,500 for permits granted between 1 July 1994 and 30 June 1995, inclusive, and outline the payment schedule, including a requirement for payment within 21 days of the grant of a permit or by 21 June 1995 for permits granted before the commencement of the Regulations. The levy amount includes a research component of $60, payable to the Fisheries Research and Development Corporation. These Regulations replace the previous Fishing Levy (East Coast Deep Water Fishery) Regulations, reflecting changes in management arrangements and fishery nomenclature.
Key Provisions
The main operative sections of the Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations 1995 (C2004L04747) (the Regulations) are Regulation 3 and Regulation 4. Regulation 3 (paragraph 2) specifies the rate of levy payable on fishing permits granted during the period from 1 July 1994 to 30 June 1995 inclusive. The levy is set at $2,500 per permit, which includes a research component of $60 payable to the Fisheries Research and Development Corporation (FRDC). Regulation 4 (paragraph 3) sets the dates on which the levy is due and payable, requiring payment on or before 21 June 1995 if the fishing permit was granted before the commencement of the Regulations, and within 21 days after the grant of a fishing permit in any other case.
The obligations imposed by these Regulations are primarily on the holders of fishing permits for the East Coast Deep Water Trawl Fishery. Permit holders are required to pay the specified levy amount by the stipulated dates. This obligation extends to ensuring that the $60 research component is paid to the FRDC, reflecting the current government policy on cost recovery in Commonwealth managed fisheries. The Regulations also include provisions for the levy to be calculated based on the duration of the fishing permit, ensuring that the permit holders are aware of the exact amount due and the timing of payment.
Breach of the obligations set out in the Regulations may result in civil and criminal consequences. Failure to pay the levy by the due date may result in interest charges, penalties, and potential legal action by the relevant authorities. The Regulations do not explicitly state maximum penalties for non-compliance, but it can be inferred that such penalties may align with those provided under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These could include fines or other financial penalties, and in severe cases, legal action leading to criminal charges.
The Regulations also specify that the superseded Fishing Levy (East Coast Deep Water Fishery) Regulations are to be repealed as they have no further application. This reflects a reorganisation of management arrangements for Commonwealth managed fisheries by the Australian Fisheries Management Authority and the subsequent renaming of the fishery. The intent is to streamline and rationalise the regulatory framework for the fishery, ensuring that all stakeholders are aware of the current obligations and requirements.