Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1994 No. 425
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 425
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (Great Australian Bight Trawl 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. "Fishing concession" is defined under the Levy Act and the Fisheries Management Act 1991 (the Management Act) to mean, among other things, a statutory fishing right.
Subsection 168 (1) of the Management Act empowers the Governor-General to make, among other things, regulations required or permitted by the Management Act to be prescribed. Section 110 of the Management Act provides that 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.
The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of statutory fishing rights granted under the Great Australian Bight Trawl Fishery Management Plan (the Management Plan). The effect of the principal Regulations is to require the payment of levy in the amount of $9,703 per statutory fishing right in the year that the fishing right is granted and further amounts of $9,703 for each subsequent year that the statutory fishing right is in force.
The Regulations amend the principal Regulations to reduce these amounts of levy from $9,703 to $7,000. This reduction reflects the reduced estimated costs of managing the Great Australian Bight Trawl Fishery (the fishery) in 1994/1995 compared to 1993/1994 and also takes account of a carry-over of levy collected in 1993/1994 but not spent in that year. Both the reduced estimated costs and the carry- over result from administrative efficiencies achieved through the implementation of the Management Plan in mid-1993 and the resulting stabilisation of management arrangements.
The majority of the new amount of levy ($6,175) is calculated on the basis of recovering 100 per cent of the recoverable costs of managing the fishery during the
1994/1995 financial year from the holders of statutory fishing rights in the fishery, in accordance with current Government policy.
The remainder of the levy ($825) is calculated on the basis of recovering the contribution of the Great Australian Bight trawl fishing industry to the Fisheries Research and Development Corporation. This contribution is recovered equally from each of the holders of statutory fishing rights in the fishery and is calculated to be
0.25 per cent of the Gross Value of Product of the fishery.
The dates on which levy is due and payable under the principal Regulations are unchanged.
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 of $7,000.
Overview
The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1994 No. 425, issued by the authority of the Minister for Resources, was introduced to address the need for adjusting the fishing levy rates for the Great Australian Bight Trawl Fishery in light of administrative efficiencies and reduced management costs. This amendment to the existing regulations was enacted under the authority of the Governor-General pursuant to the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The policy objective of these regulations is to align the levy with the actual costs of managing the fishery, ensuring that the financial burden on fishing right holders reflects the current economic realities of fishery management. The amendment reduces the levy from $9,703 to $7,000 per statutory fishing right, taking into account the reduced estimated management costs for the 1994/1995 financial year and a carry-over of unspent levy from the previous year.
Scope and Application
The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1994 No. 425 applies to the holders of statutory fishing rights in the Great Australian Bight Trawl Fishery, and it amends the original regulations to modify the amount of the fishing levy imposed under the Fishing Levy Act 1991. This Act applies to entities that hold statutory fishing rights as defined in both the Fishing Levy Act and the Fisheries Management Act 1991, which include those involved in the commercial fishing industry within the specified fishery. The regulations are within the jurisdiction of the Commonwealth of Australia, thus having a national reach, and are enforced by the Minister for Resources. The amendment to the regulations reduces the levy from $9,703 to $7,000 per statutory fishing right, reflecting reduced management costs and administrative efficiencies in the fishery. The new levy amount consists of $6,175 to cover 100% of the recoverable costs of managing the fishery and $825 to cover the industry's contribution to the Fisheries Research and Development Corporation. These regulations commenced on gazettal, and their application is extended or restricted through subordinate instruments as necessary.
Key Provisions
The main operative sections of the Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) 1994 No. 425 pertain to the amendment of the principal Regulations concerning the amount of the fishing levy imposed on statutory fishing rights within the Great Australian Bight Trawl Fishery. Regulation 1 specifies that these Regulations amend the existing principal Regulations, while Regulation 2 modifies Regulation 3 of the principal Regulations to reduce the amount of the levy from $9,703 to $7,000. This amendment reflects a decrease in the estimated management costs for the fishery and incorporates a carry-over of unspent levy from the previous financial year. The principal Regulations, as amended, require the payment of the reduced levy amount for each year that a statutory fishing right remains in force.
The obligations imposed by these Regulations on the parties or entities they govern primarily involve the payment of the amended fishing levy. Holders of statutory fishing rights in the Great Australian Bight Trawl Fishery must now pay a reduced levy of $7,000 for the year in which the fishing right is granted, followed by the same amount for each subsequent year the fishing right is in force. The payment obligations are to be made in accordance with the due dates specified in the Fisheries Management Act 1991, which are unchanged by these Regulations. This obligation ensures that the levy collected aligns with the revised estimates of management costs and the industry's contribution to the Fisheries Research and Development Corporation.
The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within their text. However, non-compliance with the fishing levy requirements could potentially lead to legal consequences under the Fishing Levy Act 1991 or the Fisheries Management Act 1991. These could include civil or criminal penalties for failure to pay the prescribed levy, depending on the jurisdiction and the specific circumstances of the breach. The maximum penalties for such breaches would be determined by the respective Acts and could include fines or other legal repercussions for non-compliance. It is important for holders of statutory fishing rights to adhere to the payment obligations to avoid any potential legal ramifications.