Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations 1994 No. 236
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 236
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (Jack Mackerel Purse Seine 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 (Jack Mackerel Purse Seine Fishery) Regulations (the Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Jack Mackerel Purse Seine Fishery (the fishery). Fishing permits for the fishery may be granted in respect of part or all of the fishery.
Levy for these fishing permits was previously collected under the general Fishing Levy Regulations.
The Australian Fisheries Management Authority (AFMA) considers that the fishery has now reached a stage in its development that requires it to be managed specifically, rather than as part of general management arrangements. As part of this change, the costs of managing the fishery are to be recovered from the participants in the fishery.
The effect of the Regulations is to collect the amount of levy of $1,000 on the grant of a fishing permit, instead of the amount of levy prescribed under the general Fishing Levy Regulations.
The majority of the levy ($940) is calculated on the basis of recovering from holders of fishing permits in the fishery, about 55 per cent of the estimated recoverable costs
of managing the fishery during the 1994/1995 financial year. AFMA subsidises the remainder of costs incurred recognising that to fully recover would be economically prohibitive to operators in what is essentially a low value fishery. The new rate of levy reflects the costs of management that AFMA considers that the permit holders in the fishery can bear and still remain economic.
The remainder of the levy ($60) is calculated on the basis of recovering the fishing industry's contribution to the Fisheries Research and Development Corporation (FRDC), from the holders of fishing permits in the fishery. This contribution by the fishing industry is normally calculated to be 0.25 per cent of the gross value of production of the fishery. In the absence of an estimated gross value of production of the fishery, this contribution is kept at $60, which is the same amount per fishing permit that was contributed to the FRDC from the levy previously collected under the general Fishing Levy Regulations.
The Regulations also provide for an exemption so that the holder of a fishing permit for a part of the fishery who also holds a fishing permit for another part of the fishery in respect of the same boat, does not pay the levy twice during the currency of the first permit. The levy is collected on all permits for the fishery that are granted after 1 July 1994. Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the citation of the Regulations.
Regulation 2 sets out definitions of terms used in the Regulations, in particular the description of the fishery.
Regulation 3 prescribes the amount of levy payable on the grant of a fishing permit for a boat to operate in the fishery or a part of the fishery. The regulation also prescribes the exemption referred to above.
Regulation 4 prescribes that levy is due and payable on the grant of the fishing permit.
Overview
The Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations 1994 were enacted under the authority of the Minister for Resources and are designed to address the specific management needs of the Jack Mackerel Purse Seine Fishery. These regulations were introduced to ensure that the costs associated with managing this particular fishery are recovered from the participants in the fishery, reflecting the growth and development of the industry. The Regulations were made under the provisions of the Fishing Levy Act 1991 and the Fisheries Management Act 1991, with the objective of specifying the amount of levy imposed on fishing permits for the Jack Mackerel Purse Seine Fishery. The Regulations set a levy of $1,000 on the grant of a fishing permit for the fishery, which is a departure from the previous general Fishing Levy Regulations. This new levy rate is intended to recover approximately 55% of the estimated recoverable costs of managing the fishery for the 1994/1995 financial year, while the Australian Fisheries Management Authority (AFMA) subsidises the remaining costs to ensure economic viability for the operators. Additionally, the levy includes a contribution to the Fisheries Research and Development Corporation, set at $60 per permit, to support industry research and development.
Scope and Application
The Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations 1994 establish the specific amount of levy to be imposed on fishing permits granted for the Jack Mackerel Purse Seine Fishery, a specific sector within Australia's broader fisheries management framework. These regulations apply to individuals and entities that hold fishing permits for the specified fishery, targeting the costs of management directly at the participants involved in the fishery. The Regulations are underpinned by the Fishing Levy Act 1991 and the Fisheries Management Act 1991, which empower the Governor-General to make regulations to ensure the effective collection of the levy and its application to fishing permits, which are integral to the operation of the fishery. The Regulations apply to all fishing permits granted for the fishery after 1 July 1994, ensuring that the financial burden of management is directly linked to the operation of the fishery. Additionally, the Regulations include provisions to prevent double charging of the levy to permit holders who operate in multiple parts of the fishery under the same boat. The regulations provide for a specific exemption, ensuring that permit holders who operate in multiple parts of the fishery do not face duplicate charges.
Key Provisions
The Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations 1994 (the Regulations) establish specific provisions for the imposition and collection of a levy on fishing permits for the Jack Mackerel Purse Seine Fishery. Under section 8 of the Fishing Levy Act 1991 (the Levy Act), these Regulations specify the amount of levy imposed on fishing permits, which are defined as fishing concessions. Section 5 of the Levy Act imposes the levy, and section 6 states that the amount is determined by the Regulations. Regulation 3 outlines that the levy amount is set at $1,000 per permit, to be collected at the time of the permit's grant, as specified in section 168 of the Fisheries Management Act 1991 (the Management Act).
The Regulations impose several obligations on the parties they govern. Primarily, holders of fishing permits for the Jack Mackerel Purse Seine Fishery are required to pay the specified levy of $1,000 upon the grant of their permit. This levy is intended to cover approximately 55% of the estimated recoverable costs of managing the fishery for the 1994/1995 financial year, as well as the fishing industry's contribution to the Fisheries Research and Development Corporation (FRDC). Regulation 3 also includes an exemption to prevent double payment of the levy for permit holders who operate in multiple parts of the fishery under the same boat.
Failure to comply with the requirements of the Regulations can lead to legal consequences. Under the Levy Act and the Management Act, the Australian Fisheries Management Authority (AFMA) has the authority to enforce these provisions. While specific penalties for non-compliance are not detailed in the explanatory statement, breaches of similar legislation typically result in fines and potential legal action. The exact penalties would depend on the nature and severity of the breach, but they could include financial penalties or other enforcement measures as prescribed by the relevant Acts.