Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations 1993 No. 121
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 121
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Regulations 1991
Fishing Levy (Kimberley Coast Prawn 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 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 proposed 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 Kimberley Coast Prawn Trawl Fishery. The proposed Regulations apply to those permits issued prior to and after the commencement of the proposed Regulations. The effect of the proposed Regulations is to require the payment of levy in the amount of
$9000:
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 Kimberley Coast Prawn Trawl Fishery during the 19921993 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 Kimberley Coast Prawn Trawl Fishery. This contribution by the fishing industry is calculated to be 0.25 per cent of the Gross Value of Product of the 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 Kimberley Coast Prawn Trawl Fishery.
The Regulations commenced on gazettal.
Overview
The Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations 1993 were enacted under the authority of the Minister for Resources to provide specific details concerning the imposition of a levy on fishing permits within the Kimberley Coast Prawn Trawl Fishery. This regulation was introduced to address the need to quantify the amount of the levy imposed on fishing concessions under the Fishing Levy Act 1991 and to specify when such levy is due and payable. The policy objective outlined in the explanatory statement is to ensure that the levy reflects the costs associated with managing the fishery and the industry's contribution to the Fisheries Research and Development Corporation. The majority of the levy recovers the estimated costs of managing the fishery during the 1992-1993 financial year, while the remainder recovers the fishing industry's contribution, which is calculated as 0.25 per cent of the Gross Value of Product of the Fishery. The Regulations specify the amount of levy to be $9000, payable by 30 June 1993 for permits issued prior to the commencement of the Regulations and upon the grant of a permit for those issued on or after the commencement.
Scope and Application
The Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations 1993 outline the specific levy imposed on fishing concessions within the Kimberley Coast Prawn Trawl Fishery, as authorised by the Fishing Levy Act 1991 and Fisheries Management Act 1991. These regulations apply to all fishing permits issued within the designated area of the Kimberley Coast Prawn Trawl Fishery, whether granted before or after the commencement of the Regulations. The levy amount is set at $9000, with those holding permits issued prior to the regulations required to pay by 30 June 1993, and permit holders for permits issued post-commencement required to pay upon the grant of the permit. The levy serves to recover a proportion of the estimated management costs for the fishery and the industry's contribution to the Fisheries Research and Development Corporation. The regulations do not specify any exclusions or thresholds, and the scope of application is confined to the area specified in the Schedule of the Regulations.
Key Provisions
The main operative sections of these regulations are sections 5 and 6 of the Fishing Levy Act 1991 (the Levy Act), which impose a levy on fishing concessions and prescribe the amount of the levy through the regulations (section 5 and 6). The Regulations specify the amount of the levy for fishing permits issued in the Kimberley Coast Prawn Trawl Fishery area, which is $9000 (section 12). For permits issued prior to the regulations, the levy is due by 30 June 1993, while for permits issued on or after the regulations, the levy is due upon the grant of the permit (section 13).
These regulations impose several obligations on the parties governed by them. First, holders of fishing permits in the Kimberley Coast Prawn Trawl Fishery are required to pay the specified levy of $9000. For permits issued prior to the regulations, this payment must be made by 30 June 1993, and for permits issued on or after the regulations, payment is due upon the grant of the permit (section 13). The levy is intended to recover a proportion of the estimated costs of managing the fishery and the fishing industry's contribution to the Fisheries Research and Development Corporation (section 14).
The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the payment obligations could potentially result in enforcement actions under the Levy Act or related legislation. The regulations focus on quantifying the existing liability to pay the levy and specifying the timing and amount of the levy, without detailing penalties for non-compliance. The levy amount is set to recover costs and contributions, and failure to pay could lead to enforcement actions as per the governing acts.