Fishing Levy (North East Deep Water Fishery) Regulations 1995 No. 128
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 128
Issued by the Authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (North East 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 the fishing concessions, in respect of which the levy is imposed.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral 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 (North East Deep Water Fishery) Regulations (the Regulations) specify the amount of levy imposed in respect of fishing permits granted for the North East Deep Water Fishery (the fishery) and when that levy is due and payable.
The Regulations set the levy at $1,500 for a fishing permit granted during the period from 1 July 1994 to 30 June 1995 inclusive. All of these fishing permits are currently granted for a duration of 12 months. 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The Regulations replace the superseded Fishing Levy (North East Demersal Line Fishery) Regulations (the superseded Regulations).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 revision of the North East Demersal Line Fishery (the former fishery) to give rise to the fishery. The fishery and the former fishery are broadly comparable as most fishing permit holders in the former fishery now continue their operations in the fishery.
The superseded Regulations set levy in the amount of $1,575 for a fishing permit granted on or before 30 June 1993, and the amount of $1,464 for a Permit granted in the period from 1 July 1993 to 30 June 1994 inclusive.
The levy amount of $1,500 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. The increase of $36 from the previous levy amount of $1,464 results from there being fewer operators in the fishery than there were in the former fishery. The increase has been minimised by savings in the management costs for the fishery, especially costs of travel by the fishery managers.
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 (North East Deep Water 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.