Fishing Levy (North East Demersal Line Fishery) Regulations 1994 No. 72
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 72
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (North East Demersal Line 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 (North East Demersal Line Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the North East Demersal Line Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $1,575 per fishing permit.
The Regulations amend the principal Regulations to reduce the amount of levy from $1,575 to $1,464 for fishing permits granted during the 1993/1994 financial year and preserve the liability to pay the higher rate of levy for permits granted on or before 30 June 1993.
The new amount of levy is calculated on the basis of recovering from the holders of fishing permits in the fishery, 90 per cent of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, in accordance with current Commonwealth policy. The reduction in the amount of levy would reflect significantly lower recoverable costs of managing the fishery in 1993/1994 compared to 1992/1993. The major management efforts in the fishery in the 1993/1994 financial year were concentrated on the development of policy for a legislative plan of management for the fishery. Current policy is that the cost of this activity should not be recoverable from participants in the fishery, thus resulting in the lower recoverable costs. This policy is supported by findings of the Costs Recovery Taskforce, which are still to be considered by the Commonwealth.
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 preserve the old rate of levy for fishing permits granted on or before 30 June 1993 and to implement the new rate of levy for fishing permits granted during the 1993/1994 financial year.
Regulation 3 amends regulation 4 of the principal Regulations to set new dates for when the new rate of levy is due and payable.
Overview
The Fishing Levy (North East Demersal Line Fishery) Regulations 1994, issued under the authority of the Minister for Resources, amend the existing regulations governing the amount of fishing levy imposed on permits for the North East Demersal Line Fishery. Enacted to address the need for adjusting the levy in accordance with the estimated costs of fishery management for the 1993/1994 financial year, these Regulations were made in accordance with the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The primary objective of these Regulations is to reduce the levy from $1,575 to $1,464 for fishing permits issued during the specified financial year, while maintaining the higher levy rate for permits issued prior to 30 June 1993. This adjustment is intended to reflect a decrease in the estimated recoverable costs for managing the fishery, as per the Commonwealth's policy, which does not include the cost of developing the legislative plan of management.
Scope and Application
The Fishing Levy (North East Demersal Line Fishery) Regulations 1994, made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, apply to fishing permits granted for the North East Demersal Line Fishery. These Regulations primarily affect the holders of fishing permits within the specified fishery, adjusting the amount of the levy imposed on these permits. Geographically, the Regulations apply within the Commonwealth of Australia, as they are federal regulations made under Commonwealth legislation. The amendments to the levy rates are specifically targeted at fishing permits issued during the 1993/1994 financial year and those granted on or before 30 June 1993, with the new levy rate reflecting the estimated recoverable costs of managing the fishery for that financial year. The Regulations also incorporate a reduction in the levy amount from $1,575 to $1,464, taking into account lower recoverable costs for managing the fishery during the 1993/1994 financial year. The adjustments are based on the Commonwealth policy that the costs associated with developing a legislative plan of management should not be recoverable from participants in the fishery.
Key Provisions
The Fishing Levy (North East Demersal Line Fishery) Regulations 1994 modify the original regulations that set the amount of the fishing levy for the North East Demersal Line Fishery (section 8). These regulations are made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The principal regulation (Regulation 2) alters the rate of the fishing levy for permits granted during the 1993/1994 financial year, reducing it from $1,575 to $1,464. However, it maintains the original levy for permits issued before 30 June 1993 (section 5 and section 168). Regulation 3 further amends the due dates for the new levy rate, establishing when these revised amounts become payable.
Entities and individuals subject to these regulations, particularly those holding fishing permits for the North East Demersal Line Fishery, must comply with the new levy rates as stipulated. Fishing permit holders for the 1993/1994 financial year need to pay the reduced levy of $1,464, whereas those who received their permits before 30 June 1993 must still pay the original amount of $1,575. Furthermore, they must adhere to the new payment schedules outlined in the Regulations.
Failure to comply with the requirements of these regulations could result in legal consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, under the Fishing Levy Act 1991, non-payment of the levy could be considered an offence. The specific penalties for such offences are not stated in the explanatory statement, but they would typically involve fines or other civil and criminal sanctions as prescribed by the relevant Acts. The exact penalties would depend on the provisions of the Fishing Levy Act 1991 and any other applicable laws.