Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) 1995 No. 185
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 185
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 (Repeal)
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.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that, among other things, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be constructed as including a power, exercisable in the like manner, to repeal the regulations. No such contrary intention appears in either the Levy Act or 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) currently specify the amount of levy imposed in respect of fishing permits granted in the North East Demersal Line Fishery (the fishery) during particular periods, the last of which ended on 30 June 1994.
The Australian Fisheries Management Authority has recently conducted a review of management arrangements for Commonwealth fisheries off the East coast of Australia. As a result of this review, the fishery been absorbed into a new fishery, the North East Deep Water Fishery (the new fishery). Regulations have since been prescribed for the new fishery, namely the Fishing Levy (North East Deep Water Fishery) Regulations.
The principal Regulations are now superfluous and have been repealed by the Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) (the Regulations).
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the repeal of Statutory Rules 1993 No. 300 and 1994 No. 72, which together comprise the principal Regulations.
Overview
The Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) 1995 No. 185 were enacted to address the redundancy of existing regulations pertaining to the North East Demersal Line Fishery. These regulations were rendered obsolete following a review by the Australian Fisheries Management Authority, which resulted in the absorption of the fishery into the North East Deep Water Fishery. The repeal of the Fishing Levy (North East Demersal Line Fishery) Regulations was authorised under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, with the objective of aligning the regulatory framework with the current management arrangements for Commonwealth fisheries. The regulations were issued by the Minister for Resources and commenced on gazettal, repealing the previously applicable Statutory Rules 1993 No. 300 and 1994 No. 72.
Scope and Application
The Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) 1995 No. 185 applies to the repeal of the Fishing Levy (North East Demersal Line Fishery) Regulations, which previously specified the amount of levy imposed on fishing permits for the North East Demersal Line Fishery. These regulations are repealed as the fishery has been absorbed into the new North East Deep Water Fishery, for which new regulations have been prescribed. The Act operates within the jurisdictional scope of the Commonwealth of Australia, under the authority of the Minister for Resources, and is made pursuant to the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The repeal affects entities and persons who held fishing permits under the now-defunct North East Demersal Line Fishery, thereby rendering the previous regulations obsolete. There are no stated exclusions or exemptions in these repeal regulations, as their purpose is solely to remove outdated provisions in light of the fishery's integration into the new management arrangements.
Key Provisions
The primary operative sections of the Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) 1995 No. 185 involve repealing previous regulations that specified the fishing levy amounts for the North East Demersal Line Fishery. Regulation 1 repeals Statutory Rules 1993 No. 300 and 1994 No. 72, which were the principal regulations governing the North East Demersal Line Fishery (section 1). These regulations had previously prescribed the amount of the fishing levy for fishing permits within that fishery. The repeal is necessary because the fishery has been absorbed into a new fishery, the North East Deep Water Fishery, and new regulations have been made for the latter (section 1). The authority to make these regulations stems from section 8 of the Fishing Levy Act 1991 and section 168 of the Fisheries Management Act 1991.
The Act imposes certain obligations on the relevant parties, particularly those who previously held fishing concessions under the North East Demersal Line Fishery. With the repeal of the principal regulations, the new Fishing Levy (North East Deep Water Fishery) Regulations now govern the fishing concessions in the newly established fishery. Parties involved, such as fishers and permit holders, must now comply with the new regulations that apply to the North East Deep Water Fishery. These new regulations dictate the amount of the fishing levy and the timing of its payment. The repeal also signifies that any financial obligations or levies previously applicable under the old regulations are no longer enforceable, as the new regulations have taken their place.
The Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) do not explicitly outline new offences, penalties, or civil/criminal consequences for breach as they are primarily repeal regulations. However, the failure to comply with the new regulations that replace the repealed ones may result in legal consequences. For instance, under the Fishing Levy Act 1991, non-compliance with the new fishing levy requirements could lead to fines or other penalties as stipulated in the new Fishing Levy (North East Deep Water Fishery) Regulations. The maximum penalties for breaches of fishing regulations are typically specified within the relevant regulatory framework, and parties should refer to the new regulations for detailed information regarding potential penalties.
In summary, the Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) 1995 No. 185 primarily serve to repeal outdated regulations for the North East Demersal Line Fishery, making way for the new Fishing Levy (North East Deep Water Fishery) Regulations. This repeal means that any obligations previously under the old regulations are now governed by the new regulations, and failure to comply with the new requirements could lead to penalties as outlined in the updated regulatory framework.