Fishing Levy (North West Slope Trawl Fishery) Regulations 1994 No. 71
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 71
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (North West Slope 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.
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 West Slope Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the North West Slope Trawl Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $4,830 per fishing permit.
The Regulations amend the principal Regulations to reduce the amount of levy from $4,830 to $1,985 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 West Slope Trawl Fishery) Regulations 1994, issued under the authority of the Minister for Resources, were enacted to address the need for adjusting the levy amounts for fishing permits within the North West Slope Trawl Fishery, as prescribed under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations were introduced to modify the existing levy structure in response to significant changes in the estimated recoverable costs associated with managing the fishery for the 1993/1994 financial year. The principal objective of these amendments was to reduce the levy amount from $4,830 to $1,985 for fishing permits granted during the specified period, while maintaining the higher rate for permits issued before 30 June 1993. This adjustment was made to reflect the lower recoverable costs for the fishery during that financial year, particularly given that major management efforts were focused on developing a legislative plan of management, a cost that the current policy dictates should not be borne by the participants in the fishery.
Scope and Application
The Fishing Levy (North West Slope Trawl Fishery) Regulations 1994, issued under the authority of the Minister for Resources, pertain to the regulation of fishing levies specifically for the North West Slope Trawl Fishery. These regulations implement provisions under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, and they govern the amount of levy imposed on fishing concessions, which include fishing permits for the specified fishery. The regulations establish the financial obligations for holders of these permits, with a particular focus on adjusting the levy rates based on the estimated recoverable costs of managing the fishery. The amendments outlined in these regulations reduce the levy amount from $4,830 to $1,985 for permits issued during the 1993/1994 financial year, reflecting a significant decrease in the projected costs of fishery management for that year. However, the regulations also maintain the higher levy rate for permits issued before 30 June 1993. These changes aim to align with Commonwealth policy on cost recovery, particularly by not charging fishery participants for certain management activities.
Key Provisions
The Fishing Levy (North West Slope Trawl Fishery) Regulations 1994 (the Regulations) are an amendment to the existing Fishing Levy (North West Slope Trawl Fishery) Regulations. These Regulations are made under the authority of the Fishing Levy Act 1991 (the Levy Act) and the Fisheries Management Act 1991 (the Management Act). Regulation 1 of the Regulations initiates the amendment process, while Regulation 2 specifically targets the levy amount prescribed under Regulation 3 of the principal Regulations. Regulation 3 changes the effective dates of when the levy is due and payable, as determined by Regulation 4 of the principal Regulations. Under these Regulations, the levy for fishing permits granted during the 1993/1994 financial year is reduced from $4,830 to $1,985, reflecting a decrease in the recoverable costs of managing the fishery for that period. However, the Regulations preserve the higher levy rate for permits granted on or before 30 June 1993.
The Regulations impose several obligations on the parties governed by them. Firstly, fishing permit holders who received permits during the 1993/1994 financial year must pay the reduced levy of $1,985. Conversely, those who obtained permits on or before 30 June 1993 must pay the original levy of $4,830. Permit holders must ensure timely payment of the appropriate levy amount as specified by Regulation 4 of the principal Regulations, now amended by Regulation 3 of these Regulations. Additionally, the Regulations require permit holders to keep accurate records of their fishing activities and associated permits to substantiate their levy payments.
Failure to comply with the requirements set out in these Regulations may result in civil or criminal consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, the Levy Act and the Management Act may provide for such consequences. Typically, non-payment of the prescribed levy could lead to enforcement actions under the relevant Acts, including fines and potential legal proceedings. The exact penalties would depend on the specific provisions of the Levy Act and the Management Act, which may impose fines for non-compliance or provide for other civil or criminal sanctions. It is essential for permit holders to adhere to the Regulations to avoid any potential legal repercussions.