Fishing Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1994 No. 70
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 70
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
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 (Northern Fish Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Northern Fish Trawl Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $9,130 for either zone on a fishing permit and a concessional rate of $13,695 for both zones.
The Regulations amend the principal Regulations to increase the amount of levy from
$9,130 and $13,695 respectively to a flat rate of $10,230 per zone, for fishing permits granted during the period from the commencement of the proposed Regulations to 30 June 1994 inclusive.
The new amount of levy is calculated on the basis of recovering from holders of fishing permits in the fishery, about 22 per cent of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year on a "user pays" basis, in accordance with the current AFMA policy of subsidising the costs of managing the fishery. AFMA subsidises these costs as the fishery is in a developmental stage. The new rate of levy reflects the costs of management that AFMA considers that the permit holders in the fishery can bear and still remain economic. The increase in the amount of levy reflects recovery of a greater portion of the costs of managing the fishery in 1993/1994 compared to 1992/93.
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 implement the new rate of levy of $1,840 per zone during the period from the commencement of the Regulations to 30 June 1994 inclusive.
Regulation 3 amends regulation 4 of the principal Regulations to make the new rate of levy due and payable on grant of the permit.
Overview
The Fishing Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1994 No. 70, enacted by the Minister for Resources, amends the Fishing Levy (Northern Fish Trawl Fishery) Regulations to address the need for a revised levy structure for fishing permits in the Northern Fish Trawl Fishery. This amendment arises from the requirement to adjust the financial burden on permit holders to better reflect the actual costs of managing the fishery, which is still in a developmental phase. The primary objective is to ensure that the levy more accurately reflects the recoverable costs of managing the fishery on a "user pays" basis, while maintaining economic viability for permit holders. The new flat rate of $10,230 per zone aims to recover approximately 22% of the estimated recoverable costs for the 1993/1994 financial year, in line with the Australian Fisheries Management Authority's policy of subsidising fishery management costs during its developmental stage.
Scope and Application
The Fishing Levy (Northern Fish Trawl Fishery) Regulations (Amendment) 1994 applies to fishing permit holders in the Northern Fish Trawl Fishery within the jurisdiction of the Commonwealth of Australia. These regulations are made under the authority of the Minister for Resources and are governed by the provisions of the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The regulations pertain specifically to the imposition and amendment of the levy rates for fishing concessions, which include fishing permits, within the specified fishery. The amendment increases the levy amount for fishing permits granted during the specified period to a flat rate of $10,230 per zone, reflecting a policy of recovering a greater portion of the management costs of the fishery during the 1993/1994 financial year. This change is intended to align with the Australian Fisheries Management Authority's (AFMA) policy of subsidising the costs of managing the fishery during its developmental stage, while ensuring that permit holders can still remain economically viable. The regulations commenced on gazettal and are intended to effectuate these changes until 30 June 1994.
Key Provisions
The main operative sections of these Regulations (Sections 2 and 3) amend the existing Fishing Levy (Northern Fish Trawl Fishery) Regulations, effectively updating the levy rates for fishing permits in the Northern Fish Trawl Fishery. Regulation 2 sets the new rate at $1,840 per zone, while Regulation 3 specifies that this new rate becomes due and payable upon the grant of the fishing permit. These provisions are designed to ensure that the levy accurately reflects the costs of managing the fishery on a user-pays basis, as mandated by the Fishing Levy Act 1991 and the Fisheries Management Act 1991.
The Regulations impose clear obligations on parties holding fishing permits within the Northern Fish Trawl Fishery. Firstly, permit holders must now pay a flat rate of $10,230 per zone, which is due and payable upon the issuance of the permit. This requirement is intended to ensure that the financial burden of managing the fishery is shared fairly among those who benefit from it. Additionally, the Australian Fisheries Management Authority (AFMA) must administer these new rates and ensure that permit holders are aware of and comply with the updated levy requirements.
Failure to comply with these Regulations can lead to various legal consequences. Under the Fisheries Management Act 1991, non-payment of the prescribed levy can result in enforcement actions, including fines or other penalties as deemed appropriate by the relevant authorities. The exact penalties are not specified in the Explanatory Statement, but they are likely to be in line with the administrative penalties outlined in the Fisheries Management Act 1991. These penalties could range from financial penalties to more severe administrative actions, depending on the nature and extent of the breach. Furthermore, persistent non-compliance may lead to the suspension or revocation of fishing permits, thereby barring the permit holder from participating in the fishery until the outstanding levies are settled.