Fishing Levy (Northern Shark Fishery) Regulations (Amendment) 1994 No. 74
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 74
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (Northern Shark Fishery) Regulations (Amendment)
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 Shark Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Northern Shark Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $1,371 per zone on a fishing permit.
The Regulations amend the principal Regulations to increase the amount of levy from
$1,371 to $1,840 per zone, for fishing permits granted during the period from the commencement of the 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, 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 Shark Fishery) Regulations (Amendment) 1994 No. 74, issued by the authority of the Minister for Resources, amends the Fishing Levy (Northern Shark Fishery) Regulations to adjust the levy imposed on fishing permits for the Northern Shark Fishery. Enacted under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, the primary objective of these regulations is to align the levy with the estimated recoverable costs of managing the fishery, thereby ensuring that permit holders contribute a fair share of these costs. The increase in the levy from $1,371 to $1,840 per zone is intended to reflect the greater portion of management costs that permit holders can bear while maintaining the economic viability of the fishery, which is currently in a developmental stage. This amendment aims to achieve a more equitable distribution of the financial burden associated with managing the fishery.
Scope and Application
The Fishing Levy (Northern Shark Fishery) Regulations (Amendment) 1994 No. 74 apply to entities and individuals holding fishing permits for the Northern Shark Fishery, a sector heavily regulated under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These regulations specifically target the levy imposed on fishing concessions, with the amendments altering the amount of the levy for permits granted within the specified period. Geographically, the application of these regulations is limited to the Northern Shark Fishery, thereby affecting stakeholders directly involved in this particular fishery. The amendment increases the levy from $1,371 to $1,840 per zone, intended to recover approximately 22% of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, as per the Australian Fisheries Management Authority's policy of subsidising these costs due to the fishery's developmental stage. These Regulations, which took effect upon gazettal, do not explicitly state any exclusions, exemptions, or thresholds beyond those implied by the nature of the permits and the fishery itself. The application and enforcement of these regulations may also be extended or restricted through subordinate instruments, as authorised by the Acts mentioned.
Key Provisions
The main operative sections of the Fishing Levy (Northern Shark Fishery) Regulations (Amendment) 1994 (No. 74) involve amending the principal Regulations to adjust the amount of the fishing levy imposed on fishing permits in the Northern Shark Fishery. Regulation 2 increases the levy rate from $1,371 to $1,840 per zone for permits issued from the commencement of the Regulations up until 30 June 1994, while Regulation 3 adjusts the timing of when this new levy rate becomes payable, specifically making it due and payable upon the grant of the permit. These changes are intended to align the levy with the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, reflecting a 22 per cent recovery from permit holders.
The obligations and requirements imposed by these Regulations on parties governed by them include adherence to the new levy rate of $1,840 per zone for fishing permits issued during the specified period. Permit holders must ensure that they account for and pay this increased levy upon the grant of their permit, as per Regulation 3. The Regulations also necessitate compliance with the timing stipulations for levy payments, which now align with the moment a permit is granted, as opposed to any other previously defined period. This alignment ensures that the levy is collected in a timely manner, facilitating better financial planning and management for the Australian Fisheries Management Authority (AFMA).
Breaches of these Regulations can result in civil or criminal consequences, although the specific nature and penalties for such breaches are not detailed within the provided text. Typically, non-compliance with fishing regulations can result in fines or other penalties as stipulated by the relevant Acts, such as the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These penalties may vary depending on the severity and frequency of the breach, but they generally serve as deterrents to ensure adherence to the prescribed regulations.