EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 282
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Regulations 2005
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 a 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 in accordance with the 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 and a statutory fishing right (SFR). A SFR is defined under the Management Act to mean, among other things, a right to take a particular quantity of fish, or a right to a particular proportion of the fishing capacity that is permitted by or under a plan of management for a fishery.
The Fishing Levy Regulations 2005 (the Regulations) repeal and replace the Fishing Levy Regulations 2004 (the 2004 Regulations), and relevant amending regulations, and set the amounts of levy payable on fishing concessions that relate to the 2005-06 financial year in fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth. The Regulations also specify the timeframes for when those amounts of levy are due and payable.
The Regulations, like the 2004 Regulations, are made under both the Levy Act and the Management Act.
In accordance with government policy and legislation, AFMA recovers from the holders of fishing concessions (operators) in each fishery:
- the costs of management attributable to the operators' activities, such as the costs of developing and implementing management arrangements, surveillance costs and costs of running the Management Advisory Committees (MACs); and
- the fishing industry's contribution to the Fisheries Research & Development Corporation (FRDC) to fund research in each fishery. (This contribution is known as the research component and is recovered under the Levy Act in accordance with the Primary Industries and Energy Research and Development Act 1989 and the Fisheries Research and Development Corporation Regulations 1991. A part of the research component is recovered from each fishery, with that part being collected from each concession holder in the fishery).
Other costs, such as the costs of prosecutions, are funded by the Commonwealth.
AFMA recovers the management costs and the research component in the form of a levy paid to the Commonwealth under the Levy Act and the Management Act, which is then paid…
Overview
The Fishing Levy Regulations 2005, enacted under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, were introduced to establish the levy rates for various fishing concessions in Australian fisheries for the 2005-06 financial year. These regulations were designed to address the need for a structured and transparent method of recovering the costs of fishery management and the industry's contribution to the Fisheries Research and Development Corporation from the holders of fishing concessions. The Australian Fisheries Management Authority (AFMA) is responsible for implementing these regulations, ensuring that the levies are set at levels that accurately reflect the costs of managing each fishery while also considering the economic implications for the fishing industry. The policy objective behind these regulations is to ensure that the fisheries are managed sustainably and that the costs associated with management and research are appropriately allocated and recovered.
Scope and Application
The Fishing Levy Regulations 2005 apply to the holders of fishing concessions in fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth. These include holders of fishing permits and statutory fishing rights (SFR) in various fisheries, such as the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, and Southern and Eastern Scalefish and Shark Fishery. The regulations establish the rates of levy payable on these fishing concessions for the 2005-06 financial year, which are set to recover management costs attributable to the operators' activities and the fishing industry's contribution to the Fisheries Research and Development Corporation (FRDC). The scope of the regulations is national, given that AFMA operates under the Commonwealth and manages fisheries across Australia's fishing zones. There are no exclusions, exemptions, or thresholds stated in the text; however, the regulations may extend or restrict their application through subordinate instruments. The regulations came into effect the day after they were registered on the Federal Register of Legislative Instruments.
Key Provisions
- The Fishing Levy Regulations 2005 set out the levy payable on fishing concessions for various fisheries managed by the Australian Fisheries Management Authority (AFMA). Regulation 7 under Part 2 of the Regulations sets the levy for a Bass Strait Scallop Fishery Statutory Fishing Right (SFR) in force on or after 1 January 2006 at $0.65c per SFR, including a research component of $0.01. Regulation 10 under Part 3 of the Regulations sets the levy for a Coral Sea Fishery permit in force on or after the commencement of the Regulations and on or before 30 June 2006 at $2,230.77 for each permit (Tier 1 amount), plus additional amounts for each sector of the fishery to which the permit relates (Tier 2 amount). Regulation 13 under Part 4 of the Regulations sets the levy for an Eastern Skipjack Fishery permit in force on or after the commencement of the Regulations and on or before 30 June 2006 at $2,928 per permit, including a research component of $39. Regulation 16 under Part 5 of the Regulations sets the levy for an Eastern Tuna and Billfish Fishery permit in force on or after the commencement of the Regulations and on or before 30 June 2006 based on the sector that is included as a condition on a fishing permit. Regulation 19 under Part 6 of the Regulations sets the levy for a Heard Island and McDonald Islands Fishery SFR in force on commencement of the Regulations at $14.94 per SFR, including a research component of $1.19 cents. Regulation 22 under Part 7 of the Regulations sets the levy for a Macquarie Island Fishery permit in force on or after the commencement of the Regulations and on or before 30 June 2006 at $92,597 per fishing permit, including a research component of $3,703.
- These Regulations impose obligations on fishing concession holders to pay the specified levies for their fishing concessions in the respective fisheries. Failure to pay the levy within the specified timeframes may result in enforcement actions and potential civil or criminal consequences. The specific consequences for breach are not detailed in the provided text, but generally, failure to comply with the regulations may result in fines or other penalties as prescribed by the relevant legislation.
- Area of Law
- Environmental Law
- Commercial Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Levy and Fee Structure
- Compliance Obligations
- Reporting & Disclosure Obligations
- Levy Collection and Payment