Fishing Levy Regulations 1992 No. 59
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 59
Issued by the authority of the Minister of State for Primary Industries and Energy Fishing Levy Act 1991
Fishing Levy Regulations
Section 8 of the Fishing Levy Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of section 6 of that Act.
Section 6 of the Act provides that the amount of levy is such amount as is prescribed in the Regulations. Such fees (if any) as are prescribed are payable in respect of the grant of a fishing concession under the Fisheries Management Act 1991.
The Fishing Levy Regulations (the Regulations) prescribe $455 as the amount of levy payable on the grant of a fishing concession and also specifies those persons who are exempt from paying levy under the Regulations.
Details of the Regulations are set out below.
Regulation 1 provides for citation of the Regulations as the Fishing Levy Regulations.
Regulation 2 defines the word "Act" and provides that expressions used in the Regulations have the same meaning as in the Fisheries Management Act 1991 for the purposes of the Regulations.
Subregulation 3.1 prescribes the amount of levy payable in respect of a fishing concession as $455.
Subregulation 3.2 provides that persons specified in subregulation 3.3 are exempt from paying levy.
Subregulation 3.3 specifies classes of persons who are exempt from paying levy.
Regulation 4 provides that levy is payable on the grant of a fishing concession and on each anniversary of the grant of the fishing concession.
Overview
The Fishing Levy Regulations 1992 were enacted to provide the necessary framework for the implementation of the Fishing Levy Act 1991. This legislation was introduced to address the need for a structured method of collecting a fishing levy on the grant of fishing concessions, as prescribed by the Fisheries Management Act 1991. The regulations were made under the authority of the Minister of State for Primary Industries and Energy, with the aim of ensuring that the fishing industry contributes to the management and regulation of fisheries resources. The policy objective behind these regulations is to provide a clear and consistent method for levy collection, ensuring that the funds are used for the intended purposes of fisheries management.
These regulations define the amount of levy payable, which is set at $455, and specify who is exempt from this levy. The regulations are designed to complement the overarching legislative framework by providing specific details on the application and collection of the fishing levy. They ensure that the process is transparent and that all stakeholders are aware of their obligations under the law. The regulations also establish the conditions under which the levy is payable, including its application on the grant of a fishing concession and annually thereafter.
Scope and Application
The Fishing Levy Regulations 1992 apply to individuals or entities that are granted a fishing concession under the Fisheries Management Act 1991, as the regulations prescribe the levy amount and specify exemptions for certain classes of persons. The levy is applicable across the Commonwealth of Australia, and the regulations are made under the authority of the Minister of State for Primary Industries and Energy. The Act applies to all persons and entities granted fishing concessions, and the regulations outline the specific amount of the levy, which is currently set at $455. The regulations also detail the exemptions, which are defined in subregulation 3.3, and the levy is payable at the time of the grant of a fishing concession and on each anniversary of the grant. The Regulations do not extend or restrict application through subordinate instruments, as the prescribed amount of the levy and the specified exemptions are contained within the regulations themselves.
Key Provisions
The Fishing Levy Regulations 1992 (Regulations) set out specific provisions for the implementation of the Fishing Levy Act 1991 (the Act). Regulation 2 establishes that the term "Act" refers to the Fishing Levy Act 1991 and that expressions used in the Regulations carry the same meanings as those defined in the Fisheries Management Act 1991. Regulation 3 outlines the amount of the levy and the exemptions from this levy. Specifically, subregulation 3.1 sets the levy amount at $455 for the grant of a fishing concession. Subregulation 3.2 indicates that certain individuals, as specified in subregulation 3.3, are exempt from paying this levy. Subregulation 3.3 details the classes of persons who are exempt from the levy, although the specific classes are not provided in the excerpt.
Under these Regulations, certain obligations and requirements are imposed on the parties involved. Firstly, individuals or entities applying for a fishing concession under the Fisheries Management Act 1991 must pay the prescribed levy of $455 as outlined in subregulation 3.1. Secondly, those who fall under the classes specified in subregulation 3.3 must ensure they meet the criteria for exemption to avoid paying the levy. Compliance with these provisions is essential for those seeking to obtain or renew a fishing concession.
The Regulations do not explicitly outline specific offences, penalties, or consequences for breach in the excerpt provided. However, it can be inferred that failure to comply with the levy requirements could potentially lead to legal repercussions under the overarching Fisheries Management Act 1991 or other relevant legislation. Such non-compliance might include the revocation of a fishing concession or other administrative penalties as prescribed by the relevant Acts or Regulations. The exact nature and severity of penalties would need to be determined within the broader legal framework governing fisheries management in Australia.