Fishing Levy (South East Fishery) Regulations 1992 No. 456
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 456
Issued by the authority of the Minister for Primary Industries and Energy FISHING LEVY ACT 1991
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS
Section 8 of the Fishing Levy Act 1991 (the Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Act.
Section 5 of the Act imposes levy in respect of a fishing concession. Section 6 of the Act provides that the amount of levy imposed is the amount prescribed by the Regulation.
Levy is imposed under the Fisheries Levy Act 1984 on licences issued under section 9 of the Fisheries Levy Act 1952 (the Fisheries Act) in relation to the South East Fishery (the fishery). The Fisheries Act was repealed by the Fisheries Legislation (Consequential Provisions) Act 1991 and preserved by that Act in relation to the fishery, until the expiry of the licences. The licences expire on 31 December 1992.
From 1 January 1993, the Management Act will apply to the South East Fishery. From that date, fishing permits will take effect to regulate fishing in the fishery.
The Regulations specify amounts of levy imposed in respect of a fishing permit allowing fishing for specified species by means of trawling in the area of the fishery. The rate of levy imposed is calculated by reference to the number of units of a species of fish allocated (as quota) to the holder of the permit, by means of specifying or varying a condition on the permit. The Regulations require the payment of the following amounts of levy in respect of a unit of quota of each of the following species of fish that is allocated under a condition on the fishing permit:
Species | $ per unit of quota |
Blue eye trevalla | $0.07 |
Blue grenadier | $0.02 |
Blue warehou | $0.03 |
Flathead | $0.03 |
Gem fish - east | $0.04 |
Gem fish - west | $0.04 |
Jackass morwong | $0.03 |
John dory | $0.09 |
Ling | $0.05 |
Mirror dory | $0.02 |
Ocean perch | $0.03 |
Orange roughy - east | $0.07 |
Orange roughy - south | $0.07 |
Orange roughy - west | $0.07 |
Redfish | $0.05 |
Royal red prawn | $0.03 |
School whiting | $0.02 |
Silver trevally | $0.01 |
Spotted warehou | $0.04 |
Under the Regulations, exceptions are made to the liability to pay levy, to facilitate the free transfer of units of quota between holders of fishing permits in the fishery.
Liability to pay levy under the Fishing Levy Regulations is unaffected.
The schedules to the proposed Regulations specify the scientific names of species of fish to which levy relates and also specify divisions of the fishery into sectors, for the purposes of setting different rates of levy for Orange Roughy and Gem fish taken from different sectors.
The Regulations commenced on gazettal.
Overview
The Fishing Levy (South East Fishery) Regulations 1992 were enacted to implement the Fishing Levy Act 1991, which aims to impose a levy on fishing concessions within the South East Fishery. This regulatory framework was introduced to address the need for structured and specific financial contributions from entities engaged in fishing activities, particularly in relation to quota allocations and fishing permits. The regulations were made under the authority of the Minister for Primary Industries and Energy and aim to specify the levy rates for different species of fish and their respective units of quota, thereby providing clear financial obligations for permit holders. These regulations are crucial in managing the fishery resources effectively and ensuring the sustainability of fishing activities within the designated fishery area.
The Fishing Levy (South East Fishery) Regulations 1992 detail the specific levy amounts for various fish species, calculated per unit of quota allocated under a fishing permit, and outline exceptions to this levy to allow for the transfer of quota units between permit holders. Additionally, the schedules to the regulations specify the scientific names of the fish species and the fishery's sector divisions, which are essential for setting differentiated levy rates. These regulations commenced upon gazettal and play a key role in the financial regulation of the South East Fishery, ensuring that the levy imposed aligns with the intended objectives of the Fishing Levy Act 1991.
Scope and Application
The Fishing Levy (South East Fishery) Regulations 1992 apply to the South East Fishery, providing the specific rates of levy imposed on licences issued under the repealed Fisheries Act 1952, as preserved by the Fisheries Legislation (Consequential Provisions) Act 1991. The Regulations govern the imposition of a levy on fishing permits, which took effect from 1 January 1993, following the expiry of the relevant licences on 31 December 1992. The Regulations detail the rates of levy for different species of fish, calculated based on the units of quota allocated to permit holders, with variations depending on the type of fishing permit and the specific species involved. Exceptions to the levy liability are made to allow for the transfer of quota units between permit holders. These Regulations were made under the authority of the Minister for Primary Industries and Energy and came into effect upon gazettal, ensuring the continued regulation of fishing activities in the South East Fishery post-licence expiry.
Key Provisions
The Fishing Levy (South East Fishery) Regulations 1992 (Regulations) specify the rates of levy imposed on certain fishing permits issued under the Fishing Levy Act 1991 (the Act). The rates vary according to the species of fish targeted and the method of fishing, particularly trawling. For example, for Blue eye trevalla, the levy is set at $0.07 per unit of quota, while for Blue warehou it is $0.03 per unit of quota. The levy rates for other species such as Blue grenadier, Flathead, and Gem fish are similarly detailed in the Regulations. These rates are calculated based on the number of units of a species allocated to the permit holder under the conditions of the permit.
The Regulations impose obligations on permit holders to pay the specified levy amounts. This payment requirement applies to the holders of fishing permits allowing trawling for certain fish species within the South East Fishery. The levy is calculated based on the quota units allocated to each permit holder. Additionally, the Regulations include provisions to facilitate the free transfer of quota units between permit holders without incurring additional levy liabilities. However, the general liability to pay the levy is not affected by these exceptions.
Breach of the Regulations may result in civil and criminal consequences. The Act includes provisions for penalties and enforcement actions against those who fail to comply with the levy requirements. The specific penalties for non-compliance are not detailed in the explanatory statement but would be governed by the provisions of the Act and any relevant enforcement mechanisms. Non-compliance could lead to legal action and financial penalties, which would be determined based on the severity and nature of the breach.
In summary, the Regulations specify detailed levy rates for various fish species targeted by trawling permits within the South East Fishery. Permit holders are required to pay these levies based on the quota units allocated to them. Exceptions are made to facilitate quota transfers, but overall levy liability remains in place. Non-compliance with these Regulations may lead to civil or criminal penalties as prescribed by the Act.