Fishing Levy (Southern Shark Fishery) Regulations (Amendment)

Overview

The Fishing Levy (Southern Shark Fishery) Regulations (Amendment) 1993 No. 298 were enacted to address a gap in the current regulatory framework concerning the levy imposed on fishing concessions within the Southern Shark Fishery. This legislation is an amendment to the Fishing Levy (Southern Shark Fishery) Regulations, stemming from changes to the broader Fishing Levy Regulations that reflect a shift towards a cost recovery model for fisheries managed by the Australian Fisheries Management Authority (AFMA). The objective of these regulations, issued by the authority of the Minister for Resources, is to streamline the levy payment process by removing the requirement for an additional levy payment for fishing concessions, aligning with the new levy base structure. These amendments aim to ensure that the levy system is both efficient and reflective of current cost recovery principles, as outlined in the Fishing Levy Act 1991. The Regulations apply to fishing concessions granted after the commencement of these amendments.

Scope and Application

The Fishing Levy (Southern Shark Fishery) Regulations (Amendment) 1993 No. 298 pertains to the amendments of the Fishing Levy (Southern Shark Fishery) Regulations, which in turn are governed by the Fishing Levy Act 1991. These regulations apply to fishing concessions and are specifically targeted towards entities involved in the Southern Shark Fishery. The amendments are necessary to align with the new levy base for fisheries managed by the Australian Fisheries Management Authority (AFMA), which is structured on a cost recovery basis from users of AFMA's services. The regulations do not specify any exclusions or exemptions, but they do clarify that the levy payable in respect of a fishing concession is no longer required to be paid in addition to the amount of levy payable under the Fishing Levy Regulations. These amendments apply to fishing concessions granted after the commencement of the regulations, which took effect upon gazettal. The scope of the regulations is thus confined to the fishing industry within the Southern Shark Fishery, and they extend to the extent that they modify the principal regulations under the authority granted by the Fishing Levy Act 1991.

Key Provisions

The main operative sections of the Fishing Levy (Southern Shark Fishery) Regulations (Amendment) 1993 No. 298, pertain to the amendments made to the existing regulations under Section 8 of the Fishing Levy Act 1991 (the Levy Act). Regulation 1 formally amends the principal regulations, and Regulation 2 specifically removes the requirement in regulation 4 of the principal regulations that the amount of levy payable in respect of a fishing concession be paid in addition to the amount of levy payable under the Fishing Levy Regulations. These changes are designed to align the fishing concessions with a new levy base structure for fisheries managed by the Australian Fisheries Management Authority (AFMA), which is based on cost recovery from users of AFMA's services. The obligations imposed by these regulations on the parties or entities they govern primarily revolve around the payment of levies as prescribed by the amended regulations. Specifically, the regulations no longer require the payment of an additional levy for fishing concessions beyond what is specified in the Fishing Levy Regulations. This change is intended to streamline the levy payment process and ensure that all levies are calculated and paid in accordance with the new base structure implemented by the AFMA. The regulations apply to fishing concessions granted after the commencement of the proposed regulations. Regarding the consequences of breaching these regulations, the explanatory statement does not provide explicit details on offences, penalties, or specific civil or criminal consequences for non-compliance. However, given the nature of the regulations and the underlying Levy Act, it can be inferred that failure to adhere to the amended levy payment requirements could result in financial penalties or legal actions as stipulated by the governing legislation. It is important for entities subject to these regulations to ensure compliance to avoid potential repercussions, although the exact penalties are not detailed in the provided explanatory statement.