Fishing Levy (Southern Shark Fishery) Regulations 1992 No. 457
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 457
Issued by the authority of the Minister for Primary Industries and Energy FISHING LEVY ACT 1991
FISHING LEVY (SOUTHERN SHARK 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 The Fisheries Act was repealed by the Fisheries Legislation (Consequential Provisions) Act 1991 and preserved by that Act in relation to the fishery, until the expiry of the licences.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 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 fishing permits allowing the taking of shark by gillnet and hook methods respectively. The effect of the Regulations is to require the payment of levy in the amount of.
$600 for each net unit specified in a condition of a fishing permit; and
$350 in respect of a fishing permit which has on it a condition allowing for the retention of more than a specified limit (by weight) of specified species of shark per trip.
Under the Regulations. exceptions and concessions are made to the liability to pay levy in specified circumstances. The effect of these exceptions and concessions is to allow a person who holds a fishing permit relating to the gillnet method of fishing and a fishing permit relating to the hook method of fishing, to pay levy only in respect of the fishing permit relating to the gillnet method of fishing, no matter in which order the person is granted the permits.
Liability to pay levy under the Fishing Levy Regulations is unaffected. The Regulations commenced on gazettal.
Overview
The Fishing Levy (Southern Shark Fishery) Regulations 1992 were enacted to provide a detailed framework for the levy imposed under the Fishing Levy Act 1991, specifically addressing the levy on licences issued for the South East Fishery, now managed under the Fisheries Management Act 1991. The Regulations were established to address the transitional period where the old licensing regime under the Fisheries Levy Act 1952 expired, and new regulations under the Fisheries Management Act took effect. The enacting body was the Minister for Primary Industries and Energy, and the overarching policy objective was to ensure a smooth transition in the management of the fishery while maintaining revenue collection through the levy. The Regulations specify the amounts of levy for different fishing methods and provide exceptions to ensure fairness in levy imposition during the transitional period.
Scope and Application
The Fishing Levy (Southern Shark Fishery) Regulations 1992 apply to fishing permits issued under the Fishing Levy Act 1991, specifically targeting the Southern Shark Fishery. These regulations impose a levy on fishing permits that allow the taking of sharks by gillnet and hook methods. The levy amounts are $600 for each net unit specified in a fishing permit for the gillnet method, and $350 for fishing permits with conditions allowing the retention of more than a specified limit of specified species of shark per trip for the hook method. The regulations provide certain exceptions and concessions to the liability to pay the levy, allowing a person with both gillnet and hook fishing permits to pay the levy only in respect of the gillnet permit, regardless of the order in which the permits are granted. The regulations apply across the designated Southern Shark Fishery area and commenced upon gazettal. The scope of the regulations is further extended and clarified through subordinate instruments which may detail additional conditions or modifications to the application of the levy.
Key Provisions
The Fishing Levy (Southern Shark Fishery) Regulations 1992 establish the amount of levy imposed on fishing permits under the Fishing Levy Act 1991. Section 5 of the Act mandates the imposition of a levy on fishing concessions, with the exact amount specified by regulation (section 6). According to these Regulations, the levy amounts to $600 for each net unit specified in a fishing permit for the gillnet method and $350 for permits allowing the retention of more than a specified limit of specified shark species per trip (section 8). These levies apply to permits for the South East Fishery, which will be governed by the Management Act from 1 January 1993.
The Regulations impose certain obligations on the parties involved. Firstly, holders of fishing permits must pay the specified levy amounts, ensuring compliance with the financial requirements set forth. Secondly, exceptions and concessions are provided to mitigate the levy burden. For example, a person holding both a gillnet and a hook fishing permit can pay the levy only on the gillnet permit, regardless of the order in which the permits were issued (section 8). These provisions aim to balance the financial obligations of permit holders while ensuring the enforcement of the levy.
Breaches of the provisions set out in the Regulations can lead to civil and criminal consequences. While specific offences and penalties are not detailed in the explanatory statement, the Act and associated regulations typically impose fines and other penalties for non-compliance. The exact penalties may be found in the relevant sections of the Fishing Levy Act 1991 and other related legislation. It is important for permit holders to adhere to the prescribed levy amounts and conditions to avoid potential legal repercussions.