Fishing Levy (Southern Shark Fishery Research) Regulations (Amendment)

Overview

The Fishing Levy (Southern Shark Fishery Research) Regulations (Amendment) 1993 No. 302 was introduced to address a gap in the existing regulatory framework concerning the levy imposed on fishing concessions under the Fishing Levy Act 1991 and Fisheries Management Act 1991. These Acts empower the Governor-General to make regulations for levy purposes and to determine the timing of levy payments, respectively. The amendment was prompted by changes to the Fishing Levy Regulations, which now base the levy on cost recovery from users of the Australian Fisheries Management Authority's (AFMA) services. The Regulations aim to streamline the payment process by removing the requirement 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. This amendment applies to fishing concessions granted after the commencement of these Regulations. The explanatory statement clarifies that all expressions defined in the principal Regulations, which are also defined in the Levy Act and the Management Act, are identical and thus the additional guidance in subregulation 2(2) of the principal Regulations is no longer necessary.

Scope and Application

The Fishing Levy (Southern Shark Fishery Research) Regulations (Amendment) 1993 No. 302 applies to fishing concessions granted under the Fishing Levy Act 1991 and the Fisheries Management Act 1991, specifically targeting the southern shark fishery. These regulations aim to amend the principal regulations by altering the structure of the fishing levy to reflect a cost recovery approach from users of services provided by the Australian Fisheries Management Authority (AFMA). The amendment omits the requirement for the levy payable in respect of a fishing concession to be paid in addition to the levy under the Fishing Levy Regulations, thus streamlining the payment process. The regulations are applicable nationally, covering all entities and persons involved in fishing activities within Australia's jurisdiction, particularly those engaged in the southern shark fishery. Exclusions or exemptions are not explicitly stated in the text, implying that all fishing concessions post the commencement of these regulations are subject to the new levy structure unless otherwise specified by subordinate instruments.

Key Provisions

The primary operative sections of these Regulations are Regulation 1, which specifies the amendment of the Fishing Levy (Southern Shark Fishery Research) Regulations, and Regulation 2, which omits subregulation 2(2) of the principal Regulations. Regulation 3, in turn, amends regulation 5 of the principal Regulations by omitting the regulation. These amendments have been made to align with the new levy base for fisheries managed by the Australian Fisheries Management Authority (AFMA), which is structured on the basis of cost recovery from users of AFMA's services. The Regulations apply to fishing concessions granted after the commencement of these Regulations. The Regulations impose specific obligations on the parties or entities governed by them. Most notably, they eliminate the requirement for the amount of levy payable in respect of a fishing concession to be paid in addition to the amount of levy payable under the Fishing Levy Regulations. This change streamlines the process for paying fishing levies under the new levy base structure. Additionally, by omitting subregulation 2(2) of the principal Regulations, the Regulations ensure that all expressions defined in both the Fishing Levy Act 1991 and the Fisheries Management Act 1991 are used consistently and without further clarification. The Regulations also address potential breaches and associated penalties. While the specific penalties for non-compliance with these Regulations are not detailed in the explanatory statement, it is important to note that breaches of the Fishing Levy Act 1991 or the Fisheries Management Act 1991 can result in significant civil or criminal consequences. The maximum penalties for breaches of these Acts may include fines and, in some cases, imprisonment. These consequences underscore the importance of adhering to the requirements set forth in the Regulations and the underlying Acts. In summary, the Fishing Levy (Southern Shark Fishery Research) Regulations (Amendment) 1993 No. 302 provide a streamlined approach to levy payments for fishing concessions, aligning with the new cost recovery structure for AFMA's services. These Regulations impose specific obligations on fishing concession holders and potentially carry significant penalties for non-compliance, reflecting the importance of adherence to the legislative framework governing fisheries management and levy payments in Australia.