Fishing Levy (Southern Shark Fishery Research) Regulations 1993 No. 71
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 71
Issued by the authority of the Minister for Primary Industries and Energy
Fishing Levy Act 1991
Fishing Levy (Southern Shark Fishery Research) Regulations
Section 8 of the Fishing Levy Act 1991 (the Levy Act) empowers the Governor- General to make regulations for the purposes of section 6 of the Act.
Section 5 of the Levy Act imposes levy in respect of a fishing concession. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the Regulations. Sections 5 and 6 of the Levy Act commenced prior to the issue of any of the fishing concessions, in respect of which the levy is imposed.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 of the Management Act provides that the levy imposed by the Levy Act is due and payable at a time or times ascertained in accordance with regulations made under the Management Act.
"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit.
The Regulations specify amounts of levy imposed in respect of fishing permits allowing the taking of shark by gillnet and hook methods respectively in the area of the Southern Shark Fishery. The Regulations apply to those permits issued prior to and after the commencement of the Regulations. The effect of the Regulations is to require the payment of levy in the amount of:
$45 for each "net unit" (relating to gillnet fishing) specified in a condition of a fishing permit; and
$50 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.
The Regulations also require the payment of the levy:
by 31 May 1993, for fishing permits issued prior to the commencement of the Regulations; or
on the grant of a fishing permit, for fishing permits issued on or after the commencement of the Regulations.
Under the Regulations, exceptions and concessions are made as to the amount of levy payable 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.
The amount of levy specified by the Regulations is calculated on the basis of recovering the fishing industry's contribution to the Fisheries Research and Development Corporation, from the holders of fishing permits in the Southern Shark Fishery who are active in either or both of the gillnet and hook sectors of the Fishery. This contribution by the fishing industry is calculated to be 0.25 per cent of the Gross Value of Product of the Fishery and is recovered from the gillnet and hook sectors of the Fishery in direct proportion to the percentage of total catch of shark taken by each sector.
The amount of levy specified by the Regulations is in addition to the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations and the Fishing Levy (Southern Shark Fishery) Regulations.
The Regulations commenced on gazettal.
Overview
The Fishing Levy (Southern Shark Fishery Research) Regulations 1993 were enacted to address the need for funding specifically directed towards research in the Southern Shark Fishery, as outlined in the Fishing Levy Act 1991. The Regulations were made under the authority of the Minister for Primary Industries and Energy, empowering the Governor-General to establish the specific amounts of levy for fishing concessions, in alignment with the policy objective of the Levy Act. The primary aim of these Regulations is to ensure that the fishing industry contributes to the Fisheries Research and Development Corporation by imposing a levy on fishing permits in the Southern Shark Fishery, calculated based on the Gross Value of Product of the fishery and the relative contributions of the gillnet and hook fishing sectors. This levy is intended to support research activities critical to the sustainable management and development of the fishery.
Scope and Application
The Fishing Levy (Southern Shark Fishery Research) Regulations 1993 apply to fishing permits, specifically those that allow the taking of shark using gillnet and hook methods in the Southern Shark Fishery area. These Regulations were made under the authority of the Minister for Primary Industries and Energy and apply to both existing and new permits issued after the Regulations' commencement. The purpose of these Regulations is to establish the specific levy amounts imposed on fishing concessions, as prescribed by the Fishing Levy Act 1991 and the Fisheries Management Act 1991. The Regulations detail that a levy of $45 is imposed per "net unit" specified in a fishing permit for gillnet fishing, and $50 for fishing permits that allow the retention of more than a specified weight limit of certain shark species per trip. These levies are designed to recover the fishing industry's contribution to the Fisheries Research and Development Corporation, based on the Gross Value of Product of the fishery and distributed proportionally between the gillnet and hook sectors.
The Regulations also outline the timeframes for levy payment, requiring payment by 31 May 1993 for permits issued before the Regulations' commencement and upon the grant of a permit for those issued thereafter. Additionally, the Regulations provide for exceptions and concessions, allowing a person holding both gillnet and hook fishing permits to pay the levy only on the gillnet permit, irrespective of the order in which the permits were granted. The Regulations came into effect immediately upon gazettal and do not specify any exclusions or exemptions beyond those detailed within the text.
Key Provisions
The Fishing Levy (Southern Shark Fishery Research) Regulations 1993 (the Regulations) set out the amounts of levy to be imposed on fishing permits for the taking of shark by gillnet and hook methods in the Southern Shark Fishery area, under Sections 5 and 6 of the Fishing Levy Act 1991 (the Levy Act). Specifically, Section 8 of the Levy Act authorises the Governor-General to make these regulations. The levy amounts are set at $45 per "net unit" for gillnet fishing permits and $50 for permits allowing retention of more than a specified limit of shark per trip. These levies are intended to recover the fishing industry's contribution to the Fisheries Research and Development Corporation, based on the Gross Value of Product of the fishery.
The Regulations impose clear obligations on permit holders. They require payment of the specified levy by 31 May 1993 for permits issued prior to the commencement of the Regulations, and on the grant of a permit for those issued on or after the commencement date. Additionally, if a person holds both a gillnet and a hook fishing permit, they are only required to pay the levy for the gillnet method, regardless of which permit was granted first. This ensures that the levy burden is proportionately distributed among active permit holders in the gillnet and hook sectors of the fishery.
Failure to comply with the obligations outlined in the Regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is understood that breaches of regulations made under the Levy Act or the Fisheries Management Act 1991 could lead to enforcement actions. These actions might include fines or other penalties as prescribed by the relevant legislation, aimed at ensuring compliance with the fishing levy requirements.