Fishing Levy (Western Deep Water Trawl Fishery) Regulations 1994 No. 76
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 76
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (Western Deep Water Trawl Fishery) 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 Levy 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.
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral 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 as a consequence of 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 Fishing Levy (Western Deep Water Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Western Deep Water Trawl Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $4,000 per fishing permit.
The Regulations amend the principal Regulations to reduce the amount of levy from $4,000 to $1,384 for fishing permits granted during the 1993/1994 financial year and preserve the liability to pay the higher rate of levy for permits granted on or before 30 June 1993.
The new amount of levy is calculated on the basis of recovering from the holders of fishing permits in the fishery, 90 per cent of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, in accordance with current Commonwealth policy. The reduction in the amount of levy would reflect significantly lower recoverable costs of managing the fishery in 1993/1994 compared to 1992/1993. The major management efforts in the fishery in the 1993/1994 financial year were concentrated on the development of policy for a legislative plan of management for the fishery. Current policy is that the cost of this activity should not be recoverable from participants in the fishery, thus resulting in the lower recoverable costs. This policy is supported by findings of the Costs Recovery Taskforce, which are still to be considered by the Commonwealth.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 amends regulation 3 of the principal Regulations to preserve the old rate of levy for fishing permits granted on or before 30 June 1993 and to implement the new rate of levy for fishing permits granted during the 1993/1994 financial year.
Regulation 3 amends regulation 4 of the principal Regulations to set new dates for when the new rate of levy is due and payable.
Overview
The Fishing Levy (Western Deep Water Trawl Fishery) Regulations 1994, issued under the authority of the Minister for Resources, amend the original regulations established by the Fishing Levy Act 1991 and the Fisheries Management Act 1991. This legislative instrument addresses the need to adjust the levy amounts for fishing permits in response to changes in the estimated recoverable costs associated with managing the Western Deep Water Trawl Fishery. The primary objective of the regulations is to align the levy with the Commonwealth's current policy on cost recovery, particularly in light of significantly reduced management costs for the 1993/1994 financial year. The reduction in the levy amount from $4,000 to $1,384 reflects a shift in policy, where major management efforts were directed towards developing a legislative plan for the fishery, a cost that is deemed not recoverable from participants.
Scope and Application
The Fishing Levy (Western Deep Water Trawl Fishery) Regulations 1994 pertain to the imposition of a levy on fishing permits granted for the Western Deep Water Trawl Fishery under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These Regulations specifically amend the principal Regulations to adjust the amount of the levy imposed on fishing permits, reflecting changes in the estimated recoverable costs of managing the fishery for the 1993/1994 financial year. The Regulations establish a new levy rate of $1,384 for fishing permits granted during this period, while preserving the previous levy rate of $4,000 for permits issued on or before 30 June 1993. This amendment aligns with Commonwealth policy to recover 90 per cent of the estimated recoverable costs of managing the fishery, factoring in significantly lower costs anticipated for the 1993/1994 financial year. The Regulations also modify the dates for when the new levy rate becomes due and payable, as stipulated in the Fisheries Management Act 1991.
Key Provisions
The primary sections of the Fishing Levy (Western Deep Water Trawl Fishery) Regulations 1994 (No. 76) include Regulation 1, which provides that the Regulations amend the principal Regulations, and Regulation 2, which amends regulation 3 of the principal Regulations to preserve the old rate of levy for fishing permits granted on or before 30 June 1993 and to implement the new rate of levy for fishing permits granted during the 1993/1994 financial year. Regulation 3 then amends regulation 4 of the principal Regulations to set new dates for when the new rate of levy is due and payable. The Regulations specify the amount of levy imposed on fishing permits granted for the Western Deep Water Trawl Fishery, reducing the amount from $4,000 to $1,384 for permits granted during the 1993/1994 financial year. This reduction is based on the significantly lower recoverable costs of managing the fishery in that financial year.
The obligations imposed by these Regulations primarily pertain to the holders of fishing permits for the Western Deep Water Trawl Fishery. Holders of permits issued before 30 June 1993 must pay the higher levy of $4,000, while those issued during the 1993/1994 financial year must pay the reduced levy of $1,384. Furthermore, the Regulations dictate specific dates for the payment of the new rate of levy, ensuring that the financial obligations are met in a timely manner. The Regulations also align with the Commonwealth's current policy on cost recovery, particularly concerning the management efforts focused on developing a legislative plan for the fishery.
The Fishing Levy (Western Deep Water Trawl Fishery) Regulations 1994 (No. 76) do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the Regulations. However, it can be inferred that failure to comply with the stipulated levy payments could lead to legal consequences under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. These Acts might impose fines, legal actions, or other penalties for non-compliance with the specified financial obligations. While the exact penalties are not detailed in the Regulations themselves, they are likely to be governed by the overarching legislative framework of the Levy Act and the Management Act.