EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 167
Issued by the Authority of the Minister for Primary Industry
FOREIGN FISHING BOATS LEVY ACT 1981
FOREIGN FISHING BOATS LEVY REGULATIONS (AMENDMENT)
Section 7 of the Foreign Fishing Boats Levy Act 1981 (“the Act”) provides that the Governor-General may make regulations prescribing, inter alia, the amount of levy payable in respect of foreign fishing boats by reference to any matter or matters relating to the boat or its operation, including any agreement to which the Commonwealth is a party, or the methods of fishing authorised by the licence.
The Act provides for the imposition of a levy on the grant of a licence in respect of a foreign fishing boat except where licensed under an agreement with the government of another country or where the boat is included in a prescribed class of temporarily imported boats. The Fisheries Act 1952 provides for the collection of any levy imposed under the Act.
Section 5 of the Act provides that the amount of levy imposed on the grant of a licence in respect of a foreign fishing boat is such amount as is prescribed by the regulations or as is calculated in accordance with the regulations.
The Foreign Fishing Boats Levy Regulations prescribe the levy payable on the grant of a licence pursuant to an agreement entered into by the Minister for Primary Industry, on
behalf of the Commonwealth with the Kaohsiung Fishing Boat Commercial Guild (“the Guild”) and KKFC Proprietary Limited (“KKFC”). This agreement expires on 31 July 1984.
The Minister for Primary Industry has entered into a new agreement with KKFC, acting as Australian agents for the Guild, to permit boats from Taiwan to operate in the Australian fishing zone (AFZ) from 1 August 1984 to 31 July 1985 (“the Agreement”). The Agreement provides for payment of a lump sum access fee totalling $1,447,985 for a maximum of 150 fishing boats from Taiwan.
The regulations prescribe the new levy. The total access fee negotiated under the Agreement has been expressed as a per boat amount in the regulations because the Act ties the imposition of a levy to the granting of a licence.
Although the Agreement provides for the licensing of a maximum of 150 boats for the period concerned there is the possibility that because of unforeseen circumstances affecting the availability of boats associated with the Guild which choose to fish in the AFZ, a lesser number may in fact be licensed. The final number of boats will not be known until the latter part of the Agreement period. However at the present time it is known that a minimum of 104 boats will operate under the Agreement.
The regulations amend the Foreign Fishing Boats Levy Regulations to prescribe a levy of $13,914.00 for each of the first 104 licences granted under the Agreement and a method for calculating the levy payable in respect of the licences for the remaining 46 boats. The lump sum access fee is to be paid to the Commonwealth in total by KKFC within 30 days of the issue of a licence and the prescribing of the levy in this form only seeks to provide legal support for collection of the fee, in a form most appropriate for the Commonwealth’s purposes. The prescribing of differential rates will not affect the amounts payable by individual fishermen to KKFC which are determined privately between KKFC and the fishermen concerned.
Overview
The Foreign Fishing Boats Levy Act 1981 was enacted to provide for the imposition of a levy on the grant of a licence in respect of foreign fishing boats, except where such boats are licensed under an agreement with the government of another country or are included in a prescribed class of temporarily imported boats. This Act was introduced to address the need for financial regulation and control over foreign fishing activities within Australian waters, ensuring that foreign fishing operations contribute to the management and conservation of marine resources. The policy objective of the Act is to establish a structured financial mechanism that supports the sustainable use of Australia’s fishing resources by foreign entities. The Foreign Fishing Boats Levy Regulations (Amendment) were subsequently introduced to align with new agreements, ensuring that the levy reflects current financial and operational agreements, particularly those involving the Taiwanese fishing industry within the Australian fishing zone.
Scope and Application
The Foreign Fishing Boats Levy Act 1981 applies to foreign fishing boats that are granted a licence to operate in the Australian fishing zone, except those licensed under an agreement with the government of another country or those included in a prescribed class of temporarily imported boats. The Act provides for the imposition of a levy on these boats, with the amount prescribed by regulations or calculated in accordance with them. This legislation has a national reach within Australia, affecting all foreign fishing boats operating in Australian waters, unless exempted by specific agreements or classes. The Foreign Fishing Boats Levy Regulations, which are subordinate instruments, further specify the levy payable on the grant of a licence, including the per boat amount and the method for calculating the levy. These regulations were amended to reflect a new agreement entered into by the Minister for Primary Industry, which provides for a lump sum access fee for a maximum of 150 fishing boats from Taiwan. The regulations prescribe a levy of $13,914.00 for each of the first 104 licences and a method for calculating the levy for the remaining 46 boats, with the total lump sum fee to be paid to the Commonwealth by KKFC within 30 days of the issue of a licence. This arrangement ensures the levy is collected in a form that suits the Commonwealth’s purposes while the amounts payable by individual fishermen to KKFC remain privately determined.
Key Provisions
The Foreign Fishing Boats Levy Regulations, as amended, set out the levy payable on foreign fishing boats licensed to operate in the Australian fishing zone. According to section 7 of the Foreign Fishing Boats Levy Act 1981, the Governor-General can make regulations that prescribe the amount of the levy payable in respect of foreign fishing boats, which can be calculated based on matters relating to the boat or its operation, including any agreements the Commonwealth is a party to or the methods of fishing authorised by the licence. This is explicitly stated in the Act and the Regulations.
The obligations imposed by these regulations on parties or entities are primarily concerned with the payment of the levy. As per section 5 of the Act, the amount of the levy imposed on the grant of a licence in respect of a foreign fishing boat is prescribed by the regulations or calculated in accordance with them. The new regulations prescribe a specific levy of $13,914.00 for each of the first 104 licences granted under the new agreement and provide a method for calculating the levy for the remaining 46 boats. The total lump sum access fee of $1,447,985 is to be paid by KKFC to the Commonwealth within 30 days of the issue of a licence.
Breaches of the regulations could lead to various civil or criminal consequences, though the specific penalties are not detailed in the provided text. Generally, failure to comply with the terms of the regulations could result in legal action being taken against the offending party. The exact nature and severity of the penalties would depend on the specific breach and the relevant legislative framework governing the levy and its collection. However, the regulations provide a clear framework for levy calculation and payment, which should help ensure compliance and avoid potential penalties.