Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 57

STATUTORY RULES 2000 No. 57

Issued by the authority of the Minister for Agriculture, Forestry and Fisheries

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Amendment Regulations 2000 (No. 1)

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 in accordance with the 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 purpose of the Fishing Levy Amendment Regulations (the Regulations) is to provide for the collection of levy for a new fishery.

The Fishing Levy Regulations 1999 (the Principal Regulations) set the amount of levy to be collected for fisheries managed by AFMA. The East Coast Deepwater Zone Fishery (the ECDZ Fishery) is an additional fishery to which access will be given to some current South East Trawl Fishery operators. Since a period of exploratory fishing in the early 90s when the area was managed as a separate fishery, there has been no activity in the proposed zone for approximately five years. Recently there has been renewed interest in the area by operators who also fish the deepwater areas of the South East Trawl Fishery. New arrangements have been developed for the area in consultation with all stakeholders to enable access by some current South East Trawl Fishery operators and the zone will possibly be included as part of the South East Trawl Fishery in the future. The arrangements to grant access to operators for this area have been finalised since the principal Regulations were made. The proposed Regulations therefore amend the principal Regulations to allow levy to be collected in respect of the new permits that will be issued for the ECDZ Fishery.

The Regulations commenced on gazettal.

Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 2000 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Principal Regulations.

Schedule 1 Item 1 inserts a reference to the East Coast Deepwater Zone Fishery into Note 1 of the Principal Regulations.

Schedule 1 Item 2 inserts a new Part 4A into the principal Regulations which sets out the amount of levy and when levy must be paid in respect of the East Coast Deepwater Fishery. The levy amount is a fixed amount. Levy must be paid at the same time as levy must be paid for the South East Trawl Fishery.