Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (EAST COAST DEEP WATER TRAWL FISHERY) REGULATIONS 1995 NO. 127

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 127

Issued by the Authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (East Coast 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. Sections 5 and 6 of the Levy Act commenced prior to the issue 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 Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations (the Regulations) specify the amount of levy imposed in respect of fishing permits for trawling granted for the East Coast Deep Water Trawl Fishery (the fishery) and when that levy is due and payable.

The Regulations set the levy at $2,500 for a fishing permit granted during the period from 1 July 1994 to 30 June 1995 inclusive. All of these fishing permits have the same end date, to rationalise future permit application processes. This results in all of these fishing permits being of between 6 and 9 months duration, effectively covering both the fishing season and, for all practical purposes, the current financial year.

The levy amount includes a research component of the levy, payable to the Fisheries Research and Development Corporation (FRDC) of $60. The research component is calculated as the fishery's contribution to the FRDC in accordance with current government policy.

The Regulations require payment of the levy as follows:

•       if the fishing permit is granted before the commencement of the Regulations - on or before 21 June 1995; and

•       in any other case - within 21 days after the grant of a fishing permit.

The Regulations replace the superseded Fishing Levy (East Coast Deep Water Fishery) Regulations (the superseded Regulations). This follows a re-organisation of management arrangements for Commonwealthmanaged fisheries by the Australian Fisheries Management Authority, and subsequent re-naming of the fishery.

The superseded regulations set levy in the amount of

•       $3,150 for a fishing permit granted for a duration of 12 months and a pro rata amount of levy of $788 for a fishing permit granted for 3 months, if the fishing permit was granted on or before 30 June 1993; and

•       $2,889 for a fishing permit granted for a duration of 12 months and a pro rata amount of levy of $723 for a fishing permit granted for 3 months, if the fishing permit was granted in the period from 1 July 1993 to 30 June 1994 inclusive.

The levy amount of $2,500 in the Regulations is calculated on the basis of collecting all of the recoverable costs of managing the fishery from the users of the fishery, in accordance with current Government policy on cost recovery in Commonwealth managed fisheries. A surplus amount of levy carried over from previous years, as well as further economies in budgeting for the management of the fishery, has led to the reduction of $389 from the previous levy of $2,889 payable on a fishing permit granted for 12 months under the superseded Regulations.

As the superseded Regulations have no further application, it is intended that they be repealed shortly.

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for Regulations to be cited as the Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations.

Regulation 2 provides definitions of the terms used in the Regulations.

Regulation 3 specifies the rate of levy payable on fishing permits granted during the period from 1 July 1994 to 30 June 1995 inclusive. The note to the regulation explains the payment of $60 to the FRDC.

Regulation 4 sets the dates on which the levy is due and payable.

The Schedule describes the area of the fishery.


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