Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (SOUTH EAST FISHERY) REGULATIONS 1991 NO. 417

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 417

Issued by the authority of the Minister of State for Primary Industries and Energy.

Fisheries Lees Act 1984

Fisheries Levy (South East Fishery) Regulations

Section 8 of the Fisheries Levy Act 1984 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraphs 5(bc) and 5(bd) of the Act provide for the imposition of levy upon the allocation, and renewal of the allocation, respectively, of units of fishing capacity, being units of fishing capacity prescribed for the purposes of those paragraphs.

Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the allocation or renewal of the allocation of a unit of fishing capacity is such amount as is provided in the regulations.

The purpose of the regulations is to set the rate of levy for the 1992 south east fishery season. The levy recovers a proportion of the cost of managing the south east fishery (the Fishery) and for the first time also includes a component for research to be administered by the new Fisheries Research and Development Corporation.

The regulations are required as a result of a new management regime in the fishery which is based on a system of individual transferable quotas which are applicable to a variety of species of fish.

Details of the Regulations are set out below.

Regulation 1 provides for the Regulations to be cited as the Fisheries Levy (South East Fishery) Regulations.

Regulation 2 provides that the Regulations commence on 13 December 1991

Regulation 3 defines the words "Act" and "Plan of Management" for the purposes of the Regulations.

Regulation 4 defines "unit of fishing capacity" for the purposes of paragraphs 5(bc) and (bd) of the Act.

Regulation 5 provides that the levy amounts payable are as specified in the table.

The Regulations came into effect on 13 December 1991.


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