Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS 1992 NO. 456

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 456

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

FISHING LEVY ACT 1991

FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS

Section 8 of the Fishing Levy Act 1991 (the Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Act.

Section 5 of the Act imposes levy in respect of a fishing concession. Section 6 of the Act provides that the amount of levy imposed is the amount prescribed by the Regulation.

Levy is imposed under the Fisheries Levy Act 1984 on licences issued under section 9 of the Fisheries Levy Act 1952 (the Fisheries Act) in relation to the South East Fishery (the fishery). The Fisheries Act was repealed by the Fisheries Legislation (Consequential Provisions) Act 1991 and preserved by that Act in relation to the fishery, until the expiry of the licences. The licences expire on 31 December 1992. From 1 January 1993, the Management Act will apply to the South East Fishery. From that date, fishing permits will take effect to regulate fishing in the fishery.

The Regulations specify amounts of levy imposed in respect of a fishing permit allowing fishing for specified species by means of trawling in the area of the fishery. The rate of levy imposed is calculated by reference to the number of units of a species of fish allocated (as quota) to the holder of the permit, by means of specifying or varying a condition on the permit. The Regulations require the payment of the following amounts of levy in respect of a unit of quota of each of the following species of fish that is allocated under a condition on the fishing permit:

    Species

    $ per unit of quota    

    Blue eye trevalla

    $0.07

    Blue grenadier

    $0.02

    Blue warehou

    $0.03

    Flathead

    $0.03

    Gemfish - east

    $0.04

    Gemfish - west

    $0.04

    Jackass morwong

    $0.03

    John dory

    $0.09

    Ling

    $0.05

    Mirror dory

    $0.02

    Ocean perch

    $0.03

    Orange roughy - east

    $0.07

    Orange roughy - south        

    $0.07

    Orange roughy - west

    $0.07

    Redfish

    $0.05

    Royal red prawn

    $0.03

    School whiting

    $0.02

    Silver trevally

    $0.01

    Spotted warehou

    $0.04

Under the Regulations, exceptions are made to the liability to pay levy, to facilitate the free transfer of units of quota between holders of fishing permits in the fishery.

Liability to pay levy under the Fishing Levy Regulations is unaffected.

The schedules to the proposed Regulations specify the scientific names of species of fish to which levy relates and also specify divisions of the fishery into sectors, for the purposes of setting different rates of levy for Orange Roughy and Gemfish taken from different sectors.

The Regulations commenced on gazettal.


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