Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (GEMFISH FISHERY) REGULATIONS (AMENDMENT) 1991 NO. 142

Statutory Rules 1991 No. 142

Issued by the Authority of the Minister of State for Primary Industries and Energy

FISHERIES LEVY ACT 1984

FISHERIES LEVY (GEMFISH FISHERY) REGULATIONS (AMENDMENT)

Paragraph 5(bc) of the Fisheries Levy Act 1984 (the Act) imposes levy on the allocation of units of fishing capacity, being units of fishing capacity prescribed for the purposes of that paragraph.

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

Subsection 3(2) of the Act provides that a reference in the Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity for the fishery is divided.

The purpose of the amendment is to amend references to the Gemfish Fishery Management Plan and increase the rate of levy payable per unit from 13.5 cents to 35 cents. The increase in levy is due to a reduction in the number of units across which costs are spread, reflecting a reduction in the total allowable catch for the fishery, and under-recovery of $39,000 from the 1990 season.

Regulation 1 provides for amendment of the Fisheries Levy (Gemfish Fishery) Regulations.

Regulation 2 amends the definition of "plan of management" to refer to the plan gazetted on 13 June 1991.

Regulation 3 increases the levy per unit from 13.5 cents to 35 cents.

The regulations took effect on gazettal.