Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (ALL FISHERIES) REGULATIONS 1996 NO. 316

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 316

Issued by the authority of the Minister for Resources and Energy

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (All Fisheries) 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.

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 and a statutory fishing right (SFR).

Subsection 33(3) of the Acts Interpretation Act 1901 provides, among other things, that where an Act confers power to make regulations the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to repeal the regulations. No such contrary intention appears in either the Levy Act or the Management Act.

The Fishing Levy (All Fisheries) Regulations (the Regulations) apply to all fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth and have repealed and replaced the Regulations referred to below (the former Regulations). The Regulations, as was the case with the former Regulations, are made under both the Levy Act and the Management Act. The former Regulations had specified the amount of levy imposed in respect of fishing concessions granted in relation to each of the fisheries referred to in the former Regulations during particular periods of time.

In accordance with government policy, AFMA recovers from the holders of fishing concessions (operators) in each fishery:

*       the costs of management attributable to the operators' activities, such as surveillance costs and costs of running the management advisory committees (other costs, such as the costs of prosecutions are funded by the Commonwealth); and

*       the fishing industry's contribution to the Fisheries Research and Development Corporation, to fund research 'm each fishery. This contribution is known as the research component and is recovered equally from each of the holders of fishing concessions in the fishery and is calculated to be up to 0.25 per cent of the Gross Value of Product of the fishery.

AFMA recovers the management costs and the research component in the form of a levy paid to the Commonwealth under the Levy Act and the Management Act and paid on to AFMA under arrangements provided for in the Fisheries Administration Act 1991.

The Regulations:

*       consolidate levy arrangements for all fisheries managed by AFMA on behalf of the Commonwealth by repealing and replacing the former Regulations; and

*       in each of the fisheries included in the Regulations specify amounts of levy payable on fishing concessions that relate to the 1996/97 financial year and the date when those amounts of levy are due and payable.

Levy is act in the Regulations in relation to two categories of fisheries:

*       fisheries for which a specified levy is set by reference to the name of the fishery (a fishery. specific levy); and

*        fisheries for which no specified levy is set (known as informally managed fisheries).

The former Regulations, which have been repealed by the Regulations, are:

*        the Fishing Levy Regulations;

*       the Fishing Levy (Bass Strait Scallop Fishery) Regulations;

*       the Fishing Levy (East Coast Deep Water Trawl Fishery) Regulations;

*       the Fishing Levy (Em Coast Tuna Fishery) Regulations;

*       the Fishing Levy (Great Australian Bight Trawl Fishery) Regulations;

*       the Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations;

*       the Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations;

*       the Fishing Levy (North East Deep Water Fishery) Regulations;

*       the Fishing Levy (North West Slope Trawl Fishery) Regulations;

*       the Fishing Levy (Northern Fish Trawl Fishery) Regulations;

*       the Fishing Levy (Northern Prawn Fishery) Regulations;

*       the Fishing Levy (Northern Shark Fishery) Regulations;

*       the Fishing Levy (South East Fishery) Regulations; the Fishing Levy (Southern Bluefin Tuna Fishery) Regulations;

*       the Fishing Levy (Southern Shark Fishery) Regulations;

*       the Fishing Levy (Western Deep Water Trawl Fishery) Regulations; and

*       the Fishing Levy (Western Tuna and Billfish Fishery and Southern Tuna Fishery) Regulations.

No fishery-specific levy has been set in the Regulations for the Kimberley Coast Prawn Trawl Fishery, the Northern Fish Trawl Fishery and the Northern Shark Fishery. AFMA no longer grants fishing permits for these fisheries, which have been transferred to State control under recent Offshore Constitutional Settlement arrangements between the Commonwealth and the States of Western Australia, Queensland and the Northern Territory. As new management arrangements have been instituted m the East Coast Deep Water Trawl Fishery and it is not anticipated that any fishing putts will be granted in this fishery for some time, no fishery-specific levy has been set in the Regulations.

Except for informally managed fisheries, the budgets on which the rates of levy for each fishery are based were prepared in consultation with either:

*       the management advisory committee (MAC) established by AFMA for the fishery; or

*       if no MAC has been established for the fishery (such as the Bass Strait Scallop Fishery), the consultative body that AFMA liaises with when consulting about management of the fishery.

These budgets have all been approved by AFMA's Board.

In the case of informally managed fisheries, the rate of levy has not changed from that specified under the former Fishing Levy Regulations.

Except for Part 12 and regulation 18.02, the Regulations commenced on gazettal. Part 12, which deals with the Southern Bluefin Tuna Fishery, and regulation 18.02, which repeals the former Fishing Levy (Southern Bluefin Tuna Fishery) Regulations are taken to have commenced on 15 December 1996 so that the matters referred to in Part 12 properly relate to the appropriate Southern Bluefin Tuna fishing season. The Attorney-General's Department has provided written advice that such a retrospective commencement is both legally valid and, from a policy perspective, acceptable.

The advice takes account of subsection 48(2) of the Acts Interpretation Act 1901, which provides that retrospective commencement of legislation (at a time before it is notified in the Gazette) is ineffective if it would:

*       result in the rights of a person (other than the Commonwealth or an authority of the Commonwealth) being affected so as to disadvantage that person; or

*       impose liabilities on the person in respect of anything done or omitted to be done before the retrospective commencement of the legislation is notified.

As the retrospective commencement of Part 12 and regulation 18.02 result in the rights of operators in the Southern Bluefin Tuna Fishery being affected so as to advantage them, subsection 48(2) does not apply.

The Minute recommends that Regulations be made in the form proposed.

Details of the Regulations as they relate to each fishery, including rates of levy and when the levy is due and payable, are set out in the attachment. Details of Part 1 of the Regulations, which deals with matters common to all fisheries, and of Part 18 of the Regulations, which deals with the repeal of the former Regulations, are set out below.

Regulation 1.01 provides for the Regulations to be cited as the Fishing Levy (All Fisheries) Regulations.

Regulation 1.02 provides that Part 12 and regulation 18.02 are taken to have commenced on 15 December 1996. The note provides that the remainder of the Regulations commenced on gazettal.

Regulation 1.03 provides definitions of terms used in the Regulations. In particular, the regulation:

*       defines "holder" as including a person to whom a fishing concession is granted or, if that person has transferred the concession, the person to whom the concession has been transferred; and

*       provides that unless the contrary intention appears references in the Regulations to certain terms defined or expressions used in the Fisheries Management Regulations have the same meaning in the Regulations as they have in those Regulations.

Regulation 18.01 provides for the repeal of the Statutory Rules set out in Schedule 3, which comprise all of the former Regulations other than the Fishing Levy (Southern Bluefin Tuna) Regulations.

Regulation 18.02 provides for the repeal of the Fishing Levy (Southern Bluefin Tuna) Regulations.

ATTACHMENT

DETAILS OF THE REGULATIONS BY REFERENCE TO EACH FISHERY

Note:

In this attachment:

"1995/96" means the 1995/1996 financial year;

"1996/97" means the 1996/1997 financial year;

"AFMA" means the Australian Fisheries Management Authority;

"informally managed fisheries" means fisheries for which no fishery-specific levy is set in the

Regulations;

"operator" means the holder of a fishing concession in a fishery; and

"Regulations" means the Fishing Levy (All Fisheries) Regulations.

Bass Strait Scallop Fishery

Under the Regulations levy in the Bass Strait Scallop Fishery (the fishery) is unchanged from that specified in the former Fishing Levy (Bass Strait Scallop Fishery) Regulations. The Regulations continue to set the levy payable in the fishery at $2,200, payable on a fishing permit granted during the period 1 January 1996 to 31 December 1996, and continue to provide that levy is payable within 28 days of the grant of the permit.

The Regulations continue to specify the research component of the levy, payable to the Fisheries Research and Development Corporation, to be $120 for 1996/97.

Details of Part 2 of the Regulations, which concerns the Bass Strait Scallop Fishery, are set Out below:

Regulation 2.01 provides for the definition of a term used in Pail 2 of the Regulations.

Regulation 2.02 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $120 per fishing permit from the levy as the fishery's contribution to the research component.

Regulation 2.03 provides when the levy is due and payable.

Coral Sea Fishery

The Regulations set levy payable in the Coral Sea Fishery (formerly known as the North East Deep Water Fishery) (the fishery) in 1996/97 at $1,125 for a fishing permit granted for the financial year beginning on 1 July 1996. Levy is payable on 28 January 1997 or 28 days after the grant of the permit whichever is the later.

Levy payable under the former Fishing Levy (North East Deep Water Fishery) Regulations in 1995/96 was:

*       $1,060 for a fishing permit authorising fishing in what was known as the Deep Water Sector of the fishery; and

*       $500 for a fishing permit authorising fishing in what was known as the Aquarium Sector of the fishery.

The fishery is no longer levied by reference to sectors. The general increase in the levy payable to $1,125 results from an undercollection of levy in 1995/96 due to reduced participation in the fishery. In the case of those permits granting access to what was known as the Aquarium Sector, the substantial increase in levy payable (of $625) results from the fact that in 1995/96 the levy was set to recover only a proportion of actual management costs for 1995/96, taking account of the transfer of jurisdiction over the area of this sector from the State of Queensland to the Commonwealth. In 1996/97, the levy has been set to recover the whole of the management costs estimated for 1996/97.

Details of Part 3 of the Regulations, which concerns the Coral Sea Fishery, are set out below:

Regulation 3.01 provides definitions of terms used in Part 3 of the Regulations. In particular, the regulation defines "North East Deep Water Fishery" as having the meaning given by the Fishing Levy (North East Deep Water Fishery) Regulations as in force immediately before the commencement of the Regulations.

Regulation 3.02 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $60 per fishing permit from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 1.03 provides when the levy is due and payable.

Eastern Tuna and Billfish Fishery

In relation to the Eastern Tuna and Billfish Fishery (formerly known as the East Coast Tuna Fishery) (the fishery) the Regulations implement levy arrangements for the fishery for 1996/97 and, in particular:

*       set rates of levy payable in the fishery, including a reduced rate of levy for certain operators in the southern part of the fishery and an increased rate of levy for certain operators who operated in the fishery in 1995/96; and

*       provide an exemption from levy to certain operators who are allowed to fish in more than one sector of the fishery.

The fishery is divided into sectors based on area and method of fishing. A fishing permit for the fishery allows an operator to fish in one or more sectors. Levy is payable in respect of the sectors that are included as a condition on the fishing permit.

The management costs of the fishery estimated for 1996/97 are divided among sectors on the basis of the management input required in each sector. A comparative summary of the rates of levy payable for each of sectors in 1995/96 and 1996/97, including the research components for 1996/97, is set out in Table 1 at the end of this attachment.

The Regulations set the levy payable in the fishery at the amounts shown in column 2 of each of Parts 1, 2 and 3 of Table 1 at the end of this attachment. Levy is due and payable by 21 March 1997, or 28 days after the grant of the fishing permit, whichever is the later.

The general increase in the rates of levy for the fishery from those set for 1995/96 under the former Fishing Levy (East Coast Tuna Fishery) Regulations results from:

*       the maintenance of a complex series of entitlements and an increase in the cost of maintaining the fishery's unit register,

*       an increase in telecommunication and travel expenses due to the wide dispersion of Eastern Tuna MAC members;

*       an increase in expenditure on the logbook program for the fishery, to ensure better compliance and so better data for future planning; and

*       an Increase in travel expenses to allow for the consultation process between AFMA, Eastern Tuna MAC members and operators in the fishery, associated with preparations for the introduction of a Management Plan for the fishery.

The research components have risen since 1995/96, reflecting a significant increase in the value of catch in the fishery.

The Regulations establish two special categories of levy as follows:

*       reduced rates of levy, the amounts of which are shown in column 2 of Part 2 of Table 1 at the end of this attachment, to be payable on fishing permits granted to operators who operate in the southern part of the fishery and in the Southern Tuna and Billfish Fishery (STB Fishery) in waters off western Victoria and western Tasmania (known as zone Z). The reduced rate of levy recognises that these operators also contribute to the costs of managing the STB Fishery and require a reduced management effort in this fishery. A reduced rate of levy is also payable on STB Fishery fishing permits granted to these operators; and

*       increased rates of levy, the amounts of which are shown in column 2 of Part 3 of Table 1 at the end of this attachment to be payable on fishing permits granted to operators who operated in the fishery during 1995/96 but were not granted a permit in 1995/96 and thus did not pay levy in 1995/96. The fishing permits which entitled these operators to operate in the fishery in 1995/96 were granted in 1994/95. The increased rate of levy recognises that all operators in the fishery during a financial yew should contribute equally to the management costs of managing that fishery in that year and represents a 'catch-up' payment equivalent to both the 1996/97 levy and the 1995/96 levy those operators would have paid had they been granted a permit in 1995/96.

The Regulations also provide that where a fishing permit allows fishing in more than one sector only the highest rate of levy applicable to the fishing permit is payable.

Details of Part 4 of the Regulations, which concerns the Eastern Tuna and Billfish Fishery, are set out below:

Regulation 4.01 provides definitions of terms used in Part 4 of the Regulations. In particular, the regulation defines "area of the East Coast Tuna Fishery" as having the meaning given by the Fishing Levy (East Coast Tuna Fishery) Regulations as in force immediately before the commencement of the Regulations, and "sector of the Fishery" as having the m g given by regulation 4C(1) of the Fisheries Management Regulations.

Regulation 4.02 specifies that the amount of levy payable on fishing permits for the fishery is such amount as is determined under whichever of the regulations in Division 4.2 of Part 4 applies to the permit. The note to regulation 4.02 explains that holders of fishing permits for the fishery pay the amount per fishing permit from the levy that is set out in Schedule 1 as the fishery's contribution to the research component for 1996/97.

Regulation 4.03 specifies that the amount of levy payable on fishing permits for the fishery that allow fishing in only 1 sector of the fishery is the amount specified in Part 1 of Schedule 1 for the sector. Subregulation 4.03(2) provides that the regulation does not apply to a fishing permit to which regulations 4.05 or 4.06 apply.

Regulation 4.04 specifies that the amount of levy payable on fishing permits for the fishery that allow fishing in 2 or more sectors of the fishery is the highest of the amounts specified in Pan 1 of Schedule 1 for the sectors. Subregulation 4.04(2) provides that the regulation does not &p ply to a fishing permit to which regulations 4.05 or 4.06 apply.

Regulation 4.05 specifies that the amount of levy payable on fishing permits for the fishery

to which the regulation applies, being permits coming within the first of the special categories of levy referred to above, is:

*       where those permits allow fishing in only 1 sector of the fishery, the amount specified in Pal 2 of Schedule 1 for the sector, or

*       where those permits allow fishing in 2 or more sectors of the fishery, the highest of the amounts specified in Put 2 of Schedule 1 for the sectors.

Regulation 4.06 specifies that the amount of levy payable on fishing permits for the fishery to which the regulation applies, being permits coming within the second of the special categories of levy referred to above, is:

*       where those permits allow fishing in only 1 sector of the fishery, the amount specified in Part 3 of Schedule 1 for the sector;

*       where those permits allow fishing in 2 or more sectors of the fishery, the highest of the amounts specified in Part 3 of Schedule 1 for the sectors; or

*       where those permits are permits to which regulation 4.05 also applies, the amount specified under that regulation.

Regulation 4.07 provides when the levy is due and payable.

Great Australian Bight Trawl Fishery

The Regulations set the levy payable in the Great Australian Bight Trawl Fishery (the fishery) in 1996/97 at $8,550, payable on an SFR by 23 January 1997. The levy is made up of management costs of $7,560.70 and a research component of $989.30.

In 1995/96 levy was set at $8,950 under the former Fishing Levy (Great Australian Bight Trawl Fishery) Regulations. The decrease in the levy from 1995/96 to 1996/97 results from:

*        a carry over of unspent levy collected in 1995/96; and

*       a modest reduction in estimated management costs when compared with 1995/96.

The research component has increased slightly due to the increased value of the catch in the fishery.

Details of Part 5 of the Regulations, which concern the Great Australian Bight Fishery, we set out below:

Regulation 5.01 provides for the definition of a term used in Part 5 of the Regulations.

Regulation 5.02 specifies the amounts of levy payable for each SFR hold in the fishery. The note explains that holders of SFRs are to pay $989.30 per SFR from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 5.03 provides when the levy is due and payable.

Jack Mackerel Fishery

In relation to the Jack Mackerel Fishery (the fishery) the Regulations implement levy arrangements for the fishery for 1996/97 and in particular:

*       establish two leviable sectors in the fishery and set levy for each of those sectors;

*       set the dates by which levy is due and payable; and

*       provide for certain exemptions from payment of levy.

There are now two sectors in the fishery: the Purse Seine Sector and the Midwater Trawl Sector. These sectors are distinguished on the basis of the methods used to take the fish.

Levy for both sectors is set at $1,000 in 1996/97. Levy for the Purse Seine Sector of the fishery has not changed from that set for 1994/95 and 1995/96 under the Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations (the former Regulations), while levy for the Midwater Trawl Sector has increased from $700 under the former Fishing Levy Regulations m 1995/96. The new, higher levies for operators in this sector of the fishery reflect the greater management effort required from AFMA to fully, manage the operators' activities as part of a specific fishery.

The 1996/97 levy is due and payable by 28 April 1997, or 28 days after the grant of the fishing permit, whichever is the later.

The Regulations provide for exemptions from payment of levy as follows:

*       where a fishing permit which authorises the use of a particular boat in part of the fishery is granted to a person that already holds a current fishing permit in relation to the same boat for another part of the fishery. This exemption recognises that overall management effort in the fishery will not be increased by granting a current operator a second permit, and hence additional levy ought not be paid by that operator; and

*       where a fishing permit which authorises the use of a particular boat in the fishery is granted to a person that already holds a fishing permit in relation to the same boat that came into force on or after 1 July 1996 and that allows that person to fish in the area of the fishery. This exemption recognises that a person who falls into this category will already have paid levy during 1996/97 and should not be required to pay levy a second time in 1996/97.

Details of Part 6 of the Regulations, which concerns the Jack Mackerel Fishery, are set out below:

Regulation 6.01 provides for the definition of terms used in Part 6 of the Regulations. In particular, the regulation defines "Jack Mackerel Purse Seine Fishery" as having the meaning given by the Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations as in force immediately before the commencement of the Regulations.

Regulation 6.02 specifies the amounts of levy payable on fishing permits for the fishery, and provides for exemptions from payment of levy in the circumstances outlined above. The note explains that holders of the fishing permits pay $60 per fishing permit from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 6.03 provides for when the levy is due and payable.

Macquarie Island Developmental Fishery

The Regulations impose levy in respect of a new fishery, recently established by AFMA; namely, the Macquarie Island Developmental Fishery (the fishery).

The fishery has been established as a developmental fishery for the next the years. During this period a single commercial operator will be allowed access to the fishery and he required to collect information which can be used to determine the extent of commercial fisheries resources and the level at which they can be utilised on a sustainable basis.

The Regulations would enable AFMA to carry out full cost recovery from the operator in the fishery on behalf of the Commonwealth in accordance with current government policy. Under this policy, AFMA will recover from the operator in the fishery the costs of management attributable to the operator's activities during the 1996/97 financial yew, such as the development of specific management arrangements and permit conditions, arranging for observers to be aboard the boat operating in the fishery and a portion of surveillance costs (other costs, such as the costs of prosecutions am funded by the Commonwealth).

The Regulations m the amount of levy payable for a fishing permit in the fishery at $156,000, payable by 1 April 1997. The amount of levy set for 1996/97 in the fishery is significantly higher than for other fisheries managed by AFMA on behalf of the Commonwealth, primarily because only one operator will be granted a permit to operate in the fishery. While management costs for the fishery have been kept to a minimum, them are a number of high. cost items included in the costs of managing the fishery. These include:

*       staff salary costs which are particularly high because of the need to develop management arrangements and permit conditions for the fishery, involving consultation with a broad range of interested parties; and

*       the costs associated with the placement of observers on board the boat used by the operator in the fishery at all times, required to ensure collection of necessary data to develop appropriate long term management arrangements for the fishery and because of the remote location of the fishery (1,500 kilometres south of Tasmania).

As the fishery is in a developmental "c and a scientific research program requiring a significant financial contribution from the permit holder is to be undertaken as part of the commercial fishing operations in the fishery, the levy set for this fishery includes only a nominal research component of $60. This is equivalent to the research component which is collected from operators in informally managed fisheries.

Details of Part 7 of the Regulations, which concerns the Macquarie Island Developmental Fishery, we set out below:

Regulation 7.01 provides for the definition of a term used in Part 7 of the Regulations.

Regulation 7.02 specifies the amounts of levy payable on a fishing permit for the fishery. The note explains that the holder of fishing permit pays $60 from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 7.03 provides for when the levy is due and payable.

North West Slope Trawl Fishery

The Regulations set the levy payable in the North West Slope Trawl Fishery (the fishery) at $2,230 payable on a fishing permit granted in 1996/97, made up of management costs of $1,806 and a research component of $424. This would represent an increase from $1,902 paid on a fishing permit granted under the former Fishing Levy (North West Slope Trawl Fishery) Regulations in 1995/96.

The 1996/97 levy would be due and payable by 23 January 1997.

The increase in the levy for the fishery from 1995/96 to 1996/97 results from reduced participation in the fishery (less operators have been granted permits in 1996/97) and a slight increase in management costs.

The research component of $424 has not changed from 1995/96.

Details of Part 8 of the Regulations, which concerns the North West Slope Trawl Fishery, are set out below:

Regulation 8.01 provides for the definition of a term used in Part 8 of the Regulations.

Regulation 8.02 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $424 per fishing permit from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 8.03 provides for when the levy is due and payable.

Northern Prawn Fishery

The Regulations set the levy payable in the Northern Prawn Fishery (the fishery) on an SFR in 1996/97 at:

*       $2.72 by 23 December 1996; and

*        $34.26 by 13 July 1997.

For 1996/97 AFMA has required operators to pay $54.67 per SFR in levy in December 1996. A portion of the December levy payment for the fishery ($51.95 per SFR) was payable under the former Fishing Levy (Northern Prawn Fishery) Regulations on 13 December 1996. The remainder ($2.72 per SFR) will be payable on 23 December 1996.

The amounts of levy collected during each financial yew are not treated as instalments. The first amount, collected in 1996/97 in two separate payments in December is made up of:

*       the next 6-monthly payment on a loan taken out by the Commonwealth and funded by the fishery, to pay for a voluntary adjustment scheme under which units of fishing capacity in the fishery were surrendered to the Commonwealth at an agreed value. This payment is known as the VAS component;

*       the research component for the financial year; and

*       the management costs for the financial yew.

The second amount, collected on 13 July in each financial year, contributes the next VAS component payment.

In 1993/96 levy was set at $51.95 payable on an SFR by 13 December 1995 and $34.35 payable on an SFR by 13 July 1996 under the former Fishing Levy (Northern Prawn Fishery) Regulations. The VAS component (of $34.26), last collected in July 1996, has decreased slightly. The increase in the amount payable on an SFR by 13 December 1995 to a total of $54.67 payable on an SFR on 13 December 1996 and 23 December 1996 reflects a slight increase in the management costs for the fishery, due to increased management effort and staff salaries. The research component (of $5.00 for the 13 December 1996 levy payment and 92 cents for the 23 December 1996 payment) has increased when compared with 1995/96 due to increased value of the catch in the fishery.

Details of Pan 9 of the Regulations, which concerns the Northern Prawn Fishery, are set out below:

Regulation 9.01 provides for the definition of a term used in Part 9 of the Regulations.

Regulation 9.02 specifies the amounts of levy payable for each SFR held in the fishery. The note explains that holders of SFRs are to pay 92 cents per SFR from the levy as part of the fishery's contribution to the research component for 1996/97.

Regulation 9.03 provides for when the levy is due and payable.

South East Non-trawl Fishery

The Regulations impose levy in respect of a new fishery which AFMA will manage as a formally managed fishery from 1 January 1997; namely, the South East Non-trawl Fishery (the fishery). The fishery is to be managed under a system of fishing permits granted under the Management Act and to comprise operators from a miscellaneous class, whose fishing activities were not previously managed as specific fisheries.

Upon the issue of a fishery-specific permit, operators will be required to pay levy. The Regulations enable AFMA to carry out full cost recovery from operators in this fishery on behalf of the Commonwealth in accordance with current government policy. Under this policy, AFMA recovers from operators in the fishery the costs of management attributable to the operators' activities during 1996/97, such as:

*       logbook program costs;

*       a portion of surveillance costs; and

*       in the me of fishing concessions granting unlimited access to one or more of the key species of fish for which permits are to be granted in the fishery (blue-eye, ling and blue warehou) (the Key Species), the costs of developing and implementing a system of Individual Transferable Quotas.

The Regulations set the amount of levy that is payable for fishing permits granted from 5 December 1996 to 30 November 1997 (inclusive) at:

*       $2,550 for fishing permits which allow unlimited access to one or more of the Key Species;

*       $1,910 for fishing permits which allow unlimited access to one or more of the Key Species where the person granted the permit has already been granted a permit that came into force on or after 1 July 1996 and that allows that person to fish using a demersal line method in the whole or part of the am of the fishery (a Qualifying Informally Managed Fishery Permit);

*       $1,850 for fishing permits which do not allow unlimited access to any of the Key species; and

*       $1,210 for fishing permits which do not allow unlimited access to any of the Key species where the person granted the permit has already been granted a Qualifying Informally Managed Fishery Permit.

In each case, the levy payable includes a research component of $60.

Levy from operators who will participate in the fishery was previously collected under the former Fishing Levy Regulations, under which a levy of $700 was payable on a fishing permit that related to fishing activities not managed as a specific fishery. The new, higher levies for the fishery reflect the greater management effort required from AFMA to fully manage the operators' activities as a specific fishery.

If the fishing permit is granted before 12 April 1997, the levy is due and payable in 2 instalments as follows:

*       the first instalment, of one-third of the total amount of levy payable, is due and payable within 28 days after the fishing permit is granted; and

*        the remainder of the levy is due and payable as the second instalment by 10 May 1997.

If the fishing permit is granted on or after 12 April 1997, all of the levy is due and payable within 28 days after the grant of the fishing permit, so as to ensure, as far as possible, payment of the levy in the financial yew to which the levy relates.

Details of Part 10 of the Regulations, which concerns the South East Non-trawl Fishery, are set out below:

Regulation 10.01 provides for the definition of terms used in Part 10 of the Regulations.

Regulation 10.02 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $60 per fishing permit from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 10.03 provides for when the levy is due and payable.

South East Trawl Fishery

The Regulations set the levy payable in the South East Trawl Fishery (the fishery) for 1996/97 at the amounts indicated below.

The fishery is managed by means of quota units, each of which allows the holder of the units to take a particular quantity (by weight) of one of the 16 species of fish (quota species) that are subject to quota restrictions in the fishery. AFMA sets the weight of fish that can be taken under a quota unit.

The levy that is payable in 1996/97 is calculated by reference to the units of quota shown as a condition on a fishing permit. If the fishing permit is granted before 12 April 1997, the levy is due and payable in 2 instalments as follows:

*       the first instalment, of one-third of the total amount of levy payable, is due and payable within 28 days after the fishing permit is granted; and

*        the remainder of the levy is due and payable as the second instalment by 10 May 1997.

If the fishing permit is granted on or after 12 April 1997, all of the levy is due and payable within 28 days after the fishing permit is granted, so as to ensure, as far as possible, payment of the levy in the financial year to which the levy relates.

The costs of the fishery recovered as levy are apportioned among the 16 quota species. The levy payable for a particular species of fish is apportioned by AFMA on the basis of the value of catch of that species in 1995/96, compared to the total value of catch of all 16 quota species in that financial yew. This levy is then divided by the total number of units of quota allocated for that species in the 1997 calendar year, to give a rate of levy per unit payable in 1996/97. A comparative summary of the rates of levy payable on each of the 16 quota species under the former Fishing Levy (South East Fishery) Regulations (the former Regulations) in 1995/96 and under the Regulations in 1996/97, including the research components for 1996/97, is set out in Table 2.

The general increase in the rates of levy payable in the fishery when compared with those payable under the former Regulations in 1995/96 arises because, although estimated management costs for the fishery ($1,864,863) have not increased:

*       in 1995/96 levies were reduced due to a substantial carry over of unspent levy collected but not expended in 1994/1995 - without a carryover of unspent levy from 1994/95 the 1995/96 levies would have been higher, and

*       levy collected in 1995/96 was less than had been anticipated and insufficient to meet expenses - this necessitates an increase in the 1996/97 levy.

The research component, of $139,368 for 1996/97, has not changed significantly from that paid in 1995/96.

Details of Part 11 of the Regulations, which concerns the South East Trawl Fishery, are set out below:

Regulation 11.01 provides for the definition of terms used in Part 11 of the Regulations. In particular, the regulation defines "quota species" as being species of fish listed in Part 1 of Schedule 2 and "quota units" as being the quantity of quota species, expressed as a number of units, specified in a condition of a fishing permit as the quantity of species that may be taken under the permit.

Regulation 11.02 specifies the amounts of levy payable on fishing permits for the fishery as being such amounts as am calculated by multiplying the number of quota units specified in each permit by the amounts specified in Part 2 and Part 3 of Schedule. 2 for each quota species. The note explains that holders of fishing permits for the fishery pay a particular amount per fishing permit from the levy as the fisherys contribution to the research component as set out in the table following Pan 3 of Schedule 2 to the Regulations.

Regulation 11.03 provides for when levy is due and payable.

Southern Bluefin Tuna Fishery

The Southern Bluefin Tuna Fishery (the fishery) is managed under the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) and the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (the Management Regulations). The Plan provides for management of the fishery under SFRs, where a SFR allows, during a season, for the taking of a quantity of Southern Bluefin Tuna (SBT) determined by AFMA. The season is defined in the Management Regulations, and the 1996/97 season commenced on 16 December 1996. SFRs have a life that extends for the life of the Plan, thus mending beyond a season.

The Regulations set the levy payable in the fishery in 1996/97 at 12.54 cents per SFR. Levy is payable in three equal instalments on 16 December, 15 February and 1 May in each season, to facilitate collection of the levy in the financial year to which it relates.

The levy is being collected to cover the estimated costs incurred by AFMA in managing the fishery during the 1996/97 financial year, which will contribute 9.91 cents per SFR to the levy and the research component, which will contribute 2.63 cents per SFR to the levy.

The levy payable in 1996/97 represents a substantial reduction when compared to the levy of 32.36 cents per SFR set under the former Fishing Levy (Southern Bluefin Tuna Fishery) Regulations for 1995/96. As the former Fishing Levy (Southern Bluefin Tuna Fishery) Regulations required payment of levy on 16 December 1996 of one third of 32.36 cents per SFR, Part 12 of the Regulations, which deals with the fishery, and regulation 18.02, which ~5 the former Fishing Levy (Southern Bluefin Tuna Fishery) Regulations, are taken to have commenced on 15 December 1996 to ensure that operators are not required to pay a higher rate of levy on 16 December 1996 than AFMA has budgeted for.

The reduction in the levy has resulted from the cessation of a joint venture between Australian holders of SFRs and owners of Japanese boats used to fish under those SFRs. As part of the joint venture arrangements, AFMA had agreed to place several observers on participating Japanese boats. These observers are no longer required, resulting in a substantial reduction in staff and other management costs in the fishery. In addition, as the management costs in the fishery in 1995/96 had been estimated on the basis that the joint venture would operate throughout the year, there has also been a substantial carry over of unspent levy collected in 1995/96, further reducing the 1996/97 levy.

Details of Part 12 of the Regulations, which concerns the Southern Bluefin Tuna Fishery, are set out below:

Regulation 12.01 provides for the definition of terms used in Part 12 of the Regulations. The note refers to matters defined in the Plan.

Regulation 12.02 specifies the rate of levy payable on the SFRs. The note to the regulation explains that holders of the SFRs would pay 2.63 cents per SFR from the levy as the fishery's contribution to the research component.

Regulation 12.03 provides that the levy is due and payable in 3 equal instalments and specifies when those installments fall due.

Southern Shark Fishery

The Regulations set the amounts of levy payable in the Southern Shark Fishery (the fishery) paid on a fishing permit in 1996/97 at the amounts indicated below.

The fishery is divided into 2 sectors on the basis of fishing methods permitted to be used in the fishery. The sectors are the Gillnet Sector, in which the quantity of net that can be used is regulated by a system of net units, and the Hook Sector. The Hook Sector is further divided into 2 levels of permission, on the basis of the history of fishing in the fishery. The 2 levels are fishing using up to 1,000 hooks and fishing using up to 2,000 hooks.

The 1996/97 levy is payable by reference to the sectors and levels of permission included as permit conditions on fishing permits for the fishery granted in the period 8 June 1996 to 7 June 1997 inclusive (to allow for fishing permits to commence as early as the first day of the new financial year). The levy is due and payable on 27 March 1997 or within 28 days of the grant of the fishing permit, whichever is the later.

For the Gillnet Sector the levy is $842 per net unit, representing an increase in the rate of levy from $765 set under the former Fishing Levy (Southern Shark Fishery) Regulations (the former Regulations) in 1995/96). The levy for the Gillnet Sector is made up of management costs of $792 per net unit and the research component of $50 per net unit.

For the Hook Sector the levy is $859 for the use of up to 1,000 hooks and $1718 for the use of up to 2,000 hooks (a reduction in the rate of levy from $1,160 and $2,320 respectively set under the former Regulations in 1995/96), made up of management costs of $808 per 1,000 hooks and the research component of $51 per 1,000 hooks.

Overall, the new levies represent an increase in the amount of money to be collected in the fishery to meet estimated expenses for 1996/97. This results primarily from an increase in the proportion of management costs for the fishery attributable to operator's activities, and hence funded by operators in the fishery via levies.

The levy payable for each sector of the fishery in 1996/97 has been apportioned by AFMA on the basis of the catch of that sector over the past 2 calendar years, compared to the total catch of both sectors in the fishery over that period. The catch for the Hook Sector compared to the Gillnet sector has fallen since the last measurement period of 2 calendar yews' duration. This has resulted in a greater proportion of the management costs of the fishery being attributed to the Gillnet Sector, and so contributed to an increase in the levy payable for the Gillnet Sector and a substantial reduction in the levy payable in the Hook Sector when compared with the levies set in 1995/96 under the former Regulations.

Details of Part 13 of the Regulations, which concerns the Southern Shark Fishery, are set out below:

Regulation 13.01 provides for the definition of terms used in Part 13 of the Regulations.

Regulation 13.02 specifies the amounts of levy payable on fishing permits for the fishery. The note explains the amount that holders of each type of fishing permit pay from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 13.03 provides for when levy is due and payable.

Southern Squid Fishery

The Regulations impose levy in respect of a new fishery which AFMA will manage as a formally managed fishery from December 1996; namely, the Southern Squid Fishery (the fishery). The fishery is managed under a system of fishing permits granted under the Management Act and comprises those operators who fish for squid in the waters off the southcast coast of Australia, whose fishing activities were riot previously managed as specific fisheries.

Upon the issue of a fishery-specific permit, operators will be required to pay levy. The Regulations enable AFMA to carry out fall cost recovery from operators in this fishery on behalf of the Commonwealth in accordance with current government policy. Under this policy, AFMA recovers from operators in the fishery the costs of management attributable to the operators' activities during 1996/97, such as logbook program costs and a portion of surveillance costs (other costs, such as the costs of prosecutions are funded by the commonwealth).

Levy for the fishery is payable on 28 January 1997 or 28 days after the grant of the fishing permit, whichever is the later, and is set at $900 for each fishing permit granted in the fishery from the date of commencement of the Regulations to 31 July 1997 (inclusive). The rate of levy is made up of a research component of $60 and a management component of $840.

Levy from operators who will participate in the fishery was previously collected under the former Fishing Levy Regulations, under which a levy of $700 was payable on a fishing permit that related to fishing activities not managed as a specific fishery. The new, higher levy for the fishery reflect the greater management effort required from AFMA to fully manage the Operators' activities as a specific fishery.

An exemption from levy applies to permits where the person granted the permit was granted a permit that came into force on or after 1 July 1996 and which authorised fishing in the whole or part of the area of the fishery using the squid jigging or squid trawling method. This exemption recognises that a person who falls into this category will already have paid levy during 1996/97 and should not be required to pay levy a second time in 1996/97.

Details of Part 14 of the Regulations, which concerns the Southern Squid Fishery, we set out below:

Regulation 14.01 provides for the definition of terms used in Part 14 of the Regulations.

Regulation 14.02 specifies the amount of levy payable on fishing permits for the fishery and provides for an exemption from payment of levy in the circumstances outlined above. The note to subregulation 14.02(1) explains that holders of the fishing permits pay $60 per fishing permit from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 14.03 provides for when the levy is due and payable.

Western Deep Water Trawl Fishery

The Regulations set the levy payable in the Western Deep Water Trawl Fishery (the fishery) at $3,637 payable on:

*       5 year fishing permit granted in 1995/96 and 1996/97; and

*       12 month fishing permits granted in 1996/97,

by 23 January 1997.

The levy specified in the Regulations relates only to 1996/97.

The substantial increase in the levy from $2,205.50 set under the former Fishing Levy (Western Deep Water Trawl Fishery) Regulations in 1995/96 reflects:

*       undercollection of levy in 1995/96 as less operators paid levy in the fishery during 1995/96 than had been anticipated;

*       increased management costs due to increased management effort; and

*       the introduction for the first time in the fishery of a research component, set at $60.

Details of Part 15 of the Regulations, which concerns the Western Deep Water Trawl Fishery, me set out below:

Regulation 15.01 provides for the definition of a term used in Part 15 of the Regulations.

Regulation 15.02 specifies the amount of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $60 per fishing permit from the levy as the fishery's contribution to the research component for 1996/97.

Regulation 15.03 provides for when the levy is due and payable.

Western Tuna and Billfish Fishery and Southern Tuna and Billfish Fishery

In relation to the Western Tuna and Billfish Fishery and Southern Tuna and Billfish Fishery (formerly known as the Southern Tuna Fishery) (the fisheries) the Regulations:

*       set the rates of levy payable in the fisheries for 1996/97, including a reduced rate of levy for certain fishing permits which only allow access to an am of waters off western Victoria and western Tasmania (known as zone Z) in the Southern Tuna and Billfish Fishery; and

*       provide for the refund or remission of levy where a person granted a permit in 1996/97 surrenders that permit on or before 16 January 1997. This will allow certain permit holders who since being granted a permit for the 1996/97 financial yew have advised AFMA that they wish to surrender their permit to do so without being required to pay levy.

Levy for the fishery is payable by 21 February 1997 in respect of fishing permits granted for the 1996/97 financial year. The amounts of levy payable on fishing permits granted in the fisheries are, in the cue each of the 3 methods allowed to be used in the fisheries, as follows:

*       purse seining - the rate of levy is $2,750 (including a research component of $60), representing an increase in the rate of levy from $1,900 set under the former Fishing Levy (Western Tuna and Billfish Fishery and Southern Tuna Fishery) Regulations (the former Regulations) in 1995/96;

*       pelagic longlining the rate of levy is $2,250 (including a research component of $60), representing an increase from $1,600 set under the former Regulations in 1995/96;

*       other fine fishing methods - the rate of levy is $1850 (including a research component of $60), representing an increase from $1,300 set under the former Regulations in 1995/96.

The levy payable for a method of fishing is the same, regardless of whether the fishing allows fishing in all or part of either or both of the fisheries. If more than one method is allowed to be used under a fishing permit, then only the highest of the rates of levy specified above is payable.

The research component is usually calculated to be up to 0.25 per cent of the Gross Value of Product (GVP) of the fishery. In 1995/96 them had not yet been any GVPs recorded for the fisheries and the research component was set at a $60 flat rate. GVPs have now been recorded for the fisheries, but as GVP remains low the $60 flat rate research component has been retained for 1996/97.

The Regulations also provide for reduced rates of levy of $1,060 (including a research component of $60) to be payable on fishing permits granted to operators who:

*       operate in either of the fisheries, under a fishing permit, allowing only a limited catch in connection with their operations in the Southern Bluefin Tuna (SBT) Fishery, which overlaps both fisheries; or

*       operate in zone Z of the Southern Tuna and Billfish Fishery and who also operate in the southern part of the adjoining Eastern Tuna and Billfish (ETB) Fishery. A reduced rate of levy is also payable on ETB Fishery fishing permits granted to these operators.

The reduced rate of levy recognises that these operators; also contribute to the costs of managing the SBT Fishery and the ETB Fishery and require only a reduced management effort in the fisheries.

The general increase in the rates of levy for the fishery from those set for 1995/96 under the former Regulations results from the need to fund an undercollection of levy in 1995/96 which arose due to a higher number of operators than had been anticipated choosing not to apply for the grant of a fishing permit for the fishery.

Details of Part 16 of the Regulations, which concerns the Western Tuna and Billfish and Southern Tuna and Billfish Fisheries, are set out below:

Regulation 16.01 provides for the definition of terms used in Part 16 of the Regulations. In particular, the regulation defines "Zone Z" as meaning the area within the Southern Tuna and Billfish Fishery described in Division 2 of Part 11 of Schedule 1A of the Fisheries Management Regulations.

Regulation 16.02 specifies the amounts of levy payable on fishing permits for the fisheries, including the reduced rate of levy for limited catch fishing permits and fishing permits for zone Z. The note to subregulation 16.02(4) explains that holders of the fishing permits pay $60 per fishing permit from the levy as the fishery's contribution to the research component.

Regulation 16.03 provides for when the levy is due and payable.

Regulation 16.04 provides for the remission or refund of levy where the holder of a fishing permit surrenders that permit on, or before, 16 January 1997.

Informally managed fisheries

The Regulations set the levy payable for an informally managed fisheries fishing concession at $700. The levy is made up of management costs of $640 and a research component of $60. The levy is payable on the grant of a fishing concession and on each anniversary of the grant. The amount of levy have not changed from that specified under the former Fishing Levy Regulations.

Details of Part 17 of the Regulations, which concerns the Western Tuna and Billfish and Southern Tuna and Billfish Fisheries, are set out below:

Regulation 17.01 provides for the definition of terms used in Part 17 of the Regulations. In particular, the regulation defines "informally managed fishery" as meaning a fishery for which no plan of management has been made under section 17 of the Fisheries Management Act 1991 and that is not described in regulation 4B of the Fisheries Management Regulations.

Regulation 17.02 specifies the amounts of levy payable on fishing concessions for informally managed fisheries and provides that no levy is payable where the boat authorised for use under the concession is also authorised for use under a fishing concession for another informally managed fishery, or where the concession authorises only the testing of fishing equipment. The note explains that holders of the fishing concessions pay $60 per concession from the levy as a contribution to the research component.

Regulation 17.03 provides for when the levy is due and payable.

TABLE 1

EASTERN TUNA AND BILLFISH FISHERY LEVY:

1995/96 AND 1996/97

PART 1 - PERMITS (EXCEPT LIMITED ETBF PERMITS)

Levy Amount
(dollars per sector)

SECTOR

1995/96
Total*

1996/97
Total*

1996/97
Research
component

Minor line methods (ML)

600

718

86

Pelagic Longline (PLL) (Sub-area 1)

2800

3285

86

PLI (Sub-area 2)

2500

2935

86

PLI (Sub-area 4)

1350

1593

96

PLI (Sub-area 5)

Nil

Nil

Nil

PLL (Sub-area 6)

1285

Isle

86

P11 (Sub-area 7)

1285

1518

86

P11 (Sub-area 8)

1285

1518

86

PLL (Sub-area 9)

500

1000

Nil

Purse Seine (PS) (Sub-area 3)

3600

4178

330

PS (Sub-area 4)

2200

254.4

330

PS (Sub-area 6)

2750

3186

330

PS (Sub-area 7)

1900

2194

330

PART 2 - LIMITED ETBF PERMITS)

Levy Amount
(cents per unit)

SECTORS

1995/96
Total*

1996/97
Total*

1996/97
Research
component

Minor line methods (ML) (Sub-area 6)

N/A

600

86

Pelagic Longline (PLL) (Sub-area 6)

N/A

1000

86

PLI (Sub-area 7)

N/A

1000

86

PLI (Sub-area 8)

N/A

1000

96

Note: The total levies shown for each species include the research component. New research components for 1996/97 are shown for information.

PART 3 - CERTAIN PERMITS HELD BY HOLDERS OF EARLIER PERMITS

Levy Amount
(dollars per sector)

SECTOR

1995/96
Total*

1996/97
Total*

1996/97
Research
component

Minor line methods (ML)

N/A

1318

144

Pelagic Longline (PLL) (Sub-area 1)

N/A

6085

144

PLI (Sub-area 2)

N/A

5435

144

PLI (Sub-area 4)

N/A

2943

144

PLI (Sub-area 5)

N/A

Nil

Nil

PLL (Sub-area 6)

N/A

2803

144

P11 (Sub-area 7)

N/A

2803

144

P11 (Sub-area 8)

N/A

2803

144

PLL (Sub-area 9)

N/A

1500

Nil

Purse Seine (PS) (Sub-area 3)

N/A

7778

632

PS (Sub-area 4)

N/A

4744

632

PS (Sub-area 6)

N/A

5936

632

PS (Sub-area 7)

N/A

4094

632

Note: The total levies shown for each sector include the research component. New research components for 1996/97 are shown for information.

TABLE 2

SOUTH EAST TRAWL FISHERY LEVY:

1995/96 AND 1996/97


Levy Amount
(cents per unit)

SPECIES

1995/96
Total*

1995/96
Total*

1996/97
Research
component

Blue-Eye Trevalla

7.8

15.2

1.1

Blue Grenadier

5.8

6.4

0.4

Blue Warehou

5.2

6.4

0.4

Flathead

3.6

5.2

0,4

Jackass Morwong

4.1

4.8

0.3

John Dory

11.8

14.2

1.0

Ling

14.2

24.1

1.7

Mirror Dory

3.2

4.1

0.3

Ocean Perch

8.5

12.9

0.9

Redfish

7.2

10.8

0.8

Royal Red Prawn

5.2

9.6

0.7

School Whiting

3.4

4.1

0.3

Silver Trevally

1.9

2.8

0.2

Spotted Warehou

9.9

13.3

0.9

Gemfish-Eastern Sector

4.0

4.0

0.3

Gemfish - Western Sector

7.6

8.6

0.6.

Orange Roughy - Eastern Sector

3.6

4.6

0.3

Orange Roughy - Southern Sector

5.4

4.6

0.3

Orange Roughy - Western Sector

13.7

4.6

0.3

Note: The total levies shown for each species include the research component. New research components for 1996/97 are shown for information.


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