Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT) 1992 NO.368

STATUTORY RULES 1992 No. 368

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

Fisheries Levy Act 1984

Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment)

Section 8 of the Fisheries Levy Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Act.

Paragraphs 5 (bc) and (bd) of the Act impose levy on the allocation and renewal of 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 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 a fishery is divided.

The Northern Prawn Fishery Management Plan (the Plan) provides that the fishing capacity of the Northern Prawn Fishery shall be divided into units, which are defined as a measure of the engine power and hull size of boats in the fishery.

The Regulations specify amounts of levy in respect of different classes of units which authorise fishing in the Northern Prawn Fishery during periods covering the two fishing seasons in the Northern Prawn Fishery. Under the Fisheries Levy (Northern Prawn Fishery) Regulations (the principal Regulations), the period is 14 July in any year to the end of 13 December in the same year. The Regulations after this period to 14 December in each year to the end of 13 July in the subsequent year.

The effect of the Regulations is to require the payment of the following amounts of levy in respect of an allocation or renewal of allocation:

•       of units described in paragraphs 3(a) and 3(c) of the principal Regulations for the period 14 December in each year to the end of 13 July in the subsequent year - $25.40;

•       of units described in paragraphs 3(b), 3(d) and 3(e) of the principal Regulations for the period 14 December in each year to the end of 13 July in the subsequent year - $32.80.

The Regulations commenced on gazettal.