Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATIONS 1997 NO. 312

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 312

Issued by the authority of the Minister for Resources and Energy

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy 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 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to all fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth and have repealed and replaced the Fishing Levy (All Fisheries) Regulations (the former Regulations).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 in 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 specify amounts of levy payable on fishing concessions that relate to the 1997/98 financial year in each of the fisheries managed by AFMA on behalf of the Commonwealth, and the date when those amounts of levy are due and payable.

Levy is set 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).

Except for informally managed fisheries, the budgets on which the rates of levy for each fishery were 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 Regulations.

The Regulations commenced on gazettal.

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 Parts 1 and 18 of the Regulations, which deal with matters common to all fisheries, are set out below.

Regulation 1.1 provides for the Regulations to be cited as the Fishing Levy Regulations. The note provides that the Regulations commence on gazettal.

Regulation 1.2 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;

*       defines "invoice date" for levy or an instalment of levy payable for a fishing concession to mean the date mentioned on the invoice issued by AFMA for the levy or instalment; and

*       provides that unless the contrary intention appears any words or expressions used in the Regulations and in the Fisheries Management Regulations have the same meaning in the Regulations as in the Fisheries Management Regulations.

Regulation 18 repeals the Fishing Levy (All Fisheries) Regulations.

ATTACHMENT

DETAILS OF THE REGULATIONS BY REFERENCE TO EACH FISHERY

Note:

In this attachment:

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

"1997/98" means the 1997/1998 financial year;

"AFMA" means the Australian Fisheries Management Authority;

"former Regulations" means the Fishing Levy (All Fisheries) Regulations;

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

"invoice date" for a levy or an instalment of levy, means the date mentioned on the invoice issued by AFMA for the levy or instalment;

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

"Regulations" means the Fishing Levy Regulations.

Bass Strait Scallop Fishery

Under the Regulations, levy is payable for the Bass Strait Scallop Fishery (the fishery) for fishing permits in force in the period from 1 June 1997 to 31 May 1998 (inclusive), and payable on or before the later of 23 January, or 28 days after the invoice date for the levy.

The levy payable in 1997/98 represents an increase from levy payable under the former Regulations, and reflects management costs associated with the development of a management plan for the fishery.

The Regulations set the research component of the levy, payable to the Fisheries Research and Development Corporation, at $60 for 1997/98.

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

Regulation 2.1 provides for the definition of a term used in Part 2 of the Regulations.

Regulation 2.2 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.

Regulation 2.3 provides for when the levy is due and payable.

Coral Sea Fishery

The Regulations set levy payable in the Coral Sea Fishery (the fishery) in 1997/98 at $1,200 for a fishing permit in force in the financial year beginning on 1 July 1997. Levy is payable on 30 January 1998 or 28 days after the invoice date for the levy, whichever is the later.

In 1997/98, the levy has been set to recover the whole of the management costs estimated for 1997/98 as was the case in 1996/97. Estimated management costs have risen slightly in 1997/98, and this is reflected in the increase in levy set from $1,125 in 1996/97.

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

Regulation 3.1 provides for the definition of a term used in Part 3 of the Regulations.

Regulation 3.2 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 1997/98.

Regulation 3.3 provides for when the levy is due and payable.

Eastern Tuna and Billfish Fishery

In relation to the Eastern Tuna and Billfish Fishery (the fishery) the Regulations implement levy arrangements for the fishery for 1997/98 and in particular, when compared with the former Regulations:

*       set new rates of levy payable in the fishery and provide for levy to be paid in two instalments;

*       introduce two further sectors (the Pole Sector and Pelagic Longline (Area 10) Sector) for which levy is payable;

*       introduce a new category of levy payable to allow Commonwealth operators to take by catch of Eastern Tuna & Billfish Fishery (ET&BF) species; and

*       introduce a provision to allow operators to be refunded or remitted levy paid or payable, respectively.

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 1997/98 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 the sectors in 1996/97 and 1997/98, including the research components for 1997/98, 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 3 of each of Parts 1 and 2 of Table 1 at the end of this attachment. Levy is due and payable in two equal instalments, the first being payable by 10 December 1997 or 28 days after the invoice date for the instalment, and the second instalment being payable by 31 March 1998 or 28 days after the invoice date for the instalment.

When compared with the former Regulations, the Regulations also impose levy for a new sector, the Pelagic Longline (Area 10) Sector, which has emerged as a result of a boundary change to the fishery which occurred on 1 July 1997.

In addition, the Regulations impose levy for a new "bycatch" permit. The permit allows Commonwealth operators licensed to take southern bluefin tuna to land an incidental take of ET&BF species. Recognising that the granting of these permits will create little additional administrative expense, a small rate of levy has been set.

The Regulations provide an option in 1997/98 for operators to surrender their permits before 11 November 1997. This option recognises that the decision whether or not to remain in the fishery from year to year for many operators depends on the levy set for the forthcoming year and allows for the refund or remission of levy where operators choose to leave the fishery.

The general decrease in the rates of levy for the fishery from those set for 1996/97 under the former Regulations results from:

*       a positive carryover of monies following the acquittal of the 1996197 budget, due to saving in Eastern Tuna Management Advisory Committee costs and salaries and oncosts; and

*       a reduction in expenditure on the logbook program for the fishery, following the success of an intensive program to improve logbook compliance.

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 4.1 provides definitions of terms used in Part 4 of the Regulations. In particular, the regulation defines "sector of the Fishery" as having the meaning given by regulation 4C(1) of the Fisheries Management Regulations.

Regulation 4.2 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 4.2 explains that holders of fishing permits for the fishery pay an amount per fishing permit from the levy that is set out in Schedule 1 as the fishery's contribution to the research component for 1997/98.

Regulation 4.3 specifies that the amount of levy payable on fishing permits for the fishery that allow fishing in a single sector of the fishery is the amount specified in Part 1 of Schedule 1 for the sector. Subregulation 4.3(2) provides that the regulation does not apply to a fishing permit to which regulation 4.5 applies.

Regulation 4.4 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 greater or the greatest of the amounts of levy specified in Part 1 of Schedule 1 for the sectors. Subregulation 4.4(2) provides that the regulation does not apply to a fishing permit to which regulation 4.5 applies.

Regulation 4.5 specifies the amount of levy payable on fishing permits in force in the financial year beginning on 1 July 1997, where, in the financial year beginning on 1 July 1996, the holder was not granted an ETBF fishing permit but held an existing ETBF fishing permit. The amount of levy payable is calculated according to whether the permit authorises fishing in a single, or two or more sectors in the fishery, and is provided for in column 3 in Part 2 of Schedule 1.

Regulation 4.6 provides for when the levy is due and payable.

Regulation 4.7 provides that if the holder of an ETBF fishing permit surrenders the permit by written notice to AFMA on or before 11 November 1997, AFMA must refund any levy paid or remit the levy payable for the permit if no levy has been paid.

Great Australian Bight Trawl Fishery

The Regulations set the levy payable in the Great Australian Bight Trawl Fishery (the fishery) in 1997/98 at $9,901, payable on an SFR by 23 January 1998. The levy is made up of a management component of $8,752 and a research component of $1,149.

In 1996/97 levy was set at $8,550 under the former Regulations. The increase in the levy in 1997/98 results from an increase in estimated management costs and the research component payable.

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

Regulation 5.1 provides for the definition of a term used in Part 5 of the Regulations.

Regulation 5.2 specifies the amounts of levy payable for each SFR held in the fishery. The note explains that holders of SFRs are to pay $1,149 per SFR from the levy as the fishery's contribution to the research component for 1997/98.

Regulation 5.3 provides for 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 1997/98 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 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 1997/98, the same amount as was set for 1996/97 under the former Regulations.

The 1997/98 levy is due and payable by 28 April 1998, or 28 days after the invoice date for the levy, whichever is the later.

The Regulations, like the former 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 1997/98 and should not be required to pay a levy a second time in 1997/98.

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

Regulation 6.1 provides for the definition of terms used in Part 6 of the Regulations. In particular, the regulation defines "first permit" as being a JMF fishing permit that was granted before the commencement of these Regulations and came into force on or after 1 July 1996.

Regulation 6.2 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 1997/98.

Regulation 6.3 provides for when the levy is due and payable.

Macquarie Island Developmental Fishery

The Regulations impose levy in respect of the Macquarie Island Developmental Fishery (the fishery).

The fishery is entering the second year of its three year developmental phase. During this period a single commercial operator has been granted access to the fishery to undertake commercial fishing operations and to collect information which can be used to determine the extent of commercial fisheries resources including the level at which they can be utilised on a sustainable basis.

The Regulations 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 1997/98 financial year, 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 are funded by the Commonwealth).

The Regulations set the amount of levy payable for a fishing permit in the fishery at $173,000, payable by 27 February 1998. The amount of levy set for 1997/98 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, there 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 in 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 stage 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, are set out below:

Regulation 7.1 provides for the definition of a term used in Part 7 of the Regulations.

Regulation 7.2 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 1997/98.

Regulation 7.3 provides for when the levy is due and payable.

North West Slope Trawl Fishery

The Regulations set the levy payable for a North West Slope Trawl Fishery fishing permit in force in 1997/98 at $4,266, made up of management costs of $4,072 and a research component of $194. This represents a significant increase from $2,230 paid on a fishing permit granted under the former Regulations in 1996/97, reflecting an increase in management costs and, as a result of a review of expenditure relating to the fishery to determine what proportion ought to be funded by the industry, a shift in management costs from government to industry.

The 1997/98 levy is due and payable by 23 January 1998.

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

Regulation 8.1 provides for the definition of a term used in Part 8 of the Regulations.

Regulation 8.2 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $194 per fishing permit from the levy as the fishery's contribution to the research component for 1997/98.

Regulation 8.3 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 1997/98 at:

*       $53.61 by 23 December 1997; and

*       $34.26 by 13 July 1998.

The amounts of levy collected during each financial year are not treated as instalments. The first amount collected is due on 23 December 1997 and 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, which is $5.61 per SFR for the financial year; and

*       the management component, which is $13.74 per SFR for the financial year.

The second amount, collected on 13 July 1998, contributes the next VAS component payment.

In 1996/97 levy was set at $54.67 payable in December 1996 and $34.26 payable on an SFR by 13 July 1997 under the former Regulations. The component payable in December was due in two parts, the first being payable under the Fishing Levy (Northern Prawn Fishery) Regulations and the second under the former Regulations. The amount specified in the former Regulations is not therefore representative of the total amount of levy collected in December 1996. The decrease in the total amount payable on 23 December 1997 in comparison with that paid in December 1996, reflects a reduction in both the management costs and the research component.

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

Regulation 9.1 provides for the definition of a term used in Part 9 of the Regulations.

Regulation 9.2 specifies the amounts of levy payable for each SFR held in the fishery. The note explains that holders of SFRs are to pay $5.61cents per SFR from the levy as part of the fishery's contribution to the research component for 1997/98.

Regulation 9.3 provides for when the levy is due and payable.

South East Non-trawl Fishery

The Regulations impose levy in respect of the South East Non-trawl Fishery (the fishery). Key species in the fishery are blue warehou, pink ling and blue eye trevalla. Following a process of extensive consultation with industry, a system of Individual Transferable Quota (ITQ) will be introduced in the fishery on 1 January 1998, under which quota units will be allocated to operators in the fishery. The amount of levy payable by operators in the fishery in 1997/98 has increased when compared with that payable in 1996/97, due to an increase in management costs. In addition, those permit holders with access to one or more of the key species are required to pay a higher levy than those permit holders with no access to key species due to the management costs associated with the implementation of a quota system.

The Regulations set the amount of levy that is payable for fishing permits in force in the calendar year beginning 1 January 1998 at:

*       $3,255 for permits which authorise fishing for any of the key species; and

*       $2,405 for permits which do not allow fishing of any of the key species.

In each case, the levy payable includes a research component of $55.

If the fishing permit is granted before 14 April 1997, the levy is due and payable in 2 instalments as follows:

*       the nearest instalment, of one-third of the total amount of levy payable, is due and payable by 28 January 1998 or 28 days after the date of the invoice; and

*       the remainder of the levy is due and payable as the second instalment by 12 May 1997.

If the fishing permit is granted on or after 14 April 1997, all of the levy is due and payable by 28 days after the invoice date for the levy, so as to ensure, as far as possible, payment of the levy in the financial year 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 10.1 provides for the definition of terms used in Part 10 of the Regulations.

Regulation 10.2 specifies the amounts of levy payable on fishing permits for the fishery. The note explains that holders of the fishing permits pay $55 per fishing permit from the levy as the fishery's contribution to the research component for 1997/98.

Regulation 10.3 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 1997/98 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 1997/98 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 1998, 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 on or before 28 January 1998 or 28 days after the invoice date for the instalment; and

*       the remainder of the levy is due and payable as the second instalment by 12 May 1998.

If the fishing permit is granted on or after 12 April 1998, all of the levy is due and payable within 28 days after the invoice date for the levy, 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 1996/97, compared to the total value of catch of all 16 quota species in that financial year. This levy is then divided by the total number of units of quota allocated for that species in the 1998 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 Regulations in 1996197 and under the Regulations in 1997/98, including the research components for 1997/98, is set out in Table 2.

The general decrease in the rates of levy payable in the fishery when compared with those payable under the former Regulations in 1996197 has arisen because, although estimated management costs for the fishery ($1,864,863) have not increased:

*       in 1996/97 levies were reduced due to a substantial carry over of unspent levy collected but not expended in 1995/1996 - without a carryover of unspent levy from 1995/96 the 1996/97 levies would have been higher; and

*       levy collected in 1996/97 was less than had been anticipated and insufficient to meet expenses - this necessitated an increase in the 1997/98 levy.

The research component for 1997/98, has not changed significantly from that paid in 1996/97.

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

Regulation 11.1 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, mentioned in a condition of a fishing permit as the quantity of species that may be taken under the permit.

Regulation 11.2 specifies the amounts of levy payable on fishing permits for the fishery as being such amounts as are 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 fishery's contribution to the research component as set out in the table following Part 3 of Schedule 2 to the Regulations.

Regulation 11.3 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 1997/98 season commences on 1 December 1997. SFRs have a life that extends for the life of the Plan, thus extending beyond a season.

The Regulations set the levy payable in the fishery in 1997/98 at 11.43 cents per SFR. Levy is payable in three equal instalments on 16 December, 16 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 1997/98 financial year. The levy amount comprises 8.73 cents per SFR as the management component, and 2.70 cents per SFR, as the research component.

The levy payable in 1997/98 represents a slight reduction when compared to the levy of 12.54 cents per SFR set under the former Regulations for 1,996/97, as estimated management costs have fallen slightly.

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

Regulation 12.1 provides for the definition of terms used in Part 12 of the Regulations. The note refers to matters defined in the Plan.

Regulation 12.2 specifies the rate of levy payable on the SFRs. The note to the regulation explains that holders of the SFRs would pay 2.70 cents per SFR from the levy as the fishery's contribution to the research component.

Regulation 12.3 provides that the levy is due and payable in 3 equal instalments and specifies when those instalments 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 1997/98 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 groups of operators, those entitled to use up to 1,000 hooks and those entitled to use up to 2,000 hooks.

The 1997/98 levy is payable by reference to the sectors and levels of permission included as permit conditions on fishing permits for the fishery in force in the financial year beginning 1 July 1997. The levy is due and payable on 27 March 1998 or 28 days after the invoice date for the levy, whichever is the later.

For the Gillnet Sector the levy is $771 per net unit, representing an increase in the rate of levy from $842 set under the former Regulations in 1995/96). The levy for the Gillnet Sector is made up of management costs of $725 per net unit and the research component of $46 per net unit.

For the Hook Sector the levy is $721 for the use of up to 1,000 hooks and $1,142 for the use of up to 2,000 hooks (an increase in the rate of levy from $859 and $1,718 respectively set under the former Regulations in 1996/97), made up of management costs of $1,356 per 1,000 hooks and the research component of $86 per 1,000 hooks.

Overall, the new levies represent an increase in the amounts to be collected in the fishery to meet estimated expenses for 1997/98. 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 1997/98 has been apportioned by AFMA on the basis of the catch of that sector over the past two 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 two calendar years' 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 1996/97 under the former Regulations.

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

Regulation 13.1 provides for the definition of terms used in Part 13 of the Regulations.

Regulation 13.2 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 1997/98.

Regulation 13.3 provides for when levy is due and payable.

Southern Squid Fishery

The Regulations impose levy in respect of the Southern Squid Fishery (the fishery). The fishery is managed under a system of fishing pen-nits granted under the Management Act and comprises those operators who fish for squid in the waters off the south-east coast of Australia, whose fishing activities were not previously managed as specific fisheries.

Levy for the fishery is payable on 12 December 1997 or 28 days after the invoice date for the levy, whichever is the later, and is set at $820 for each fishing permit in force in the fishery from 31 August 1997 to 30 August 1998 (inclusive). The rate of levy is made up of a research component of $60 and a management component of $760. The decrease in the amount of levy is attributable to the decrease in management costs for the fishery.

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

Regulation 14.1 provides for the definition of a term used in Part 14 of the Regulations.

Regulation 14.2 specifies the amount of levy payable on fishing permits for the fishery. The note to subregulation 14.2(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 1997/98.

Regulation 14.3 provides for when the levy is due and payable.

Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

In relation to the Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery (the fisheries) the Regulations set the rates of levy in the fisheries for 1997/98.

A considerable reduction in management costs, achieved principally through the reduction in the number of meetings of the Western Tuna Management Advisory Committee has led to a significant reduction in the levy payable for permits in the fisheries.

The Regulations have also been simplified when compared with the relevant part of the former Regulations. The former regulations provided for a special reduced rate of levy for certain permit holders entitled to fish tin the Eastern Tuna and Billfish Fishery (ETBF). The boundary between the Southern Tuna and Billfish Fishery and the ETBF has now been shifted so that permit holders operating in waters around Tasmania pay only an ET&BF levy.

Levy for the fishery is payable by 20 February 1998 in respect of fishing permits in force in the 1997/98 financial year. The amounts of levy payable on fishing permits granted in the fisheries is, in the case each of the three methods allowed to be used in the fisheries, as follows:

*       purse seining - the rate of levy is set at $1,750 (including a research component of $60), representing a decrease in the rate of levy from $2,750 set under the former Regulations in 1996/97;

*       pelagic longlining - the rate of levy is set at $1,250 (including a research component of $60), representing a decrease in the rate of levy from $2,250 set under the former Regulations in 1996/97;

*       other line fishing methods the rate of levy is set at $850 (including a research component of $60), representing a decrease in the rate of levy from $1,850 set under the former Regulations in 1996/97.

The levy payable for a method of fishing is the same, regardless of whether the fishing permit 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 are 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. As was the case in 1996/97, GVP in the fisheries remains low and the $60 research component has been retained for 1997/98.

The Regulations also provide for levy of $300 (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. The rate of levy has been reduced from $1060 (similar to the fee charged for informally managed fisheries) in 1996/97 to $300. The reduced fee seeks to recover only the costs of research, surveillance and monitoring, as the other management costs associated with the operations of such permit holders are now recovered through the SBT Fishery levy.

The Regulations provide an option in 1997/98 for operators to surrender their permits before 16 January 1997. This option recognises that the decision whether or not to remain in the fishery from year to year for many operators depends on the levy set for the forthcoming year and allows for the refund or remission of levy where operators choose to leave the fishery.

Details of Part 15 of the Regulations, which concerns the Southern Tuna and Billfish and Western Tuna and Billfish Fisheries are set out below:

Regulation 15.1 provides for the definition of terms used in Part 16 of the Regulations.

Regulation 15.2 specifies the amounts of levy payable on fishing permits for the fisheries, including the reduced rate of levy for limited catch fishing permits. The note to subregulation 16.2(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 15.3 provides for when the levy is due and payable.

Regulation 15.4 provides for the remission or refund of levy where the holder of a fishing permit surrenders that permit on, or before, 16 January 1998.

Western Deep Water Trawl Fishery

The Regulations set the levy payable in the Western Deep Water Trawl Fishery (the fishery) at $4,167 payable on:

*       5 year fishing permit granted in 1996/97 and 1997/98; and

*       12 month fishing permits granted in 1997/98,

by 23 January 1998.

The levy specified in the Regulations relates only to 1997/98.

The increase in the levy from $3,637 under the former Regulations in 1996/97 is attributable to an increase in management costs, and, as a result of a review of expenditure relating to the fishery to determine what proportion ought to be funded by the industry, a shift in management costs from government to industry.

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

Regulation 16.1 provides for the definition of a term used in Part 15 of the Regulations.

Regulation 16.2 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 1997/98.

Regulation 16.3 provides for when the levy is due and payable.

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 Regulations.

Details of Part 17 of the Regulations, which concerns the informally managed fisheries, are set out below:

Regulation 17.1 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 17.2 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 17.3 provides for when the levy is due and payable.


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