Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (WESTERN TUNA AND BILLFISH FISHERY AND SOUTHERN TUNA FISHERY) REGULATIONS 1995 NO. 361

STATUTORY RULES 1995 No. 361

Issued by the Authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Western Tuna and Billfish Fishery and Southern Tuna Fishery) 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. Sections 5 and 6 of the Levy Act commenced prior to the grant of the fishing concessions, in respect of which the levy is imposed.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral 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.

The Western Tuna and Billfish Fishery and the Southern Tuna Fishery (collectively, the fisheries) are new fisheries, recently established by the Australian Fisheries Management Authority (AFMA), The fisheries are both managed under systems of fishing permits granted under the Management Act and comprise the holders of fishing permits (operators) from a miscellaneous class of operators, whose fishing activities were not previously managed as specific fisheries.

The purpose of the Fishing Levy (Western Tuna and Billfish Fishery and Southern Tuna Fishery) Regulations (the Regulations) is to introduce new rates of levy for the fisheries, to enable AFMA. to carry out full cost recovery from operators in the fisheries on behalf of the Commonwealth in accordance with current government policy. Under this policy, AFMA recovers from operators in each 'of the fisheries:

•       the costs of management attributable to the operators' activities during the 1995/1996 financial year, such as logbook and a portion of surveillance costs and the 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 for 1995/1996, to fund research in each fishery. This contribution is known as the research component, and is recovered equally from each of the operators in the fishery.

The Regulations:

•       set the amounts of levy that are payable for a fishing permit in each fishery, as described below; and

•       set the dates by which the levy is due and payable. Levy is due and payable by 28 days after the grant of the fishing permit.

The amounts of levy payable on fishing permits granted in the fisheries is calculated by reference to the 3 methods allowed to be used in the fisheries as follows:

•       purse seining - $1,900 (including a research component of $60);

•       pelagic longlining - $1,600 (including a research component of $60); and

•       other line fishing methods - $1,300 (including a research component of $60).

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 is payable.

The Regulations also provide for a reduced rate of levy of $1060 (including a research component of $60) to be payable on fishing permits granted to operators who:

•       operate in waters off western Victoria and western Tasmania (known as zone Z) of the Southern Tuna Fishery and who also operate in the southern part of the adjoining East Coast Tuna (ECT) Fishery; or

•       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 reduced rate of levy recognises that these operators contribute fully to the costs of managing the ECT Fishery and the SBT Fishery and require only a reduced management effort in the fisheries.

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 the fisheries are new there are no GVPs yet recorded for them and the research component has been set at the $60 flat rate. This is the same amount that is contributed to the FRDC per operator from the levy currently collected under the Fishing Levy Regulations (see below). In all of the situations discussed above, management costs make up the remainder of the levy.

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

Details of the Regulations, which commenced on gazettal, are set out below.

Regulation 1 provides for the Regulations to be cited as the Fishing Levy (Western Tuna and Billfish Fishery and Southern Tuna Fishery) Regulations. The note provides that the Regulations commenced on gazettal.

Regulation 2 provides definitions of the terms used in the Regulations. In particular, the regulation defines "tuna", the target species in the fisheries so as to exclude, among other things, SBT. The regulation also defines the area of each fishery and references to matters in the Fishing Levy (East Coast Tuna Fishery) Regulations.

Regulation 3 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 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 4 provides when the levy is due and payable.

Schedules 1, 2 and 3 describe the areas of the fisheries and zone Z.