Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (SOUTH WESTERN SECTOR TRAWL FISHERY) REGULATIONS 1991 NO. 111

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 111

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

FISHERIES LEVY ACT 1984

FISHERIES LEVY (SOUTH WESTERN SECTOR TRAWL FISHERY) REGULATIONS

Paragraph 5(b) of the Fisheries Levy Act 1984 ("the Act") provides for the imposition of levy upon the endorsement of a licence granted under subsection 9(2) or 9(3) of the Fisheries Act 1952, being an endorsement included in a class of endorsements prescribed for the purposes of that paragraph. Subsection 6(1) provides that the amount of levy imposed by the Act on the endorsement of a licence is such amount as is specified in the Regulations.

The South East Trawl Fishery Preliminary Management plan ("the Plan") provides that the fishing capacity of the South East Trawl 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 Plan provides for the allocation and renewal of allocation of units of fishing capacity in the South East Trawl Fishery, which is comprised of several areas, including the area known as the South West Sector Trawl Fishery to which Fisheries Notice No. SET2 applies.

The Fisheries Levy (South Western Sector Trawl Fishery) Regulations (Amendment) revise the amount of levy imposed on the endorsement of a licence under Fisheries Notice No. SET2 from $14.74 to $26.00 for each unit of fishing capacity assigned to a boat under the Plan.

One of the main species caught in the South West Sector Trawl Fishery is Orange Roughy. In accordance with the agreement between the fishing industry and the fishery managers the Levy will be used to fund research and surveillance.

The proposed increase in the levy is due to the cost of increased surveillance in the fishery due to the significant number of breaches of Fisheries Notices in the previous season. The Research component of the Levy is comparable to the previous season.

Details of the Regulations are set out below.

Regulation 1 provides that the Regulations commence on 1 June 1991.

Regulation 2 provides for amendment of the Fisheries Levy (South Western Sector Trawl Fishery) Regulations.

Regulation 3 amends the definition of "notice" to refer to Fisheries Notice No. SET2 published in the Gazette on 20 February 1991.

Regulation 4 increases the Levy payable under Regulation 4 from $14.74 to $26.00.

The Regulation took effect on 1 June 1991.


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