Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (REFUND) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 55

STATUTORY RULES 1999 No. 55

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Fisheries Management Act 1991

Fisheries Management (Refund) Amendment Regulations 1999 (No. 1)

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral to make regulations for the purpose of the Management Act. Paragraph 168(2)(b) of the Management Act provides that regulations may be made providing for the remission or refund of levy under, amongst other legislation, the Fishing Levy Act 1991 (the Levy Act) or of penalty payable under Part 7 of the Management Act in relation to such levy. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the Regulations.

"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit. "Fishing permit" is defined under the Management Act to mean a fishing permit granted under section 32 of the Management Act. Subsection 32(1) of the Management Act provides that the Australian Fisheries Management Authority (AFMA) may, upon application in the approved form, grant to a person a fishing permit authorising the use of a nominated Australian boat for fishing in a specified area of the Australian Fishing Zone or a specified fishery.

The Fisheries Management (Refund) Regulations (the principal Regulations) provide for refund of levy to a person who surrenders a fishing permit before the permit expires where that person has paid levy under the Fishing Levy Regulations in relation to the period of time or part of the period of time that the permit has left to run.

The principal Regulations have been amended to provide for the refund of overpaid levy in respect of fishing permits for the South East Trawl Fishery granted between 1 December 1996 and 30 November 1997 allowing the taking of orange roughy. Calculation of the levy rate for quota species in the SETF involves a complex formula. However, as a result of a mathematical error in calculating this formula, the amounts prescribed for orange roughy quota units were incorrect. The principal Regulations have been amended to set out the correct amounts that should have been levied, and provide a formula for determining the amount to be refunded. The amount to be refunded is the difference between the amount of levy that should have been paid and the amount of levy that was paid under the Fishing Levy (All Fisheries) Regulations, where that difference is a positive amount.

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

Regulation 1 provides that the name of the Regulations is the Fisheries Management (Refund) Amendment Regulations 1999 (No. 1).

Regulation 2 states that the Regulations commence on gazettal.

Regulation 3 provides that the amendments of the principal Regulations are detailed in Schedule 1.

Schedule 1 provides for the insertion of a new Regulation 4 which sets out the formula for calculating the amount of levy to be refunded in respect of levy paid by the holder of a South East Trawl Permit granted in the period beginning on 1 December 1996 and ending on 30 November 1997 allowing the taking of orange roughy.