Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES (SOUTH EAST TRAWL FISHERY LEVY REFUND) REGULATIONS 1992 NO.14

STATUTORY RULES 1992 No. 14

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

FISHERIES ACT 1952

FISHERIES (SOUTH EAST TRAWL FISHERY LEVY REFUND) REGULATIONS

Paragraph 17(1)(aa) of the Fisheries Act 1952 provides that the Governor-General may make regulations providing for the remission or refund of levy under the Foreign Fishing Boats Levy Act 1981 or the Fisheries levy Act 1984, or fees under the Act in specified circumstances.

Fisheries Levy (South East Trawl Fishery) Regulations, Statutory Rule 1990 No 81, imposed a levy of $90.60 per unit on the initial allocation of units of capacity which occurred in that fishery between 30 April 1990 and 31 May 1991. The same regulations prescribed a levy of $30.14 per unit on the renewal of the allocation of a unit. Fisheries Levy (South East Trawl Fishery) Regulation, Statutory Rule 1991. No. 114, reduced the levy of $90.60 to $57.14.

The aim of the $90.60 levy was to discourage late applications for entry to the fishery however the only entrants to the fishery who paid levy at the rate of $90.60 were applicants granted access as a result of decisions by the Administrative Appeals Tribunal or by internal review.

It is now considered that payment of levy at the rate of $90.60 by this group of applicants was inequitable and the Regulations provides for a refund to this group of $33.46 per unit.

Details of the Regulations are:

Regulation 1 This provides for the citation of the Regulations.

Regulation 2 This defines "prescribed unit of fishing capacity".

Regulation 3 This provides for a refund of $33.46 per unit for each unit on which levy at the rate of $90.60 was paid between the relevant dates.

The Regulation took effect on Gazettal.