Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (GREAT AUSTRALIAN BIGHT TRAWL FISHERY) REGULATIONS 1993 NO. 205

STATUTORY RULES 1993 No. 205

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Great Australian Bight Trawl 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.

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 statutory fishing right.

The Regulations specify the amount of levy imposed in respect of statutory fishing right, granted under the Great Australian Bight Trawl Fishery Management Plan, The Regulations apply to statutory fishing rights granted after the commencement of the Regulations,

The effect of the Regulations is to require the payment of levy in the amount of $10,580 per statutory fishing right in the year that the fishing right is granted and further amounts of $10,580 for each subsequent year that the statutory fishing right is in force.

Under the Regulations:

•       the first amount of levy is due and payable on the grant of the statutory fishing right; and

•       the subsequent amounts of levy will be due and payable on each 1 January following the grant of the statutory fishing right.

The majority of the first amount of the levy is calculated on the basis of recovering a proportion of the costs of managing the Great Australian Bight Trawl Fishery (the fishery) during the 1992/93 financial year from the holders of statutory fishing rights in the fishery. It is anticipated that 10 statutory fishing rights will be granted in the fishery this year.

The remainder of the first amount of the levy is calculated on the basis of recovering the fishing industry's contribution to the Fisheries Research and Development Corporation, from the holders of statutory fishing rights in the fishery. This contribution by the fishing industry is calculated to be 0.25 per cent of the Gross Value of Product of the fishery and is recovered equally from each holder of a statutory fishing right in the fishery.

The subsequent amounts of levy are estimates of the management and research costs in subsequent financial years. It is intended that these amounts will be refined in due course.

It is intended that the amount of levy specified in respect of a statutory fishing right by the proposed Regulations would be in substitution for the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations. This intention will be implemented by amendments to the Fishing Levy Regulations.

The Regulations commenced on gazettal.