Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (EAST COAST DEEP WATER FISHERY) REGULATIONS 1993 NO. 120

STATUTORY RULES 1993 No. 120

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Regulations 1991

Fishing Levy (East Coast Deep Water 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 issue of any 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 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 fishing permit.

The Regulations specify the amount of levy imposed in respect of fishing permits allowing the taking of fish by the trawling method, within the area of the East Coast Deep Water Fishery. These fisheries are the East Coast Deep Water Finfish Fishery and the East Coast Deep Water Crustacean Fishery, both of which cover the same area. The Regulations apply to those permits issued prior to and after the commencement of the Regulations. The effect of the Regulations is to require the payment of levy in the amount of $3,150 in the case of a twelve month permit or $788 in the case of a three month permit:

•       by 30 June 1993, for fishing permits issued prior to the commencement of the Regulations; and

•       on the grant of a fishing permit, for fishing permits issued on or after the commencement of the Regulations.

Liability to pay levy on fishing concessions has previously been imposed by the Levy Act, which commenced before any of the fishing permits were issued. The Regulations only quantify this existing liability, by setting the amount of the levy and when the levy is due and payable.

The majority of the levy is calculated on the basis of recovering a proportion of the estimated costs of managing the East Coast Deep Water Fishery during the 1992-1993 financial year from the holders of fishing permits in the Fishery.

The remainder 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 fishing permits in the East Coast Deep Water Fishery who are active in either or both of the finfish and crustacea fisheries. This contribution by the fishing industry is calculated to be 0.25 per cent of the Gross Value of Product (GVP) of each fishery and is recovered from each of the fisheries in direct proportion to the percentage of total catch of fish taken in each fishery. As the amount of the GVP is not readily determinable in either fishery, a figure will be assigned by AFMA for GVP in each fishery.

The amount of levy specified by the Regulations is:

•       in addition to the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations, for fishing permits issued prior to the commencement of the Regulations; and

•       in substitution for the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations, for fishing permits issued after the commencement of the Regulations.

The Schedule to the Regulations specifies the area of the East Coast Deep Water Fishery.

The Regulations commence on gazettal.