Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (KIMBERLEY COAST PRAWN TRAWL FISHERY) REGULATIONS (AMENDMENT) 1994 NO. 428

STATUTORY RULES 1994 No. 428

Issued by the Authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations (Amendment)

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 GovernorGeneral 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 as a consequence of 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 Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Kimberley Coast Prawn Trawl Fishery (the fishery) and when that levy is due and payable. The current effect of the principal Regulations is to require the payment of levy in the amount of $9,000 for a fishing permit granted for the fishery.

The proposed Regulations would amend the principal Regulations to decrease the amount of levy from $9,000 to $134, for fishing permits granted during the period from 1 July 1994 to 30 June 1995 inclusive and to revise the prescription of when the levy is due and payable.

The new amount of levy is calculated on the basis of recovering from holders of fishing permits in the fishery, their contribution of the Fisheries Research and Development Corporation. This contribution is recovered equally from each of the holders of fishing permits in the fishery and is calculated to be 0.25 per cent of the Gross Value of Product of the fishery.

Unlike previous years, the new amount of levy does not recover any of the costs of managing the fishery during the 1994/95 fiscal year. As there are only 5 operators in the fishery and no major management initiatives are planned during the 1994/1995 fiscal year, the fishery has a relatively small budget. The fishery budget for the 1993/1994 fiscal year included provision for travel and a contribution towards the, salary of management personnel. As a result of increased efficiencies in the management of the fishery, the travel became unnecessary and the management position was discontinued. This resulted in substantial savings being made in management costs during the 1993/1994 fiscal year. The funds saved in the 1993/1994 fiscal year were sufficient to cover the anticipated management costs for the 1994/1995 fiscal year. Therefore it is unnecessary to recover any management costs in the 1994/1995 fiscal year.

As management costs usually make up the majority of the levy charged in relation to fishing permits granted for the fishery, the new amount of levy is substantially lower than the current amount of levy.

The new amount of levy will be due and payable either:

•       one month after the proposed Regulations would commence (planned to be on 23 December 1994) for fishing permits granted before the proposed Regulations commence; or

•        28 days after the fishing permit is granted, for fishing permits granted after the proposed Regulations commence.

These due and payable dates are calculated to allow adequate time for the levy to b e paid. If the levy is not paid by these dates, then the Management Act provides for penalty payments under section 112 and for the suspension or cancellation of the fishing permit under sections 3 8 and 39 respectively.

The Attorney-General's Department has provided oral advice that the application of the proposed Regulation to cover fishing permits that are issued on or after 1 July 1994 is not rendered ineffective by subsection 48 (2) of the Acts Interpretation Act 1901, because the liability to pay levy was imposed at the time of the grant of each fishing permit under the Levy Act and the principal Regulations did not at that time prescribe a rate of levy. The proposed Regulation merely sets the quantum of the liability to pay levy in circumstances where the quantum was not previously specified. All applicants for fishing permits were advised at the time that they applied for their fishing permits that levy would become payable during the currency of their fishing permits and the approximate amount of the levy.

A similar approach was used during 1993 in relation to the principal Regulations and, among others, each of the Fishing Levy (Northern Shark Fishery) Regulations, the Fishing Levy (Northern Fish Trawl Fishery) Regulations, the Fishing Levy (Western Deep Water Trawl Fishery) Regulations and in 1994 for amendments to many of those Regulations and also for the Fishing Levy (Southern Shark Fishery) Regulations (Amendment).

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

Regulation 1 provides that the Regulations amend the principal Regulations.

Regulation 2 amends regulation 3 of the principal Regulations to implement the new rate of levy for fishing permits granted the period from 1 July 1994 to 30 June 1994 inclusive.

Regulation 3 amends regulation 4 of the principal Regulations to set the dates on which the new rate of levy is due and payable.