Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (EAST COAST TUNA PURSE SEINE FISHERY REGULATIONS (AMENDMENT) 1993 NO. 354

STATUTORY RULES 1993 No. 354

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

Fisheries Levy Act 1984

Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations (Amendment)

Section 8 of the Fisheries Levy Act 1984 (the Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Act.

Paragraph 5(b) of the Act provides for the imposition of levy on an endorsement under subsection 9(4) of the Fisheries Act 1952 of a licence granted under subsections 9(2) or 9(3) of that Act.

Subsection 6(1) of the Act provides that the amount of levy imposed upon the endorsement of a fisheries licence is such an amount as provided in the regulations. The various categories of endorsement in the fishery are prescribed in paragraph 5 of Fisheries Notice TEC 7 and paragraph 5 of Fisheries Notice TEC 9. These endorsements allow specified fishing activities to be carried out in defined areas of the East Coast Tuna Purse Seine Fishery.

The Regulations apply to endorsements granted after the commencement of the proposed Regulations.

The levy recovers management, surveillance and research costs for the fishery directly attributable to those endorsement holders operating in the fishery.

The levy for all categories of endorsement includes the research levy administered by the Research and Development Corporation ($546). The research levy was not incorporated in the levy imposed in 1992/93 and accounts for the increases in levy for 1993/94.

The East Coast Tuna Management Advisory Committee agreed to adjust the payments for endorsements issued under paragraph 5(a) of Fisheries Notice TEC 9 in that these endorsements should be charged a greater amount of levy than endorsements issued under paragraph 5(b) of Fisheries Notice TEC 7. This change was recommended as it was recognised that endorsements issued under paragraph 5(a) of Fisheries Notice TEC 9 had greater access to waters in the fishery than those issued under paragraph 5(b) of Fisheries Notice TEC 7.

Increases in levy from 1992/93 have also been recommended by the East Coast Tuna Management Advisory Committee for endorsements issued under Fisheries Notice TEC 9 to bring these levies back in line with levies for endorsements issued under Fisheries Notice TEC 7. The 1992/93 levy for endorsements issued under Fisheries Notice TEC 9 was reduced by approximately 25 per cent in recognition of full levy being charged with respect to these endorsements in 1991/92, even though all operators were in the fishery for only part of the year.

Rates of levy for the endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 7 change as follows:

•       for endorsements of the kind referred to in paragraph 5(a), from $2500 to $2546

•       for endorsements of the kind referred to in paragraph 5(b), from $1600 to $1546.

Rates of levy for the endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 9 change as follows:

•       for endorsements of the kind referred to in paragraph 5(a), from $1500 to $1946.

•       for endorsements of the kind referred to in paragraph 5(b), from $825 to $1346.

•       for endorsements of the kind referred to in paragraph 5(c), from $825 to $1346.

The regulations also repeal references to endorsements of a class which no longer have any effect and provide a mechanism for calculating the maximum levy payable in respect of multiple endorsements.

The levy payable where multiple endorsements are held is the maximum payable on the highest rated endorsement and the levy payable in respect of each endorsement is that rate averaged over the number of endorsements held.

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

Regulation 1 provides for the amendment of the Regulations.

Regulation 2 provides for the levy payable on classes of endorsement.

Regulation 3 inserts new Regulation 5 which provides a mechanism for calculating the amount of levy per endorsement payable where there are multiple endorsements.