Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FISHING LEVY (WESTERN DEEP WATER TRAWL FISHERY) REGULATIONS (AMENDMENT) 1994 NO. 429

STATUTORY RULES 1994 No. 429

Issued by the Authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Western Deep Water 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 (Western Deep Water Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Western Deep Water 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 $1,384 for a fishing permit granted during the period 1 July 1993 to 30 June 1994 inclusive.

The proposed Regulations would amend the principal Regulations to increase the amount of levy from $1,384 to $3,056 for fishing permits granted during the period 1 July 1994 to 30 June 1995 inclusive and to revise the prescription of when the levy is due and payable.

The majority of the new amount of levy ($2922) is calculated on the basis of recovering from the holders of fishing permits in the fishery, 100 per cent of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, in accordance with current Government policy.

In the 1993/1994 fiscal year, the major management initiative for the fishery related to the preparation of a draft plan of management for the fishery. Most of the costs relating to this initiative will not be recovered from the operators in the fishery, as current Government policy is that the Government will fund the development of plans of management.

The continuing process of finalising the plan of management is anticipated to contribute only a small component to the total management costs for the fishery during the 1994/1995 fiscal year. The majority of these management costs are anticipated to be recoverable from the operators m the fishery, and relate to other projects which were delayed while the draft plan of management was prepared.

The remainder of the new amount of levy ($134) 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.

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 be 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 and the Fishing Levy (Kimberley Coast Prawn Trawl Fishery) Regulations and in 1994 for amendments to most 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.