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FISHING LEVY (WESTERN DEEP WATER TRAWL FISHERY) REGULATIONS (AMENDMENT) 1995 NO. 369
EXPLANATORY STATEMENTSTATUTORY RULES 1995 No. 369
Issued by the authority of the Minister for Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment)
Fishing Levy (East Coast Tuna Fishery) Regulations (Amendment)
Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment)
Fishing Levy (North West Slope Trawl Fishery) Regulations (Amendment)
Fishing Levy (Northern Prawn Fishery) Regulations (Amendment)
Fishing Levy (South East Fishery) Regulations (Amendment)
Fishing Levy (Southern Shark Fishery) Regulations (Amendment)
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 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 and a statutory fishing right (SFR).
Each of the principal Regulations referred to below applies to a particular fishery, as named in the principal Regulations. All of these fisheries are managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth. In accordance with government policy, AFMA recovers from the holders of fishing concessions (operators) in each of those fisheries:
• the costs of management attributable to the operators' activities, such as surveillance costs and costs of running the management advisory committees (other costs, such as the costs of prosecutions are funded by the Commonwealth); and
• the fishing industry's contribution to the Fisheries Research and Development Corporation, to fund research in each fishery. This contribution is known as the research component and is recovered equally from each of the holders of fishing concessions in the fishery and is calculated to be up to 0.25 per cent of the Gross Value of Product (GVP) of the fishery.
AFMA recovers the management costs and the research component in the form of a levy paid to the Commonwealth under the Levy Act and the Management Act and paid on to AFMA under arrangements provided for in the Fisheries Administration Act 1991. The levy is quantified, and made due and payable, in each of the principal Regulations.
The purpose of each of the Regulations referred to below is to amend their respective principal Regulations to specify new amounts of levy payable on fishing concessions that relate to the 1995/96 financial year and where it is necessary, to specify a new date when those new amounts of levy are due and payable:
• The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) amends the Fishing Levy (Bass Strait Scallop Fishery) Regulations;
• The Fishing Levy (East Coast Tuna Fishery) Regulations (Amendment) amends the Fishing Levy (East Coast Tuna Fishery) Regulations;
• The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) amends the Fishing Levy (Great Australian Bight Trawl Fishery) Regulations;
• The Fishing Levy (North West Slope Trawl Fishery) Regulations (Amendment) amends the Fishing Levy (North West Slope Trawl Fishery) Regulations;
• The Fishing Levy (Northern Prawn Fishery) Regulations (Amendment) amends the Fishing Levy (Northern Prawn Fishery) Regulations;
• The Fishing Levy (South East Fishery) Regulations (Amendment) amends the Fishing Levy (South East Fishery) Regulations;
• The Fishing Levy (Southern Shark Fishery) Regulations (Amendment) amends the Fishing Levy (Southern Shark Fishery) Regulations; and
• The Fishing Levy (Western Deep Water Trawl Fishery) Regulations (Amendment) amends the Fishing Levy (Western Deep Water Trawl Fishery) Regulations;
to implement the new rates of levy and, where necessary, the new due and payable dates.
The budgets on which the new rates of levy for each fishery are based were prepared in consultation with either:
• the management advisory committee (MAC) established by AFMA for the fishery; or
• if no MAC has been established for the fishery (such as the Bass Strait Scallop Fishery), the consultative body that AFMA liaises with when consulting about management of the fishery.
These budgets have all been approved by AFMA's Board.
Details of the Regulations, including the rates of levy and when the levy is due and payable, are set out in the attachment.
All of the Regulations, other than the Fishing Levy (South East Fishery) Regulations (Amendment), commenced on gazettal. The Fishing Levy (South East Fishery) Regulations (Amendment) commenced on 1 December 1995.
ATTACHMENT
DETAILS OF THE REGULATIONS
[Note:
In this attachment:
"1993/1994" means the 1993/1994 financial year;
"1994/1995" means the 1994/1995 financial year; and
"1995/1996" means the 1995/1996 financial year.]
Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment)
The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) (the Regulations) increase the levy payable in the Bass Strait Scallop Fishery (the fishery) from $640 paid on a fishing permit in 1994/1995 to $1,100 payable on a fishing permit in 1995/1996, by 28 days after the fishing permit is granted. Fishing permits that may be granted to extend the fishing season in the fishery are exempted from the levy.
The levy is made up of management costs of $1,040 and a research component of $60.
The increase in the levy results from 2 major factors:
• Firstly, surpluses of levy over expenditure in previous years had resulted in an accumulation of unspent levy in the fishery. The accumulation has been applied as a subsidy to offset levies in the fishery over the past few years and is now close to being used up. To make the transition to fully unsubsidised levy payment more gradual, the subsidy is being reduced in stages, rather than being removed in a single step. This is reflected in part by the increase in the levy.
• Secondly, although the research component for 1995/1996 is the same as it was for 1994/95, the 1994/1995 research component was omitted from the calculation of levy for 1994/1995, resulting in a shortfall of levy to cover management costs for 1994/1995 when the research component was paid to the FRDC. This shortfall was taken account of in calculating the 1995/1996 levy.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the Fishing Levy (Bass Strait Scallop Fishery) Regulations (the principal Regulations).
Regulation 2 makes 2 changes to regulation 2 of the principal Regulations by
• amending the regulation to refine the definitions used in the principal Regulations, as part of an ongoing programme of legislative review by the Attorney-General's Department; and
• inserting a new subregulation 2(2) to specify the origin of the geographical coordinates used in Schedule 1 of the principal Regulations, which describes the area of the fishery.
Regulation 3 replaces regulation 3 of the principal Regulations to implement the new rate of levy of $1,100 and to specify the exemption for fishing permits that would extend the season in the fishery. The note to new regulation 3 explains that holders of fishing permits for the fishery would pay $60 per fishing permit from the levy as the fishery's contribution to the research component for 1995/1996.
Regulation 4 replaces regulation 4 of the principal Regulations to provide for when the new levy is due and payable.
Fishing Levy (East Coast Tuna Fishery) Regulations (Amendment)
The Fishing Levy (East Coast Tuna Fishery) Regulations (Amendment) (the Regulations) increase the levy payable in the East Coast Tuna Fishery (the fishery) from that paid on a fishing permit in 1994/1995 to the amounts shown in Table 1 at the end of this attachment. The levy payable in the 1995/1996 financial year are due and payable by 30 November 1995, or 21 days after the grant of the fishing permit, whichever is the latter.
The fishery is divided into sectors based on area and method of fishing. A fishing permit for the fishery allows an operator to fish in one or more sectors. Levy is payable in respect of the sectors that are included as a condition on the fishing permit.
The management costs of the fishery estimated for 1995/1996 are divided among sectors on the basis of the management input required in each sector. A comparative summary of the rates of levy payable for each of sectors in 1994/1995 and 1995/1996, including the research components for 1995/1996, is set out in Table 1 at the end of this attachment.
The general increase in the rates of levy for the fishery results from:
• increased surveillance costs in the PLL (sub-area 9) Sector (generally known by its historical area name, Area E);
• an increase in expenditure on the logbook program for the fishery, to ensure better compliance and so better data for future planning; and
• an increase in travel expenses, to allow for improved liaison between MMA and operators in the fishery.
The increase in the levy was in part offset by a substantial reduction in the portion of management costs that are used by AFMA (in consultation with ECTUNAMAC, the management advisory committee for the fishery) for research projects directly related to the fishery. These fishery research funds supplement research funding provided by FRDC from the research component.
The research component has fallen slightly since 1994/1995, reflecting a slightly lower value of production in the fishery.
The Fishing Levy (East Coast Tuna Fishery) Regulations (the principal Regulations) previously provided exemptions to cover:
• fishing allowed in more than one sector under a fishing permit - in this case, only the highest rate of levy applicable to the fishing permit is payable; and
• transitional arrangements relating to the expiry of the Fisheries Act 1952 and changes in levy collection arrangements in some sectors of the fishery, both of which took place during 1994/1995.
The Regulations alter the exemptions as follows:
• If the fishing permit allows fishing in Area E, the new levy for that sector is payable in addition to the highest of all of the other applicable rates of levy. This takes account of extra management costs (including the increased surveillance in Area E), arising from resource sharing between commercial interests and recreational and game fishing interests in Area E; and
• the transitional exemptions have been omitted from the principal Regulations, as the matters to which they relate are now complete and the exemptions are no longer required.
The levy calculated for some sectors would have been low and in practice those sectors are always included on fishing permits along with other sectors for which a higher levy is payable.
Therefore no levy has been prescribed for these low levy sectors, which are the PL Sector, the PLL (Sub-area 5) Sector and the PS (Sub-areas 8A and 8B) Sector.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 makes 2 changes to regulation 2 of the principal Regulations, by:
• amending the regulation to refine the definition of "tuna", to exclude Southern Bluefin Tuna and Northern Bluefin Tuna, species of tuna which are not part of the fishery. Those species are managed under the Southern Bluefin Tuna Fishery Management Plan 1995; and
• inserting a new subregulation 2(2) to specify the origin of the geographical coordinates used m the schedules of the principal Regulations, which describe the areas of the fishery.
Regulation 3 amends regulation 3(1) of the principal Regulations to implement the new rates of levy, to specify that those rates of levy apply to fishing permits granted in 1995/1996. The regulation also inserts a new subregulation 3(3) to provide for the payment of levy for Area E as an additional levy to any other levy paid. Existing regulation 3(2) provides for the payment of only the highest levy applicable to a fishing permit, The new note to regulation 3 explains that holders of fishing permits for the fishery would pay a particular amount per fishing permit from the levy as the fishery's contribution to the research component for 1995/1996. These amounts are specified in the new note to Schedule 1.
Regulation 4 amends subregulation 4(1) of the principal Regulations to provide for when the new levy is due and payable and amends subregulation 4(2) of the principal Regulations to alter the exemptions on levy as discussed above.
Regulation 5 replaces Schedule 1 of the principal Regulations and the note to that schedule to specify the new rates of levy and the new research components.
Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment)
The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (Amendment) (the Regulations) increase the levy payable in the Great Australian Bight Trawl Fishery (the fishery) from $7,000 paid on a statutory fishing right (SFR) in 1994/1995 to $8,950 payable on a SFR in 1995/1996, by 1 January 1996.
The levy is made up of management costs of $8,122 and a research component of $828.
The increase in the levy results from:
• the need to fund an undercollection of levy in 1994/1995 - this resulted from a lesser collection of levy than that required to fund both the management costs of the fishery and the research component (see below) for 1994/1995. and
• the formal recognition of the research component for the first time - in previous years, the research component had not been included in the calculation of levies for the fishery. The research component is comparable to research components for previous years.
The management costs in the fishery projected for 1995/1996 are similar to those that were estimated for 1994/1995.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (the principal Regulations).
Regulation 2 amends regulation 3 of the principal Regulations to implement the new rate of levy of $7,000. The new note inserted at the end of regulation 3 explains that holders of SFRs for the fishery would pay $828 per SFR from the levy as the fishery's contribution to the research component for 1995/1996.
Fishing Levy (North West Slope Trawl Fishery) Regulations (Amendment)
The Fishing Levy (North West Slope Trawl Fishery) Regulations (Amendment) (the Regulations) reduce the levy payable in the North West Slope Trawl Fishery (the fishery) from $1,985 paid on a fishing permit in 1994/1995 to $1,902 payable in 1995/1996. The levy payable in the 1995/1996 financial year is due and payable by 15 January 1996 (if the fishing permit was granted before the Regulations commence, as all current fishing permits in the fishery have been), or on the grant of the fishing permit (if the fishing permit is granted on or after the commencement of the Regulations).
The levy is made up of management costs of $1,478 and a research component of $424.
There is no significant change in the levy for the fishery from 1994/1995 to 1995/1996. The slight reduction in levy results from a minor saving in salaries paid to management staff, mostly offset by minor increases in other management costs and the research component, which was not recovered from the fishery in previous years.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the Fishing Levy (North West Slope Trawl Fishery) Regulations (the principal Regulations).
Regulation 2 inserts a new subregulation 2 (2) to specify the origin of the geographical coordinates used in Schedule 1 of the principal Regulations, which describes the area of the fishery.
Regulation 3 replaces regulation 3 of the principal Regulations to implement the new rate of levy of $1,902. The note to new regulation 3 explains that holders of fishing permits for the fishery would pay $424 per fishing permit from the levy as the fishery's contribution to the research component for 1995/1996.
Regulation 4 amends regulation 4 of the principal Regulations to implement the new dates on which the levy is due and payable.
Fishing Levy (Northern Prawn Fishery) Regulations (Amendment)
The Fishing Levy (Northern Prawn Fishery) Regulations (Amendment) (the Regulations) adjust the levy payable in the Northern Prawn Fishery (the fishery) from $54.00 payable on a SFR in 1995/1996 to $51.95 payable in 1995/1996 on a SFR by 13 December 1995.
Levy for the fishery is collected in 2 separate amounts during each financial year. These amounts are not treated as instalments.
• The first amount, collected on 13 July each year, contributes the next 6-monthly payment on a loan taken out by the Commonwealth and funded by the fishery, to pay for a recent voluntary adjustment scheme under which units of fishing capacity in the fishery were surrendered to the Commonwealth at an agreed value. This payment is known as the VAS component.
• The second amount, collected on 13 December each year, is made up of the next VAS component, the research component for the financial year and the management costs for the financial year.
The Fishing Levy (Northern Prawn Fishery) Regulations (the principal Regulations) were drawn to recover both amounts of levy, following a change in the legislation under which the fishery is managed. When the principal Regulations were settled in June 1995, the best estimate of the amount of levy payable in December 1995 was $54.00. Following refinements of the 3 contributors to the December levy, it became necessary to revise the amount of levy payable to avoid overcharging on the levy.
In comparing levy from year to year, each levy amount should be compared with the similar payment in the previous year. In 1993/1994, the levy amount was payable under the Fisheries Levy (Northern Prawn Fishery) Regulations. The amount of levy was $52.45 at that time. The new levy of $51.95 per SFR reflects a slight decrease in the management costs for the fishery (amounting to $12.31), due to economies in management of the fishery. The research component (of $5.38) has increased due to increased catch in the fishery. The VAS component (of $34.26), last collected in July 1995, has also decreased slightly.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the Fishing Levy (Northern Prawn Fishery) Regulations (the principal Regulations).
Regulation 2 amends regulation 3 of the principal Regulations to implement the new rate of levy. The note to regulation 2 amends the note to regulation 3 of the principal Regulations, to specify the revised research component.
Fishing Levy (South East Fishery) Regulations (Amendment)
The Fishing Levy (South East Fishery) Regulations (Amendment) (the Regulations) vary the levy payable in the South East Fishery (the fishery) from that paid on a fishing permit in 1994/1995 to the amounts payable on a fishing permit in 1995/1996 and shown in Table 2 at the end of this attachment.
The fishery is managed by means of quota units, each of which allows the holder of the units to take a particular quantity (by weight) of one of the 16 species of fish (quota species) that are subject to quota restrictions in the fishery. The Australian Fisheries Management Authority (AFMA) sets the weight of fish that can be taken under a quota unit.
The levy payable in 1995/1996 is calculated by reference to the units of quota shown as a condition on a fishing permit. If the fishing permit is granted before 12 April 1996, the levy is due and payable in 2 instalments as follows:
• the first instalment, of one-third of the total amount of levy payable, is due and payable within 28 days after the fishing permit is granted. and
• the remainder of the levy is due and payable as the second instalment by 10 May 1995.
If the fishing permit is granted on or after 12 April 1996, all of the levy will be due and payable within 28 days after the fishing permit is granted, so as to ensure, as far as possible, payment of the levy in the financial year to which the levy relates.
The costs of the fishery recovered as levy are apportioned among the 16 quota species. The levy payable for a particular species of fish is apportioned by AFMA on the basis of the value of catch of that species in 1994/1995, compared to the total value of catch of all 16 quota species that financial year. This levy is then divided by the total number of units of quota allocated for that species in the 1996 calendar year, to give a rate of levy per unit payable in 1995/1996. A comparative summary of the rates of levy payable on each of the 16 quota species in 1994/1995 and 1995/1996, including the research components for 1995/1996, is set out in Table 2.
The estimated management costs for the fishery, at $1,684,039 have increased slightly from $1,662,744 in 1994/1995. Although the anticipated management costs in the fishery have remained relatively constant since 1993/1994, the slight increase is due to differing levels of carryovers of unspent levy from previous financial years. The research component, of $134,710 for 1995/1996, has fallen from $164,648 paid in 1994/1995, due to a fall in gross value of catch from the fishery.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations commence on 1 December 1995.
Regulation 2 provides that the Regulations amend the Fishing Levy (South East Fishery) Regulations (the principal Regulations).
Regulation 3 inserts a new subregulation 2(2) to specify the origin of the geographical coordinates used in Schedule 3 of the principal Regulations, which describes the areas of the fishery.
Regulation 4 inserts a note after the end of regulation 3 of the principal Regulations, to explain that holders of fishing permits for the fishery would pay a particular amount per fishing permit from the levy as the fishery's contribution to the research component. These amounts are specified in the new note to Schedule 2.
Regulation 5 replaces regulation 4 of the principal Regulations to provide for when the new levy is due and payable.
Regulation 6 amends schedule 1 of the principal Regulations to expand the species of flathead that are subject to the quota system, in accordance with policies recently adopted by AFMA.
Regulation 7 replaces Schedule 2 of the principal Regulations and the note to that schedule to specify the new rates of levy and the new research components.
Fishing Levy (Southern Shark Fishery) Regulations (Amendment)
The Fishing Levy (Southern Shark Fishery) Regulations (Amendment) (the Regulations) vary the amounts of levy payable in the Southern Shark Fishery (the fishery) paid on a fishing permit in 1994/1995 to the amounts indicated below.
The fishery is divided into 2 sectors on the basis of fishing methods permitted to be used in the fishery. The sectors are the Gillnet Sector, in which the quantity of net that can be used is regulated by a system of net units, and the Hook Sector. The Hook Sector is further divided into 2 levels of permission, on the basis of the history of fishing in the fishery. The 2 levels are fishing using up to 1,000 hooks and fishing using up to 2,000 hooks.
The levy payable in 1995/1996 is payable by reference to the sectors and levels of permission included as a permit condition on a fishing permit for the fishery. This levy is payable on fishing permits that are granted in the period 11 June 1995 to 7 June 1996 inclusive (to allow for fishing permits to commence as early as the first day of the new financial year) and is due and payable on 29 March 1996 or within 28 days of the grant of the fishing permit, whichever is the later.
Levy payable for a sector in 1995/1996 is apportioned by AFMA on the basis of the catch of that sector over the 2 previous calendar years, compared to the total catch of both sectors in the fishery over that period.
The levy has increased from $700 to $765 per net unit for the Gillnet Sector and has decreased from $1,370 to $1,160 for the use of up to 1,000 hooks and from $2,740 to $2,320 for the use of up to 2,000 hooks in the Hook Sector.
The new levy for:
• the Hook Sector is made up of management costs of $1,092 per thousand hooks and the research component of $68 per thousand hooks; and
• the Gillnet Sector is made up of management costs of $720 per net unit and the research component of $45 per net unit.
The total management costs for the fishery have risen as the cost of the logbook program for the fishery is now to be funded as a management cost, rather than being a cost fully funded through various research funds (other than those administered by the FRDC), as it was in previous years.
These management costs are apportioned between the Hook Sector and the Gillnet Sector on the basis of the relative catch taken from each sector. The catch for the Hook Sector compared to the Gillnet sector has fallen since the last measurement period of 2 calendar years' duration. This has resulted in a greater proportion of the management costs of the fishery being attributed to the Gillnet Sector, and so contributed to the increase in the levy payable for the Gillnet Sector while resulting in a fall in the levy payable in the Hook Sector.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the Fishing Levy (Southern Shark Fishery) Regulations (the principal Regulations).
Regulation 2 adds a new subregulation 2(2) to the principal Regulations, to specify the origin of the geographical coordinates used in regulation 2 of the principal Regulations when describing the area of the fishery.
Regulation 3 amends regulation 3 of the principal Regulations to implement the new rates of levy. The note to regulation 3 adds a new note to the end of regulation 3 of the principal Regulations, to specify the revised research components for 1995/1996.
Regulation 4 replaces regulation 4 of the principal Regulations to provide for when the new levy is due and payable.
Fishing Levy (Western Deep Water Trawl Fishery) Regulations (Amendment)
The Fishing Levy (Western Deep Water Trawl Fishery) Regulations (Amendment) (the Regulations) reduce the levy payable in the Western Deep Water Trawl Fishery (the fishery) from $3,056 paid on a fishing permit in 1994/1995 to $2,205.50 payable on a fishing permit granted during 1995/1996 by 15 January 1996.
The levy is payable on fishing permits granted for 12 months and also on longer term fishing permits granted for up to 5 years. The levy specified in the Regulations relates only to 1995/1996. The Regulations have been drafted to allow for a separate rate of levy to be payable on the longer term fishing permits in subsequent financial years.
The levy comprises only management costs. Unlike most other fisheries managed by there is currently no research component as the fishery is in a developmental stage and production in the fishery is presently low.
The fall in the levy reflects minor savings in the estimated management costs for the fishery in 1995/1996 compared to 1994/1995, distributed over a small number of operators. The minor savings were in staff time devoted to the fishery.
Details of the Regulations are set out below:
Regulation 1 provides that the Regulations amend the Fishing Levy (Western Deep Water Trawl Fishery) Regulations (the principal Regulations).
Regulation 2 makes 2 changes to regulation 2 of the principal Regulations by
• amending the regulation to refine the definitions used in the principal Regulations, as part of an ongoing programme of legislative review by the Attorney-General's Department; and
• inserting a new subregulation 2(2) to specify the origin of the geographical coordinates used in Schedule 1 of the principal Regulations, which describes the area of the fishery.
Regulation 3 replaces regulation 3 of the principal Regulations to implement the new rate of levy of $2,205.50 for 1995/1996.
Regulation 4 replaces regulation 4 of the principal Regulations to provide for when the new levy is due and payable.
Regulation 5 replaces the heading to the Schedule to the principal Regulations, as a consequence of the refinements to the definitions in the principal Regulations.
