Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT) 1991 NO. 371

STATUTORY RULES 1991 No. 371

Issued by the authority of the Minister of State for Resources

Fisheries Lees Act 1984

Fisheries Levy (Northern Prawn 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.

Paragraphs 5 (bc) and (bd) of the Act impose levy on the allocation and renewal of allocation, respectively, of units of fishing capacity, being units of fishing capacity prescribed for the purposes of those paragraphs.

Subsection 6 (1) of the Act provides, so far as is relevant, that the amount of levy imposed on the allocation, or renewal of allocation of a unit of fishing capacity, is the amount specified in the Regulations.

Subsection 3 (2) of the Act provides that a reference in the Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity for a fishery is divided.

The Northern Prawn Fishery Management Plan (the Plan) provides that the fishing capacity of the Northern Prawn Fishery shall be divided into units, which are defined as a measure of the engine power and hull size of boats in the fishery.

The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) ("the regulations") specify amounts of levy in respect of different classes of units which authorise fishing in the Northern Prawn Fishery during different specific periods.

Under the regulations, there will be two fishing periods being 14 December in a year to 13 July in the subsequent year, and 14 December 1991 to 1 December 1992.

The effect of the regulations will be to require the payment of the following amounts of levy in respect of an allocation or renewal of allocation of class A units:

•       as described in paragraphs 3(a) and 3(c) the Principal Regulations for the period 14 December in a year to 13 July in the subsequent year $26.80;

•       as described in paragraphs 3(b), 3(d) and 3(e) of the Principal Regulations for the period 13 December in a year to 14 July in the subsequent year $36.80;

•       as described in paragraph 3(f) of the Principal Regulations for the period 13 December 1991 to 1 December 1992 - $16.80.

The regulations commenced on 29 November 1991.