Commonwealth Numbered Regulations - Explanatory Statements

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

FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT) 1992 NO.220

STATUTORY RULES 1992 No. 220

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

Fisheries Levy 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 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 Fisheries Levy (Northern Prawn Fishery) Regulations (the Principal Regulations), there are two fishing periods being 14 December in a year to 13 July in the subsequent year, and 14 July in a year to 13 December in the same year. The amendment set the levy for the second period.

The effect of the amendment was to require the payment of the following amounts of levy in respect of an allocation or renewal of allocation;

•       of units described in paragraphs 3(a) and 3(c) of the Principal Regulations for the period 14 July in a year to 13 December in the same year - $5.00;

•       of units described in paragraphs 3(b), 3(d) and 3(e) of the Principal Regulations for the period 14 July in a year to 13 December in the same - $10.00;

Subregulation 3(f) was repealed as it was a one off payment by operators who accepted a buy back offer.

The regulations commenced on Gazettal.