Commonwealth Numbered Regulations - Explanatory Statements

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

FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT) 1993 NO. 193

STATUTORY RULES 1993 No. 193

Issued by the authority of the Minister for Resources

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 the fishing capacity for a fishery is divided under a plan of management for a fishery.

The Northern Prawn Fishery Management Plan (the Plan) provides that the fishing capacity of the Northern Prawn Fishery shall be divided into units. The categories of units are:

•       Active Class A units - A Class A unit is an Active Class A unit if it is assigned under the Plan to a boat. The "applicable number of Class A units" for each boat is determined by a formula which measures hull size and main engine power.

•       Suspense units - This is a category of Class A units which are not assigned to a boat. When the unit system was introduced in the Northern Prawn Fishery in 1984, a total of at least 375 Class A units was allocated to each boat in the fishery at that time, but where the applicable number of Active Class A units required to be assigned to a boat under the hull size and engine power formula was less than 375, the balance took on the status of Suspense units. This allowed unit holders the flexibility to upgrade their boat at a later time if they wished.

•       Surplus units - A Class A unit is a Surplus unit if it is not a Suspense unit and is not currently assigned to a boat. When Suspense units are transferred to another unit holder separate to (ie not as part of a total package including a B unit and all assigned A units) the units take on the status of Surplus units after transfer.

•       Class B units - Each unit in this category is designated with a serial number and recorded in a register kept in accordance with the Plan in the name of a unit holder.

The effect of the Plan and notices made under the Fisheries Act 1952 is that a boat cannot operate in the fishery unless the applicable number of Active Class A units are assigned to the boat, together with a Class B unit.

Levy is payable on Active Class A units and Surplus units; Suspense units and Class B units are exempt from levy.

The Fisheries Levy (Northern Prawn Fishery) Regulations (the principal Regulations) specify amounts of levy in respect of units which authorise fishing in the Northern Prawn Fishery during a period covering one of the two fishing seasons in the Northern Prawn Fishery. Under the principal Regulations, the period is 14 December in any year to the end of 13 July in the subsequent year. This period covers the first fishing season in the calender year. The Regulations after this period to 14 July in each year to the end of 13 December in the same year. This period covers the second fishing season in the calender year.

The effect of the Regulations is to amend the principal Regulations so as to:

•       remove previous references to Class C units, all of which have been surrendered under the Management Plan;

•       remove the previous distinction between sub-categories of Active Class A units for the purposes of setting levy. This distinction used a threshold number of 375 Active Class A units being required to be assigned to a boat. The effect of the distinction was that unit holders operating a boat to which more than 375 Active Class A units are assigned, pay a greater amount of levy than unit holders operating a boat to which less than, or exactly, 375 Active Class A units are assigned; and

•       require the payment of levy in the sum of $23.50 per unit, in respect of an allocation or renewal of allocation of Active Class A units and Surplus units for the period 14 July in each year to the end of 13 December in the same year.

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

Regulation 1 provides for the amendment of the principal Regulations.

Regulation 2 amends Regulation 2 of the principal Regulations by omitting definitions relating to categories of units and inserting new definitions.

Regulation 3 amends Regulation 3 of the principal Regulations to set out the relevant categories of units in respect of which the liability to pay levy under the Act is specified..

Regulation 4 specifies the amount of levy payable in respect of each such unit.