Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY REGULATION 2012 (SLI NO 272 OF 2012)

EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 272

Issued by the Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Regulation 2012

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 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the regulations. Section 5 of the Levy Act imposes a levy in respect of a fishing concession.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General 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 the regulations.

'Fishing concession' is defined, under the Levy Act and the Management Act, to mean a fishing permit or a statutory fishing right (SFR). A SFR is defined under the Management Act to mean, among other things, a right to take a particular quantity of fish, or a right to a particular proportion of the fishing capacity that is permitted by or under a plan of management for a fishery.

The Fishing Levy Regulation 2012 (the Regulation) repeals the Fishing Levy Regulations 2011 and replaces them with updated provisions. Each year a new levy regulation is made in accordance with the financial year budget cycle. The Regulation sets the amounts of levy payable on fishing concessions and the timeframes for when those amounts of levy are due and payable for the 2012-13 financial year. The Regulation sets the levy amounts for the 15 fisheries that are described in regulation 4B of the Fisheries Management Regulations 1992 and in fishery management plans that have been determined in accordance with section 17 of the Management Act.

In accordance with government policy and existing legislation, the Australian Fisheries Management Authority (AFMA) recovers from the holders of fishing concessions the costs of management activities attributable to the concession activities, such as the costs of developing and implementing management arrangements, data collection and costs of running the management advisory committees (MACs).

AFMA recovers the budgeted management costs and a research component from industry on behalf of the Fisheries Research Development Corporation (FRDC).

The total AFMA cost recovered budget for the 2012-13 financial year is $14.389 million, which includes amounts that are recovered through fees for service and levies for the Torres Strait Prawn Fishery, as well as amounts to be collected from industry through this Regulation. This is an increase of 2.97 per cent or $0.415 million on the 2011-12 cost recovered budget, which was $13.974 million. The amount to be collected from industry through the Regulation for the 2012-13 financial year is $13.881 million, which excludes amounts that are recovered through fees for service and levies for Torres Strait Prawn Fishery. This amount is an increase of 1.74 per cent or $0.238 million on the 2011-12 budget, which was $13.643 million.

The amount of levy to be collected from industry has increased slightly due to increases in management costs across AFMA. There has also been a rise in supplier expenditure forecast over the period due to increases in the Consumer Price Index.

Although the overall amount to be collected from the Commonwealth fishing industry has increased, the amount to be recovered from each fishery varies due to factors including:

-          changes in management and research priorities for each fishery;

-          adjustments for prior year over/under collections;

-          changes in priorities through the financial year that alter the amount of resources required to administer the fishery; and

-          in the case of the Southern and Eastern Scalefish and Shark Fishery, changes to the formula used to apportion the levy to concession holders.

AFMA remains focussed on providing efficient and cost effective fisheries management to counter rising costs and is working closely with the Commonwealth Fisheries Association to identify opportunities for future efficiencies.

Details of the Regulation, including rates of levy and when the levy is due and payable, are set out in Attachment A.

Consultation with fishery stakeholders

The budgets on which the rates of levy for each fishery are based were prepared with advice from MACs established under section 54 of the Fisheries Administration Act 1991 to facilitate industry and other fishery stakeholder input into the performance of the AFMA's powers and functions.

The cost recovered budget for each fishery has been prepared in consultation with either the relevant fishery MACs or the relevant consultative body for the fishery. Each stage of the budget preparation process has proceeded in consultation with the peak industry body, the Commonwealth Fisheries Association.

For 2012-13 there has been a change to the levy formula used to distribute the levy in the Southern and Eastern Scalefish and Shark Fishery (SESSF). This is to better attribute recoverable costs to those who are generating the costs.

While the overall SESSF levy base has only changed slightly from 2011-12 to 2012-13, there can be large changes for individual fishing concession holders. It is anticipated that there will be increased use of 'arrangement to pay' facilities by affected concession holders where their levies have increased.

AFMA is required to recover the costs of fishery management from the fishing industry. Cost recovery is in accordance with the 2010 Cost Recovery Impact Statement (CRIS 2010), which was approved by the Minister for Agriculture, Fisheries and Forestry on 30 September 2010. Cost recovery occurs through annual levy regulations. The CRIS 2010 is available at www.afma.gov.au.

The Office of Best Practice Regulation was consulted in the preparation of the Regulation (ID: 14421).

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

ATTACHMENT A

Details of the Fishing Levy Regulation 2012

Part 1 Preliminary

Section 1.1 - Name of Regulation

This section provides for the Regulation to be cited as the Fishing Levy Regulation 2012 (the Regulation).

Section 1.2 - Commencement

This section provides that the Regulation commenced on the day after it was registered.

Section 1.3 - Repeal

This section repeals the Fishing Levy Regulations 2011.

Section 1.4 - Interpretation

This section defines terms used in the Regulation.

Section 1.5 - References to fisheries

This section provides that, where the Regulation use the name of a fishery corresponding to one described in the Management Regulations or in a plan of management, the reference is to the fishery described by those Management Regulations or that plan of management. This ensures that levy provisions in the Regulation apply to areas consistent with those covered by other management arrangements.

Part 2 Bass Strait Central Zone Scallop Fishery

Section 2.1 - Definitions - leviable BSCZSF COMMERCIAL SFR

This section defines a term used in the Part.

Section 2.2 - Amount of levy

This section sets the levy payable for a Bass Strait Central Zone Scallop Fishery (BSCZSF) commercial scallop quota statutory fishing right (SFR) in force on or after the commencement of the Regulation or at any time before 30 June 2013.

The levy amount is $0.6451. The levy includes a Fisheries Research and Development Corporation (FRDC) component of $0.0152 per SFR.

Table 1: Comparison of the BSCZSF levy base between 2011-12 and 2012-13

There has been a 40.3per cent ($188 988) decrease in the levy amount payable for 2012-13 ($279 992) compared to the levy amount payable for 2011-12 ($468 980). This reduction is due to reduced budgets for staff time ($29 063), Management Advisory Committee costs ($13 793), data management costs ($6 727) observer costs ($13 131) research projects ($37 277) and research administration ($5 347). These reduced costs reflect an anticipated lower level of fishing and associated management costs in 2012-13.

To calculate the levy payable for each commercial scallop quota SFR the research component ($6 746) is added to the total management levy to be collected ($279 992) and then divided by the number of commercial scallop quota SFRs in the fishery (444 500).

Section 2.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 3 Coral Sea Fishery

Section 3.1 - Definitions - leviable CSF fishing permit

This section defines terms used in the Part.

Section 3.2 - Amount of levy

This section sets the levy payable for a Coral Sea Fishery (CSF) fishing permit in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy is made up of two components: a base amount (Tier 1) levy plus an additional amount (Tier 2) for each sector of the fishery to which the permit provides access. The Tier 1 levy covers general management costs incurred equally across each sector including salaries, travel, logbook processing, data management, licensing and compliance costs. Tier 2 levies reflect observer costs associated with each sector of the fishery.

The Tier 1 levy is $3 085.08 for each permit and includes a FRDC component of $62.08 (16 permits).

The Tier 2 amounts per permit are:

*         Hand collection - $1 380.00; (6 permits); and

*         Line, Trap and Trawl - $3 312.00 (10 permits).

Table 2: Comparison of the CSF levy base between 2011-12 and 2012-13.

There has been a 60.8 per cent ($190 927) decrease in the levy amount payable for 2012-13 ($89 768) compared to the levy amount payable for 2011-12 ($280 685).

There were across the board cost reductions for 2012-13 reflecting reduced effort in the fishery and reduced need for more management in the fishery. Reductions include a decrease in staff costs of $92 269, Data Management costs of $10 150 and Licensing and Quota Management costs of $5 007. In addition, an underspend of $67 435 was credited to the fishery.

To calculate the levy payable for each permit the research component ($993.33) is added to the total management levy to be collected ($89 768) and then divided by the amount of permits (16) and sectors in the fishery (4).

Section 3.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 4 Eastern Skipjack Fishery

Section 4.1 Definitions - leviable ESF fishing permit

This section defines terms used in the Part.

Section 4.2 - Amount of levy

This section sets out the levy payable for an Eastern Skipjack Fishery fishing permit in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $2 059.31 per permit; there is no research component.

Table 3: Comparison of the Skipjack Fisheries levy base between 2011-12 and 2012-13.

There has been a 3 per cent ($2 013) decrease in the levy payable for 2012-13 ($65 898) compared to the levy payable for 2011-12 ($67 911). There has been little fishing activity in either the Eastern or Western Skipjack Fishery in recent years and management costs are mainly associated with Licensing functions and implementing obligations from the Western and Central Pacific Fisheries Commission and the Indian Ocean Tuna Commission. After taking into account the acquittal from 2011-12, the amount to be collected for 2012-13 is $65 898 (there is no research component).

The Eastern Skipjack Fishery is managed under a single budget for both the Eastern and Western Skipjack Fisheries. The method used to calculate the levies combines both Eastern and Western Skipjack Fishery permits and then divides the total levy base by the total number of permits. There are currently 18 permits in the Eastern Fishery and 12 permits in the Western Fishery. Therefore, to determine the individual levies the levy base of $65 898 was divided by 32 permits to determine the individual levies.

Section 4.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 5 Eastern Tuna and Billfish Fishery

Section 5.1 - Definitions - leviable ETBF SFR

This section defines terms used in the Part.

Section 5.2 - Amount of levy

This section sets the levy payable for the Eastern Tuna and Billfish Fishery (ETBF)  quota SFR and boat SFR in force on or after the commencement of this regulation or at any time before 30 June 2013, as:

 Table 4: Comparison of the ETBF levy base between 2011-12 and 2012-13

There has been a 23.8 per cent ($433 228) decrease in the levy amount payable for 2012-13 ($1 386 804) compared to the levy amount payable for 2011-12 ($1 820 032). The decrease reflects substantial under spends in observers and considerable under spends across most other budget line items. The under spends resulted in a substantial over recovery of levies in the 2011-12 financial year. This is reflected in the decreased levies for the 2012-13 year.

There is a two tiered system for the payment of levies in the ETBF.  Tier 1 represents the fixed costs of managing the fishery.  These costs are divided between Longline Boat SFRs and Minor Line Boat SFRs, with two thirds of the Tier 1 levy recovered equally amongst Longline Boat SFR holders and the remaining one third recovered equally from Minor Line Boat SFR holders.  Tier 2 represents the costs which are variable depending on the level of fishing effort, such as compliance data collection, logbooks and observers.  These costs are divided between each Quota SFR based on the relative market value of each quota species.

Operators who wish to fish in the Coral Sea Zone of the fishery are required to hold both a Longline Boat SFR and a Coral Sea Zone Boat SFR, hence there is no separate charge for a Coral Sea Zone Boat SFR.

Section 5.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 6 Heard Island and McDonald Islands Fishery

Section 6.1 - Definitions - leviable HIMI SFR

This section defines terms used in the Part.

Section 6.2 - Amount of levy

This section sets the levy payable for a Heard Island and McDonald Islands (HIMI) Fishery quota SFR in force on the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $17.37 for each quota SFR and includes a FRDC component of $1.81 per SFR.

Table 5: Comparison of the HIMI Fishery levy base between 2011-12 and 2012-13.

There has been a 30.5 per cent ($218 473) increase in the levy amount payable for 2012-13 ($934 088) compared to the levy amount payable for 2011-12 ($715 615). This increase is partially as a result of less under expenditure than in previous years. There was significant under expenditure ($139 874) in the 2010-11 budget which was used to reduce the levy payable in 2011-12. In 2011-12 there was less of an under expenditure ($57 124) which is carried forward to the 2012-13 levy base, resulting in a difference of $82 750.

The cost recovered budget increase is due primarily to the timing of research payments associated with the annual industry survey and an increase in observer costs. These are partially offset by savings made in a number of budget items including data management, the operation of the Management Advisory Committee, licensing and quota management and PISCES and Go-Fish amortisation.

The under expenditure of $57 124 in 2011-12 was a result of some observer costs being offset by the collection of a greater than anticipated fee for service for observer services and lower than expected costs for data management, the operation of the Management Advisory Committee, licensing and quota management and PISCES and Go-Fish amortisation.

To calculate the levy payable for each SFR, the research component ($108 262) is added to the total management levy to be collected ($934 088) and then divided by the number of commercial SFRs in the fishery (60 000).

Section 6.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 7 Macquarie Island Toothfish Fishery

Section 7.1 - Definition - leviable MITF SFR

This section defines terms used in the Part.

Section 7.2 - Amount of levy

This section sets the levy payable for a Macquarie Island Toothfish Fishery (MITF) quota SFR in force on the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $13.26 for each quota SFR and includes a FRDC component of $0.65 per SFR.

Table 6: Comparison of the MITF levy base between 2011-12 and 2012-13

There has been a 110.2 per cent ($132 127) increase in the levy amount payable for 2012-13 ($252 048) compared to the levy amount payable for 2011-12 ($119 921). The significant increase is a result of under and over expenditure in previous years. There was significant under expenditure ($74 545) in the 2010-11 budget which was used to reduce the levy payable in 2011 2012. In 2011-12 there was over expenditure of $47 888 which is carried forward to the 2012-13 levy base, resulting in a difference of $122 433. The majority of the cost increase arising from the over expenditure is associated with observer costs. The number of actual sea-days (132 sea-days) was almost double the number anticipated (70 sea-days).

To calculate the levy payable for each SFR, the research component ($13 072) is added to the total management levy to be collected ($252 048) and then divided by the number of commercial SFRs in the fishery (20 000).

Section 7.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 8 Northern Prawn Fishery

Section 8.1 - Definition - leviable NPF gear SFR

This section defines terms used in the Part.

Section 8.2 - Amount of levy

This section sets the levy payable for a Northern Prawn Fishery (NPF) gear SFR that is in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $74.94 for each gear SFR and includes a FRDC component of $5.33 per gear SFR.

Table 7: Comparison of the NPF levy base between 2011-12 and 2012-13.

There has been a 16.2 per cent ($344 352) increase in the levy amounts payable for 2012-13 ($2 469 902) compared with the levy amount payable for 2011-12 ($2 125 550). The primary reason for the increase is to account for unbudgeted research expenditure during 2011-12. This expenditure related to ongoing research projects including the integrated monitoring program vessel charter and fishery stock assessments. In addition there was some unbudgeted consultancy expenditure to allow CSIRO to conduct work on the white banana prawn prediction project.

To calculate the levy payable for each NPF gear SFR, the total FRDC research levy ($189 055) is added to the total management levy to be collected ($2 469 902) and divided by the number of gear SFRs in the fishery (35 479).

Section 8.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013. The section also provides that if the NPF plan is revoked, the levy is due and payable the day before the plan is revoked.

Part 9 North West Slope Trawl Fishery

Section 9.1 - Definition - leviable NWSTF fishing permit

This section defines terms used in the Part.

Section 9.2 - Amount of levy

This section sets the levy payable for a North West Slope Trawl (NWSTF) Fishery permit in force on or after the commencement of this regulation or at any time before 30 June 2013.

The amount of levy is $22 318 for each fishing permit and includes a FRDC component of $310 per permit.

Table 8: Comparison of the NWSTF levy base between 2011-12 and 2012-13.

There has been a 47.8 per cent ($49 837) increase in the levy amount payable for 2012-13 ($154 057), compared to the levy amount payable for 2011-12 ($104 220). This is primarily due to increased observer costs incurred in the 2011-12 financial year.

To calculate the levy payable for each NWSTF permit, the total FRDC research levy ($2 167) is added to the total management levy ($154 057) and divided by the number of permits in the fishery (7).

Section 9 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 10 Small Pelagic Fishery

Section 10.1 - Definition - leviable SPF SFR

This section defines terms used in this Part.

Section 10.2 - Amount of levy

This section sets the levy payable for each quota SFR in the Small Pelagic Fishery (SPF) in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $0.00206 for each SFR and includes a FRDC component of $0.000011 per SFR.

Table 9: Comparison of the SPF levy base between 2011-12 and 2012-13.

There has been a 48 per cent ($115 038) decrease in the levy amount payable for 2012-13 ($124 834) compared to the levy amount payable for 2011-12 ($239 872). This primarily reflects reduced research costs for 2012-13 and under expenditure in 2011-12 due to low levels of activity in the fishery and reduced research costs.

To calculate the levy payable for each SPF SFR, the total FRDC research levy ($672) is added to the total management levy to be collected ($125 506) and divided by the number of quota SFRs in the fishery.

Section 10.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 11 Southern and Eastern Scalefish and Shark Fishery

Section 11.1 - Definitions - leviable SESS fishing permits and SFRs

This section defines terms used in the Part.

The Southern and Eastern Scalefish and Shark Fishery (SESSF) incorporates the management of the previously individually managed East Coast Deepwater Trawl Fishery (ECDT); the Great Australian Bight Trawl Fishery (GABT); the Gillnet Hook and Trap Fishery (GHT); the South East Trawl Fishery (SET); and the Victorian Coastal Waters Fishery (VCW) under a single management framework (the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF management plan)).

Under the SESSF management plan the different sectors are managed under a system of SFRs and permits.

At industry's request the total budget for the SESSF fishery continues to be set in terms of individually managed fisheries. As a result the SESSF budget is a combined total of the ECDT, GABT, GHT, SET, and VCW budgets. It should be noted however, that while the Fishing Levy Regulations 2011 detail levy information by sector permits, boat SFRs and quota SFRs, this section considers levy payable in respect of individual fishery budgets.

Levy amounts for the SESSF in 2012-13 are calculated based on a new method that has been developed in consultation with the fishing industry and the Management Advisory Committee. The new calculation method introduces levies on a number of concessions that have not previously attracted levies. The new method attributes a levy to each quota species according to a combination of catch and estimated management cost. The research component for the SESSF is paid through the quota species levies, for further details on quota species levies see Table 16.

Due to the application of a new levy allocation formula in the SESSF, there have been significant changes to the levy due on individual concession types.

Section 11.4 provide that all SESSF levies are due and payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

East Coast Deepwater Trawl Sector (ECDT)

Section 11.1

This section defines terms used in the Part.

Section 11.2 and 11.3 - Amount of levy

This section sets the levy payable for a SESSF ECDT fishing permit in force on or after the commencement of this regulation or at any time before 30 June 2013, as $563.91.

The budget for the ECDWT sector is now included in the wider SESSF levy model. This means that part of the ECDWT budget will now be collected from quota species which significantly reduces the levy on permits.

Table 10: Comparison of the ECDT levy base between 2011-12 and 2012-13.

Table 11: Comparison of the ECDT permit levy between 2011-12 and 2012-13.

There has been a 115.5 per cent ($45 990) increase in the levy amount payable for 2012-13 ($85 819) compared to the levy payable for 2011-12 ($39 829). There was an increase in the ECDWTS expenditure by $49 500 (158.92%). The majority of this increase was due to 40 observer days not being budgeted in the ECDWTS. Additionally observer days were reduced from other fisheries leading to an increase in the per day overhead cost. Licensing and quota management also increased, ($5 040), this reflects an increase in costs associated with running these programs in the fishery and is directly related to usage. VMS costs decreased by $4 502.

Great Australian Bight Trawl Sector (GABT)

Section 11.1

This section defines terms used in the part.

Section 11.2 and 11.3 - Amount of levy

This section sets the levy payable for a GABT boat SFR in force on or after the commencement of this regulation or at any time before 30 June 2013, as $18 708.90. In addition, a fishing concession holder will pay an amount per quota species as shown in Table 13 to recover the total amount payable for the GABT.

Table 12: Comparison of the GABT levy base between 2011-12 and 2012-13.

Table 13: Comparison of the GABT boat SFR levy between 2011-12 and 2012-13.

There has been a 51.4 per cent ($197 939) decrease in the levy amount payable for 2012-13 ($187 089) compared to the levy payable for 2011-12 ($385 028). There was a significant reduction in expenditure in the research projects and research administration areas ($136 057), the decrease is driven by reducing the independent survey to every second year. Smaller reductions were made in data management due to reduced fishing for the GABT and an under spend due to the Management Advisory Committee meeting being deferred to the following financial year. Minor increases were due to an increase in overheads and the amount of observer days spent in the fishery.

Gillnet Hook and Trap Sector (GHT)

Section 11.1

Section 11.1 define terms used in the Part.

Section 11.2 and 11.3 - Amount of levy

Levies relating to the GHT sector of the SESSF are set out as follows:

*         SESSF Gillnet boat SFR (Section 11.3);

*         SESSF Scalefish hook boat SFR (Section 11.3); and

*         SESSF Shark hook boat SFR (Section 11.3).

Where the relevant permit is in force on or after the commencement of this regulation or at any time before 30 June 2013;

*         SESSF GHT coastal waters fishing permit (Section 11.2); and

*         SESSF GHT trap fishing permit (Section 11.2)

*         SESSF GHT autolongline fishing permit (Section 11.2)

*         SESSF GHT Tasmanian rock lobster permit (Section 11.2)

The regulations set the amount payable for a Gillnet boat SFR as $4 429.55; Scalefish hook boat SFR as $1 895.91; Shark hook boat SFR as $2 398.25; GHT autolongline fishing permit as $4 156.96; GHT trap fishing permit as $1 299.05 and GHT Coastal Waters fishing permit (linked and unlinked) as $1 349.66. The total levy base for the fishery is $2 816 255.15 and includes a research component of $56 474.72. Table 14 and 16 show levy amounts for fishing concessions from 2011-12 to 2012-13.

Table 14: Comparison levy on boat SFRs and permits in the GHT sector (2011-12 to 2012-13).

Table 15: Comparison of the GHT levy base between 2011-12 and 2012-13.

There has been a 3.9 per cent ($102 666) increase in the levy amount payable for 2012-13 ($2 759 779) compared to the levy amount payable for 2011-12 ($2 657 113).  The increase is due to an increase in fishery management costs, indirect costs and unbudgeted expenditure in 2011-12. Increased fishery management costs for 2012-13 are due to increased staffing and associated overhead costs to resolve issues with interactions with dolphins and sea lions. Increases in indirect costs are due to continued observer requirements and increased activity with licensing quota management and compliance data collection. Unbudgeted expenditure was caused by an under collection of levy's for 2011-12 due to surrenders of SFRs and permits in the fishery.

Table 16: Levy on quota species per unit held.

Victorian Coastal Waters Sector (VCW)

Section 11.1

This section defines terms used in the Part.

Section 11.2 and 11.3 - Amount of levy

This section sets the levy payable for a SESSF VCW fishing permit in force on or after the commencement of this regulation or at any time before 30 June, as $384.48.

The budget for the VCW sector is now included in the wider SESSF levy model. This means that part of the VCW budget will now be collected from quota species which significantly reduces the levy on permits.

Table 17: Comparison of the VCW levy base between 2011-12 and 2012-13.

Table 18: Comparison on VCW permits (2011-12 to 2012-13).

There was a 105.2 per cent ($31 582) increase in the levy amount payable for 2012-12 ($61 607) compared to 2011-12 ($30 025). This was primarily driven by a slight increase in salary costs ($3 598), overheads ($10 423) based on the proportion of direct budget expenditure for the financial year and data compliance costs ($9 422) due to increased Vessel Monitoring System (VMS) costs.

South East Trawl Sector (SET)

Section 11.1

This section defines terms used in the Part.

Section 11.2 and 11.3 - Amount of levy

This section sets the levy payable for a SESSF trawl boat SFR in force on or after the commencement of this regulation or at any time before 30 June 2013, as $9 318.84. In addition, a fishing concession holder will pay an amount per quota species as shown in Table 13 to recover the total amount payable for the SET.

The levy amount payable for the SET is $2 986 696 and the FRDC research component to be collected is $125 712. The total amount payable by the fishery is $3 112 408.

In 2012-13 a new levy attribution model has been introduced which significantly alters the payable levies on SET concessions. The new model makes use of a user-pays formula to better attribute costs to the concessions that generate those costs.

Table 19: Comparison of the SET levy base between 2011-12 and 2012-13.

There was a 0.6 per cent (16738) decrease in the levy amount payable for 2012-13 ($2 986 698) compared to the levy payable for 2011-12 ($3 003 434). There was a 4 per cent ($102 408) reduction to the budget for 2012-13 primarily due to reduced research and data management costs, however this is offset by an over spend from the previous year of $300 117.

Major increases were due to:

• Consultancy and contractors ($52 153), increased work on Gulper sharks and reviewing levy allocation in the SESSF;
• Overheads were underestimated in the previous budget ($42 153).
• Licensing, quota management and VMS ($80 142), reflects greater usage than expected of these systems by the fishery;
• Observer cost increased by $43 545 due to extra observer days spent on the fishery. Additionally observer days were reduced in other fisheries leading to an increase in the per day overhead cost;
• Research and administration costs increased by $119 210. This increase is due to the 2010 stock assessment project which should have been paid in 2010-11 financial year accrued against 2011-12 research funding, and an overspend in the fishery independent survey.

Major decreases can be attributed to:

• Salary costs ($31 844) due reduced staffing levels;
• Savings from Management Advisory Committee (MAC) and Resource Assessment Group (RAG) ($41 409);
• Reduction in data management costs ($50 039) due to a reduction in the amount of time required for this sector.

Table 20: Comparison between SET Boat SFR levy (2011-12 to 2012-13).

Part 12 Southern Bluefin Tuna Fishery

Section 12.1 - Definition - leviable SBTF SFR

This section defines terms used in the Part.

Section 12.2 - Amount of levy

This section sets the levy payable for a Southern Bluefin Tuna Fishery (SBT) quota SFR in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $0.3228 for each quota SFR and includes a FRDC component of $0.02 per quota SFR.

Table 21: Comparison of the SBT levy base between 2011-12 and 2012-13

There has been a 51.7 per cent ($554 782) increase in the levy amount payable for 2012-13 ($1 627 264) compared to the levy amount payable for 2011-12 ($1 072 482). This is primarily due to an increase in the research budget to fund Commission for the Conservation Southern Bluefin Tuna (CCSBT) related inter-seasonal science.

To calculate the levy payable for each SBT SFR the research component ($91 575) is added to the total management levy to be collected ($1 627 264). The total ($1 718 839) is then divided by the number of commercial SBT SFRs in the fishery (5 324 422).

Section 12.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 13 Southern Squid Jig Fishery

Section 13.1 - Definition - leviable SSJF gear SFR

This section defines terms used in the Part.

Section 13.2 - Amount of levy

This section sets the levy payable for each gear SFR in the Southern Squid Jig Fishery (SSJF) in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $21.25 for each gear SFR and includes a FRDC component of $0.76 per gear SFR.

Table 22: Comparison of the SSJF levy base between 2010-11 and 2011-12.

There has been a 13.3 per cent ($17 275) decrease in the levy payable for 2012-13 ($112 688) compared to the levy payable for 2011-12 ($129 963). This reflects increased costs for Resource Assessment Groups ($8 140), compliance data collection ($1 851) and Management Advisory Committees ($923). These increases were offset against decreases in data management ($1 457) licensing and quota management costs ($3 941) and PISCES and Go-Fish Amortisation ($5 981).

To calculate the levy payable for each gear SFR, the research component of $4 172.33 is added to the total management levy to be collected ($112 688.00) and then divided by the number of commercial gear SFRs in the fishery (5 500).

Section 13.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 14 Western Deepwater Trawl Fishery

Section 14.1 - Definition - leviable WDTF fishing permit

This section defines terms used in the Part.

Section 14.2 - Amount of levy

This section sets the levy payable for a Western Deepwater Trawl Fishery (WDTF) fishery fishing permit in force on or after the commencement of this regulation or any time before 30 June 2013.

The levy amount is $8 517 per fishing permit and includes a FRDC component of $44 per fishing permit.

Table 23: Comparison of the WDTF levy base between 2011-12 and 2012-13.

There has been a 15.5 per cent ($12 493) increase in the levy payable for 2012-13 ($93 198) compared to the levy amount payable for 2011-12 ($80 705). The increase in the cost recovered budget is primarily due to increased management costs in the fishery.

To calculate the levy payable for each WDTF permit the total FRDC research levy ($488) and the prior year under/over recoveries are added to the total cost recovered budget and divided by the number of permits in the fishery (11).

Section 14.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 15 Western Skipjack Fishery

Section 15.1 - Definition - leviable WSF fishing permit

This section defines terms used in the Part.

Section 15.2 - Amount of levy

This section sets out the levy payable for a Western Skipjack Fishery (WSF) fishing permit in force on or after the commencement of this regulation or at any time before 30 June 2013.

The levy amount is $2 059.31 per permit; there is no research component.

Table 24: Comparison of the Skipjack Fisheries levy base between 2011-12 and 2012-13.

There has been a 3 per cent ($2 013) decrease in the levy payable for 2012-13 ($65 898) compared to the levy payable for 2011-12 ($67 911). There has been little fishing activity in either the Eastern or Western Skipjack Fishery in recent years and management costs are mainly associated with Licensing functions and implementing obligations from the Western and Central Pacific Fisheries Commission and the Indian Ocean Tuna Commission. After taking into account the acquittal from 2011-12, the amount to be collected for 2012-13 is $65 898 (there is no research component).

The Eastern Skipjack Fishery is managed under a single budget for both the Eastern and Western Skipjack Fisheries. The method used to calculate the levies combines both Eastern and Western Skipjack Fishery permits and then divides the total levy base by the total number of permits. There are currently 18 permits in the Eastern Skipjack Fishery and 12 permits in the Western Skipjack Fishery. Therefore, to determine the individuals levies the levy base of $65 898 was divided by 32 permits.

Section 15.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

Part 16 Western Tuna and Billfish Fishery

Section 16.1 - Definition - leviable WTBF SFR

This section defines terms used in the Part.

Section 16.2 - Amount of levy

This section sets the levy payable for a Western Tuna and Billfish Fishery (WTBF) Boat SFR and quota SFRs in force on or after the commencement of this regulation or at any time before 30 June 2013, as:

Table 25: Comparison of the WTBF levy base between 2011-12 and 2012-13.

There has been a 30.7 per cent ($92 468) decrease in the levy amount payable for 2012-13 ($209 131) compared to the levy amount payable for 2011-12 ($301 599). This decrease reflects a reduction in the over all cost recovered budget through efficiency savings implemented by AFMA, an over collection from the 2011-12 cost recovered budget and low levels of fishing activity resulting in decreased costs associated with data management and collection requirements.

There is a two tiered system for the payment of levies in the WTBF. Tier 1 represents the fixed costs of managing the fishery and the research component. These costs are divided equally between each boat SFR. Tier 2 represents the costs which are variable depending on the level of fishing effort, such as compliance data collection, logbooks and observers. The different options of dividing the Tier 2 costs among the quota SFRs has been discussed with industry members, however no agreement could be reached. Therefore, without industry consensus, it was considered the most equitable option was to divide the costs equally between each quota SFR.

Section 16.3 - When levy must be paid

This section provides that a levy is payable in full with three instalments. The full amount of the first instalment is payable by 11 February 2013. The full amount of the second instalment is payable by 8 April 2013. The full amount of the third instalment is payable by 3 June 2013.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Fishing Levy Regulation 2012

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The instrument sets the amounts of levy that are payable for Commonwealth fishing concessions and the timeframes for when those amounts of levy are due and payable, for the 2012-13 financial year.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon. Peter Douglas Sidebottom MP

Parliamentary Secretary for Agriculture, Fisheries and Forestry

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