ATTACHMENT A

Details of the Fishing Levy Regulation 2013

Part 1- Preliminary

Section 1 - Name of Regulation

This regulation provides for the regulation to be cited as the Fishing Levy Regulation 2013 (the Regulation).

Section 2 - Commencement

This regulation provides that the Regulation commences on the day after it is registered.

Section 3 - Authority

This regulation provides that the Regulation is made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.

Section 4 - Schedule(s)

This regulation repeals Fishing Levy Regulation 2012.

Section 5 - Definitions

This regulation defines terms used in the Regulation.

Section 6 - References to fisheries

This regulation provides that, where a reference is made to the name of a fishery in the Regulation, that it is the name that corresponds to one described in the Management Regulations or in a plan of management.

Part 2 Bass Strait Central Zone Scallop Fishery

Section 2.1 - Definitions

This section defines the terms used in the Part.

Section 2.2 - Amount of levy- leviable BSCZSF SFR

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 and before 30 June 2014.

The levy amount is $0.3571. The levy includes a FRDC component of $0.00391 per SFR.

Table 1:  Comparison of the BSCZSF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	364 414	291 921	- 72 493	- 19.89%
Prior year (over)/under recoveries	-84 422	-134 942
Amount payable (Excludes FRDC)	279 992	156 979	- 123 013	- 43.93%

There has been a 43.93 per cent ($123 013) decrease in the levy amount payable for 2013-14 ($156 979) compared to the levy amount payable for 2012-13 ($279 992). This reduction is primarily due to reduced costs for staff time ($67 761) and overheads.

To calculate the levy payable for each commercial scallop quota SFR the research component ($1 739) is added to the total management levy to be collected ($156 979) 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 3 Coral Sea Fishery

Section 3.1 - Definitions

This section defines the terms used in the Part.

Section 3.2 - Amount of levy- leviable CSF fishing permit

This section sets the levy payable for a Coral Sea Fishery (CSF) fishing permit in force on or after the commencement of the Regulation and before 30 June 2014.

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 $2 757.19 for each permit and includes a FRDC component of $56.06 (16 permits).

The Tier 2 amounts per permit are:

*         Hand collection - $974.56 (6 permits); and

*         Line, Trap and Trawl - $2 338.88 (10 permits).

 

Table 2: Comparison of the CSF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	157 204	140 569	- 16 635	- 10.58
Prior year (over)/under recoveries	-67 435	-68 115
Amount payable (Excludes FRDC)	89 769	72 454	- 17 314	- 19.00

There has been a 19 per cent ($17 314) decrease in the levy amount payable for 2013-14 ($72 454) compared to the levy amount payable for 2012-13 ($89 769). There were reductions in the budget for 2013-14 reflecting reduced data management costs ($8 432) and observer costs ($12 164). In addition there was an underspend of $68 115 in 2012-13 reflecting reduced staffing and the postponement of a stakeholder meeting.

Section 3.3 - When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 4 Eastern Skipjack Fishery

Section 4.1- Definitions 

This section defines the terms used in the Part.

Section 4.2 - Amount of levy- leviable ESF fishing permit

This section sets out the levy payable for an Eastern Skipjack Fishery (ESF) fishing permit in force on or after the commencement of the Regulation and before 30 June 2014.

The levy amount is $1 746.15 per permit; there is no research component.

Table 3: Comparison of the ESF and WSF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	60 708	58 041	- 2 667	- 4.39
Prior year (over)/under recoveries	5 190	418
Amount payable (Excludes FRDC)	65 898	57 623	- 8 275	- 13.00

There has been a 13 per cent ($8 275) decrease in the levy payable for 2013-14 ($57 623) compared to the levy payable for 2012-13 ($65 898). 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.

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 19 permits in the Eastern Fishery and 14 permits in the Western Fishery. Therefore, to determine the individual levies the levy base of $57 623 was divided by 33 permits.

Section 4.3 - When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 5 Eastern Tuna and Billfish Fishery

Section 5.1 - Definitions 

This section defines the terms used in the Part.

Section 5.2  - Amount of levy - leviable ETBF SFR

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 and before 30 June 2014, as:

 

Item	Management Levy	FRDC Levy	Total Levy
Longline Boat SFR	$2 649.86	-	$2 649.86
Minor Line Boat SFR	$1 189.04	-	$1 189.04
Albacore Tuna Quota SFR	$0.0624	$0.0042	$0.0666
Bigeye Tuna Quota SFR	$0.1675	$0.0113	$0.1788
Broadbill Swordfish Quota SFR	$0.1833	$0.0124	$0.1957
Striped Marlin Quota SFR	$0.0425	$0.0029	$0.0454
Yellowfin Tuna Quota SFR	$0.4681	$0.0317	$0.4998

 Table 4: Comparison of the ETBF levy base between 2012-13 and 2013-14.

 

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	1 764 652	1 599 614	- 95 038	- 5.6
Prior year (over)/under recoveries	-307 848	147 999
Less Observer Fee for Service	-70 000	-50 000
Amount payable (Excludes FRDC)	1 386 804	1 401 615	14 811	1.07

There has been a 1.07 per cent ($14 811) increase in the levy amount payable for 2013-14 ($1 401 615) compared to the levy amount payable for 2012-13 ($1 386 804). Expenditure for the 2012-13 budget year was $123 795 less than budgeted. Despite the reduction in budget for the 2013-14 financial year the  slight increase is due to the previous year's levy being artificially lowered  by a return of funds ($307 848) from an over collection in the 2011-12 financial 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 6 Heard Island and McDonald Islands Fishery

Section 6.1 - Definitions

This section defines the terms used in the Part.

Section 6.2 - Amount of levy - leviable HIMI SFR

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 and before 30 June 2014.

The levy amount is $11.65 for each quota SFR and includes a FRDC component of $2.08 per SFR.

Table 5: Comparison of the HIMI Fishery levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	1 272 472	846 196	-426 276	-33.5
Prior year (over)/under recoveries	-57 124	24 123
Less Observer Fee for Service	-281 260	-295 610
Amount payable (Excludes FRDC)	934 088	574 728	-359 360	-38.5

There has been a 38.5 per cent ($359 360) decrease in the levy amount payable for 2013-14 ($574 728) compared to the levy amount payable for 2012-13 ($934 088). The decrease is due to the removal of the costs associated with the Random Stratified Trawl Survey (RSTS) from the levy base. In 2013-14 the RSTS is being funded by Industry outside the levy base.

To calculate the levy payable for each SFR, the research component ($124 561) is added to the total management levy to be collected ($574 728) 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 7 Macquarie Island Toothfish Fishery

Section 7.1 - Definitions

This section defines the terms used in the Part.

Section 7.2  - Amount of levy - leviable MITF SFR

This section sets the levy payable for a Macquarie Island Toothfish Fishery (MITF) quota SFR in force on the commencement of this regulation and before 30 June 2014.

The levy amount is $20.50 for each quota SFR and includes a FRDC component of $0.80 per SFR.

Table 6: Comparison of the MITF levy base between 2012-13 and 2013-14.

 

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	245 485	316 241	70 756	28.8
Prior year (over)/under recoveries	47 888	151 272
Less Observer Fee for Service	-41 325	-73 975
Amount payable (Excludes FRDC)	252 048	393 993	141 945	56.3

There has been a 56.3 per cent ($141 945) increase in the levy amount payable for 2013-14 ($393 993) compared to the levy amount payable for 2012-13 ($252 048). The increase is due to an increase in the number of boats in the fishery resulting in an increase in the number of budgeted observer days to comply with required observer coverage levels in the fishery.

To calculate the levy payable for each SFR, the research component ($15 970) is added to the total management levy to be collected ($393 993) 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 8 Northern Prawn Fishery

Section 8.1 - Definitions 

This section defines the terms used in the Part.

Section 8.2  - Amount of levy - leviable NPF gear SFR

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 and before 30 June 2014.

The levy amount is $63.58 for each gear SFR and includes a FRDC component of $5.33 per gear SFR.

Table 7: Comparison of the NPF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	2 277 992	2 126 807	- 151 185	-6.6
Prior year (over)/under recoveries	191 910	-60 126
Amount payable (Excludes FRDC)	2 469 902	2 066 681	- 403 221	-16.3

There has been a 16.3 per cent ($403 221) decrease in the levy amounts payable for 2013-14 ($2 066 681) compared with the levy amount payable for 2012-13 ($2 469 902). The primary reason for the decrease is a reduction in the targeted observer days and the phasing of milestone payments for multi-year research projects such as the Integrated Monitoring Program (IMP) and Resource Assessment Group (RAG) Assessments.

To calculate the levy payable for each NPF gear SFR, the total FRDC research levy ($189 173) is added to the total management levy to be collected ($2 066 681) 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 9 North West Slope Trawl Fishery

Section 9.1 Definitions

This section defines the terms used in the Part.

Section 9.2 Amount of levy - leviable NWSTF fishing permit

This section sets the levy payable for a North West Slope Trawl (NWSTF) fishing permit in force on or after the commencement of this regulation and before 30 June 2014.

The amount of levy is $9 365.43 for each fishing permit and includes a FRDC component of $334.00 per permit.

Table 8: Comparison of the NWSTF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	109 511	96 570	12 941	11.8
Prior year (over)/under recoveries	44 546	-33 351
Amount payable (Excludes FRDC)	154 057	63 218	90 839	59.0

 

There has been a 59.0 per cent ($90 839) decrease in the levy amount payable for 2013-14 ($63 218), compared to the levy amount payable for 2012-13 ($154 057). This decrease is primarily due to reduced observer days and a reduction in the requirement to attend meetings in the 2013-14 financial year.

To calculate the levy payable for each NWSTF permit, the total FRDC research levy ($2 339) is added to the total management levy ($63 218) and divided by the number of permits in the fishery (7).

Section 9.3 -When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 10 Small Pelagic Fishery

Section 10.1 - Definitions

This section defines the terms used in the Part.

Section 10.2 - Amount of levy - leviable SPF SFR

This section sets the levy payable for a Small Pelagic Fishery (SPF) quota SFR in force on or after the commencement of this regulation and before 30 June 2014.

The levy amount is $0.006582 for each SFR and includes a FRDC component of $0.0000063 per SFR.

Table 9: Comparison of the SPF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	292 958	396 136	103 178	35.2%
Prior year (over)/under recoveries	-168 124	5 319
Amount payable (Excludes FRDC)	124 834	401 455	276 621	221.6%

There has been a 221.6 per cent ($276 621) increase in the levy amount payable for 2013-14 ($401 455) compared to the levy amount payable for 2012-13 ($124 834). This increase is mainly a result of the significant underspend in 2011-12 ($168 124) that was carried over into 2012-13 reducing the amount payable in 2012-13 ($124 834). Actual expenditure in 2012-13 was close to budgeted expenditure.

To calculate the levy payable for each SPF quota SFR, the total FRDC research levy ($385) is added to the total management levy to be collected ($401 455) and divided by the number of quota SFRs in the fishery (61 047 305).

Section 10.3 - When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 11 Southern and Eastern Scalefish and Shark Fishery

Section 11.1 - Definitions

This section defines the 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 sectors. As a result the SESSF budget is a combined total of the GABT, GHT and SET budgets.

Section 11.2 and 11.3 - Amount of levy - leviable SESS fishing permits and SFRs

*         Great Australian Bight Trawl Sector (GABT)

The total levy base for the fishery is $284 955 including a research component of $29 365. In addition, a fishing concession holder will pay an amount per quota species as shown in the table below to recover the total amount payable for the GABT.

The table below sets out the levy payable for GABT boat and quota SFRs in force on or after the commencement of this regulation and before 30 June 2014 as;

 

Item	Management Levy	FRDC Levy	Total Levy
GABT boat SFR	$25 559.00	-	$25 559.00
Bight Redfish quota SFR	-	$0.00523	$0.00523
Deepwater flathead quota SFR	-	$0.00782	$0.00782
Orange Roughy (Albany and Esperance) quota SFR	-	$0.00334	$0.00334

 

Table 10: Comparison of the GABT levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	339 943	317 510	- 22 433	- 6.6
Prior year (over)/under recoveries	-152 854	-61 920
Amount payable (Excludes FRDC)	187 089	255 590	68 501	36.6

There has been a 36.6 per cent ($68 501) increase in the levy amount payable for 2013-14 ($255 590) compared to the levy payable for 2012-13 ($187 089). This was mostly due to a large reimbursement of levy savings in 2011-12 ($152 854) applied to the 2012-13 levy year, reducing the amount payable in that year. There was also a significant reduction in budgeted expenditure in 2012-13 against MAC and Resource Advisory Group meetings ($44 335) due to an industry decision that members not claim travel costs. The cost recovered budget was reduced in 2013-14 to account for these savings. 

*         Gillnet Hook and Trap Sector (GHT)

The total levy base for the fishery is $2 133 769 including a research component of $54 268. In addition, a fishing concession holder will pay an amount per quota species as shown in the table below to recover the total amount payable for the GHT.

The table below sets out the levy payable for GHT boat SFRs and permits in force on or after the commencement of this regulation and before 30 June 2014 as;

 

Item	Management Levy	FRDC Levy	Total Levy
Gillnet boat SFR	$3 589.44	-	$3 589.44
Scalefish boat SFR	$1 536.33	-	$1 536.33
Shark hook boat SFR	$1 943.39	-	$1 943.39
GHT fishing permit	$1 108.08	-	$1 108.08
GHT trap fishing permit	$1 052.67	-	$1 052.67
GHT auto longline fishing permit	$3 742.83	-	$3 742.83

Table 11: Comparison of the GHT levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	2 496 400	2 260 939	235 461	9.4
Prior year (over)/under recoveries	263 378	-181 438
Amount payable (Excludes FRDC)	2 759 779	2 079 501	680 278	-24.7

There has been a 24.7 per cent ($680 278) decrease in the levy amount payable for 2013-14 ($2 079 501) compared to the levy amount payable for 2011-12 ($2 674 051).  This decrease is due to a reduction in indirect fishery management costs and a deduction for an under expenditure of levies in 2012-13 ($181 438). Decreases in indirect costs in the 2013-14 budget include a reduction in the cost of on-board observers with greater use of electronic monitoring and a reduction in research costs as some stock assessments and the fishery independent survey were deferred.

*         Commonwealth South East Trawl Sector (CSET)

The total levy base for the fishery is $2 504 196 including a research component of $135 404. In addition, a fishing concession holder will pay an amount per quota species as shown in the table below to recover the total amount payable for the CSET.

The table below sets out the levy payable for CSET boat SFRs and permits in force on or after the commencement of this regulation and before 30 June 2014 as;

 

Item	Management Levy	FRDC Levy	Total Levy
SET Trawl boat SFR	$8 350.23	-	$8 350.23
East Coast Deepwater Trawl fishing permit	$488.17	-	$488.17
Victorian Coastal Waters fishing permit	$332.84	-	$332.84

 

Table 12: Comparison of the CSET levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	2 765 779	2 579 287	- 186 492	- 6.7
Prior year (over)/under recoveries	368 344	-210 495
Amount payable (Excludes FRDC)	3 134 122	2 368 792	- 765 330	- 24.4

There was a 24.4 per cent ($765 330) decrease in the levy amount payable for 2013-14 ($2 368 792) compared to the levy payable for 2012-13 ($2 986 696). The difference in the amount of collectable levy from 2012-13 to 2013-14 is primarily due to a reduction in budget of a 6.7 per cent ($186 492), and savings made in budgeted research costs ($315 254) by deferring a Fisheries Independent Survey (FIS) for an additional year.

A number of quota species are caught in both the GHAT and the CSET sectors of the SESSF.  The table below sets out the levy payable for SESS quota SFRs in force on or after the commencement of this regulation and before 30 June 2014 as;

 

 

Item	Management Levy	FRDC Levy	Total Levy
Alfonsino	$0.0189	$0.00148	$0.02039
Blue Eye Trevalla	$0.3820	$0.01272	$0.39468
Blue Grenadier	$0.0955	$0.00764	$0.10317
Blue Warehou	$0.0123	$0.00090	$0.01320
Deepwater shark basket east	$0.0219	$0.00163	$0.02354
Deepwater shark basket west	$0.0340	$0.00265	$0.03670
Elephant fish	$0.3609	$0.00758	$0.36852
Flathead	$0.1521	$0.01218	$0.16429
Gemfish - east	$0.1366	$0.00932	$0.14596
Gemfish - west	$0.0636	$0.00450	$0.06813
Gummy Shark	$0.4638	$0.01541	$0.47919
Jackass Morwong	$0.0569	$0.00453	$0.06141
John Dory	$0.0390	$0.00312	$0.04215
Mirror Dory	$0.0934	$0.00748	$0.10085
Ocean Perch	$0.0912	$0.00629	$0.09748
Orange Roughy Cascade	$0.0059	$0.00047	$0.00636
Orange Roughy - east	$0.0004	$0.00003	$0.00044
Orange Roughy - south	$0.0006	$0.00005	$0.00061
Orange Roughy - west	$0.0050	$0.00040	$0.00536
Oreo	$0.0191	$0.00153	$0.02067
Oreo cascade	$0.0006	$0.00005	$0.00061
Oreo smooth	$0.0005	$0.00004	$0.00053
Pink Ling	$0.3727	$0.01877	$0.39149
Redfish	$0.0239	$0.00191	$0.02583
Ribaldo	$0.1771	$0.00312	$0.18023
Royal Red Prawn	$0.0385	$0.00308	$0.04155
Sawshark	$0.2398	$0.00435	$0.24410
School Shark	$0.4516	$0.01456	$0.46620
School Whiting	$0.0284	$0.00227	$0.03065
Silver Trevally	$0.0530	$0.00424	$0.05725
Spotted Warehou	$0.1576	$0.01263	$0.17026

Section 11.4 - When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 12   Southern Bluefin Tuna Fishery

Section 12.1 - Definitions

This section defines the terms used in the Part.

Section 12.2 - Amount of levy - leviable SBTF SFR

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 and before 30 June 2014.

The levy amount is $0.2176 for each quota SFR and includes a FRDC component of $0.02 per quota SFR.

Table 13: Comparison of the SBT levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	1 514 987	1 292 049	-222 938	-14.7
Prior year (over)/under recoveries	112 278	-237 930
Adjustments		-193 585
Amount payable (Excludes FRDC)	1 627 264	1 056 119	-571 145	-35.1

There has been a 35.1 per cent ($571 145) decrease in the levy amount payable for 2013-14 ($1 056 119) compared to the levy amount payable for 2012-13 ($1 627 264). This decrease reflects the decision to not implement stereo video in the fishery until the stereo video systems are fully automated.

To calculate the levy payable for each SBT quota SFR the research component ($102 372) is added to the total management levy to be collected ($1 056 119). The total ($1 158 491) 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 13 Southern Squid Jig Fishery

Section 13.1- Definitions

This section defines the terms used in the Part.

Section 13.2  - Amount of levy - leviable SSJF gear SFR

This section sets the levy payable for each Southern Squid Jig Fishery (SSJF) gear SFR in force on or after the commencement of this regulation and before 30 June 2014.

The levy amount is $20.22 for each gear SFR and includes a FRDC component of $0.55 per gear SFR.

Table 14: Comparison of the SSJF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	111 363	133 782	22 419	20.13
Prior year (over)/under recoveries	1 325	-25 609
Amount payable (Excludes FRDC)	112 688	108 173	- 4 515	- 4.01

There has been a 4.01 per cent ($4 515) decrease in the levy payable for 2013-14 ($108 173) compared to the levy payable for 2012-13 ($112 688). There has been an increase in budget for 2013-14, however, this is offset by a reduction for over recovery of levies in 2012-13 ($25 609).   The budget increase is primarily due to an increase in staff time allocated to the squid fishery in 2013-14.

To calculate the levy payable for each gear SFR, the research component of $3 034 is added to the total management levy to be collected ($108 173) 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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 14 Western Deepwater Trawl Fishery

Section 14.1 - Definition

This section defines the terms used in the Part.

Section 14.2 - Amount of levy - leviable WDTF fishing permit

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 and before 30 June 2014.

The levy amount is $4 601.16 per fishing permit and includes a FRDC component of $35.00 per fishing permit.

Table 15: Comparison of the WDTF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	109 309	92 690	-  16 619	- 15.2
Prior year (over)/under recoveries	-16 110	-42 460
Amount payable (Excludes FRDC)	93 198	50 231	-  42 967	- 46.1

There has been a 46.1 per cent ($42 967) decrease in the levy payable for 2013-14 ($50 231) compared to the levy amount payable for 2012-13 ($93 198). This decrease is primarily due to reduced observer days and a reduction in the requirement to attend meetings in the 2013-14 financial year.

To calculate the levy payable for each WDTF fishing permit, the total FRDC research levy ($382) is added to the total management levy to be collected ($50 231) and divided by the number of fishing permits in the fishery (11).

Section 14.3 - When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 15 Western Skipjack Fishery

Section 15.1 - Definitions

This section defines the terms used in the Part.

Section 15.2 - Amount of levy - leviable WSF fishing permit

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 and before 30 June 2014.

The levy amount is $1 746.15 per permit; there is no research component.

Table 16: Comparison of the Skipjack Fisheries levy base between 2012-13 and 2013-14.

 

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	60 708	58 041	-  2 667	- 4.4
Prior year (over)/under recoveries	5 190	418
Amount payable (Excludes FRDC)	65 898	57 623	-  8 275	- 12.6

There has been a 12.6 per cent ($8 275) decrease in the levy payable for 2013-14 ($57 623) compared to the levy payable for 2012-13 ($65 898). 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 2013-14 is $57 623 (there is no research component).

The Western 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 19 permits in the Eastern Skipjack Fishery and 14 permits in the Western Skipjack Fishery. Therefore, to determine the individual levies the levy base of $57 623 was divided by 33 permits.

Section 15.3 - When levy must be paid

This section provides that a levy is payable in three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

Part 16 Western Tuna and Billfish Fishery

Section 16.1 - Definition

This section defines the terms used in the Part.

Section 16.2 - Amount of levy - leviable WTBF SFR

This section sets the levy payable for a Western Tuna and Billfish Fishery (WTBF) boat SFR and quota SFR in force on or after the commencement of this regulation and before 30 June 2014, as:

 

Item	Management Levy	FRDC Levy	Total Levy
Longline Boat SFR	$1 115.37	$119.08	$1 234.45
Bigeye Tuna Quota SFR	$0.0564	-	$0.0564
Broadbill Swordfish Quota SFR	$0.0564	-	$0.0564
Striped Marlin Quota SFR	$0.0564	-	$0.0564
Yellowfin Tuna Quota SFR	$0.0564	-	$0.0564

Table 17: Comparison of the WTBF levy base between 2012-13 and 2013-14.

	2012-13	2013-14	Difference
	$	$	$	%
Cost recovered budget	257 132	281 019	23 887	9.3
Prior year (over)/under recoveries	-48 001	-2 890
Amount payable (Excludes FRDC)	209 131	278 129	68 998	33.0

There has been a 33.0 per cent ($68 998) increase in the levy amount payable for 2013-14 ($278 129) compared to the levy amount payable for 2012-13 ($209 131). The increase is due to an increase in the number of boats in the fishery resulting in an increase in the number of budgeted observer days.

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 three instalments. The full amount of the first instalment is payable by 11 February 2014. The full amount of the second instalment is payable by 8 April 2014. The full amount of the third instalment is payable by 3 June 2014.

The Regulation also provides that should a dealing occur that would transfer ownership, the levy becomes due and payable.

 

 

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 2013

 

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 in the timeframes for when those amounts of levy are due and payable, for the 2013-14 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.

 

 

 

 

 

Senator the Hon. Richard Colbeck

Parliamentary Secretary to the Minister for Agriculture