Commonwealth Numbered Regulations - Explanatory Statements
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FISHING LEVY REGULATION 2015 (SLI NO 202 OF 2015)
EXPLANATORY STATEMENT
SELECT LEGISLATIVE INSTRUMENT No. 202, 2015
Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture and Water Resources
Fishing Levy Act 1991
Fisheries Management Act 1991
Fishing Levy Regulation 2015
Section 8 of the Fishing Levy Act 1991 (Levy Act) provides that the Governor-General may make a regulation for the purposes of section 6 of the Levy Act. Section 5 of the Levy Act imposes a levy in respect of a fishing concession. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the regulation.
Section 168 of the Fisheries Management Act 1991 (Management Act) provides that the Governor-General may make a regulation 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 prescribed in accordance with the regulation.
"Fishing concession" is defined, under the Levy Act and the Management Act, to mean a fishing permit, a statutory fishing right (SFR) or a foreign fishing license. 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 2015 (the Regulation):
- repeals the Fishing Levy Regulation 2014 and replaces it with updated provisions;
- sets the amounts of levy payable on fishing concessions;
- sets the timeframes for when those amounts of levy are due and payable for the 2015-16 financial year; and
- sets the levy amounts for the 15 fisheries that are described in regulation 4B of the Fisheries Management Regulations 1992 and in fisheries management plans that have been determined in accordance with section 17 of the Management Act.
The Regulation will collect $12.459 million in management costs from fishing concession holders for the 2015-16 financial year. This amount comprises the cost recovery amount budgeted by the Australian Fisheries Management Authority (AFMA), plus or minus the acquittal from the previous financial year.
The Regulation will also collect $770 258 in research levies on behalf of the Fisheries Research & Development Corporation.
AFMA is required to prepare a cost recovery budget to cover the costs of Commonwealth fisheries management from concession holders each financial year. This includes the costs of developing and implementing management arrangements, data collection and costs of running the management advisory committees. The 2015-16 budget was calculated to be $13.201 million (excluding the Torres Strait Fishery), which is a decrease of 4.46 per cent or $0.617 million on the previous year. Levy amounts for the Torres Strait Fisheries are prescribed in a separate regulation.
Following the acquittal of an underspend in the AFMA budget from the 2014-15 financial year, the amount to be recovered from fishing concession holders for the 2015-16 financial year has decreased by 2.32 per cent on the previous year to $12.459 million.
The cost recoverable budget for 2015-16 has primarily decreased due to significant reductions in research project expenditure and reductions in fishery management expenditure.
Although the overall amount to be collected from the Commonwealth fishing industry has decreased, 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; and
- any changes during the financial year that alter the amount of resources required to administer the fishery.
AFMA remains focussed on providing efficient and cost effective fisheries management. AFMA is working closely with the Commonwealth Fisheries Association (CFA) to identify opportunities for future efficiencies.
There are seven fisheries where there has been a decrease in levy for the 2015-16 financial year compared with the previous financial year. These are:
- Coral Sea Fishery 44.86 per cent ($81 698)
- Eastern Tuna and Billfish Fishery 23.73 per cent ($398 293)
- North West Slope Fishery 20.41 per cent ($20 084)
- Southern and Eastern Scalefish and Shark Fishery
o Great Australian Bight 13.27 per cent ($67 249)
o Gillnet, Hook and Trap 14.42 per cent ($341 043)
o Commonwealth South East Trawl 28.68 per cent ($939 194)
- Southern Bluefin Tuna Fishery 12.65 per cent ($131 699)
- Western Deepwater Trawl Fishery 94.73 per cent ($85 179)
- Western Tuna and Billfish Fishery 21.05 per cent ($55 766)
There are eight fisheries where there has been an increase in levy for the 2015-16 financial year compared with the previous financial year. These are:
- Bass Strait Central Zone Scallop Fishery 162.30 per cent ($205 150)
- Eastern Skipjack Fishery and Western Skipjack Fishery 38.09 per cent ($20 499)
- Heard and McDonald Island Fishery 206.38 per cent ($1 020 915)
- Macquarie Island Fishery 11.73 per cent ($34 182)
- Northern Prawn Fishery 1.50 per cent ($28 847)
- Small Pelagic Fishery 126.65 per cent ($450 073)
- Southern Squid Jig Fishery 432.48 per cent ($65 145)
Note: the Eastern Skipjack Fishery and Western Skipjack Fishery are administered under a single budget.
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 cost recovered budget for each fishery has been prepared in consultation with either the relevant fishery MACs, established under section 54 of the Fisheries Administration Act 1991, 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 CFA.
AFMA is required to recover the costs of fishery management from the fishing industry. Cost recovery is in accordance with AFMA's Cost Recovery Impact Statement 2010 (CRIS 2010), which was approved on 30 September 2010. Cost recovery occurs through annual levy regulations and fee for service. The CRIS 2010 is available at: http://www.afma.gov.au/wp-content/uploads/2014/04/AFMA-Cost-Recovery-Impact-Statement-20101.pdf
The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement is not required for this Instrument consistent with the agreement updated on 30 June 2014 not to require an impact statement assessment for routine legislative instruments of a minor or machinery nature which includes specifically annually setting cost recovery levies (OBPR ID: 17213).
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 2015
Part 1- Preliminary
1 Name
This section provides for the regulation to be cited as the Fishing Levy Regulation 2015 (the Regulation).
2 Commencement
This section provides that the Regulation commences on the day after it is registered.
3 Authority
This section provides that the Regulation is made under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.
4 Schedules
This section provides that the Fishing Levy Regulation 2014 is repealed by Schedule 1.
5 Definitions
This section defines terms used in the Regulation.
6 References to fisheries
This section 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 - Amount of levy
7 Prescribed amounts of levy
This section prescribes the amount of levy payable.
8 Bass Strait Central Zone Scallop Fishery (BSCZSF)
8(1) This section defines a leviable BSCZSF quota statutory fishing right (SFR).
8(2) This section sets the levy payable for a BSCZSF commercial scallop quota SFR in force on or after the commencement of the Regulation and before 30 June 2016.
The amount of levy in respect to a leviable BSCZSF SFR is $0.7531; including a FRDC component of $0.00719.
Table 1: Comparison of the BSCZSF levy base between 2014-15 and 2015-16.
|
|
|
|
|
|
|
|
|
2014-15 |
2015-16 |
Difference |
||
|
|
$ |
$ |
$ |
% |
|
|
Cost recovered budget |
112 714 |
189 640 |
76 925 |
68.25 |
|
|
Prior year (over)/under recoveries |
13 692 |
141 917 |
|
|
|
|
Amount payable (excludes FRDC) |
126 406 |
331 557 |
205 150 |
162.30 |
|
There has been a 162.30 per cent ($205 150) increase in the levy amount for 2015-16 ($331 557) compared to the levy amount payable for 2014-15 ($126 406). This increase is a result of transition to the new harvest strategy for the fishery, which incurred additional costs associated with increasing the Total Allowable Catch (TAC) to 1 500 tonnes for the 2014 season. The increase in the 2015-16 levy also reflects the anticipated management costs for operating a targeted fishery in 2015, compared to the expectation in the 2014-15 budget that only a restricted searching TAC would be set with minimal management costs.
To calculate the levy payable for each commercial scallop quota SFR the research component ($3 198) is added to the total management levy to be collected ($331 557) and then divided by the number of commercial scallop quota SFRs in the fishery (444 500).
9 Coral Sea Fishery (CSF)
9(1) This section defines a leviable CSF fishing permit.
9(2) This section sets the levy payable for a CSF fishing permit in force on or after the commencement of the Regulation and before 30 June 2016.
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 amount of levy with respect to a leviable Tier 1 CSF fishing permit levy is $5 156.63; including a FRDC component of $40.81.
The amount of levy with respect to leviable Tier 2 CSF permits is:
* Hand collection - $619.30 (6 permits); and
* Line, Trap and Trawl - $1 486.32 (10 permits).
Table 1: Comparison of the CSF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
|
$ |
$ |
$ |
% |
|
|
Cost recovered budget |
172 783 |
133 604 |
(39 179) |
(22.68) |
|
|
Prior year (over)/under recoveries |
9 347 |
(33 175) |
|
|
|
|
Amount payable (excludes FRDC) |
182 130 |
100 432 |
(81 698) |
(44.86) |
|
There has been a 44.86 per cent ($81 698) decrease in the levy amount payable for 2015-16 ($100 432) compared to the levy amount payable for 2014-15 ($182 130). This decrease arises from an overall reduction in the cost recovered budget from $172 783 in 2014-15 to $133 604 and a refund of $33 175 as a result of an underspend in the previous year.
The levy payable for each permit is split into two tiers. Tier 1 ($5 156.63) is the levy amount paid by all 16 permit holders representing general fisheries costs. Tier 2 represents the observer budget ($18 579) which is split based on expected use, 80 per cent to Line, Trap and Trawl and 20 per cent to Hand Collection.
10 Eastern Skipjack Fishery (ESF)
10(1) This section defines a leviable ESF fishing permit.
10(2) This section sets out the levy payable for a ESF fishing permit in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable ESF permit is $2 322.28; there is no research component.
Table 16: Comparison of the Skipjack Fisheries levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
58 311 |
77 211 |
18 900 |
32.41 |
|
Prior year (over)/under recoveries |
(4 498) |
(2 898) |
|
|
|
Amount payable (excludes FRDC) |
53 814 |
74 313 |
20 499 |
38.09 |
There has been a 38.09 per cent ($20 499) increase in the levy payable for 2015-16 ($74 313) compared to the levy payable for 2014-15 ($53 814). This increase to the overall levy amount is mainly due to the inclusion of budgeted observer days into the Skipjack Fishery in anticipation of increased effort in 2015-16.
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 ESF is managed under a single budget for both the Western Skipjack Fishery (WSF) and ESF. The method used to calculate the levies combines the number of permits from both fisheries and then divides the total levy base by the total number of permits. There are currently 14 permits in the WSF and 18 permits in the ESF. Therefore, to determine the individual levies the levy base of $74 313 has been divided by 32 permits.
11 Eastern Tuna and Billfish Fishery (ETBF)
11(1) This section defines leviable ETBF boat and quota SFRs.
11(2) This section sets the levy payable for ETBF SFRs in force on or after the commencement of this regulation and before 30 June 2016, as:
|
Item |
Management Levy |
FRDC Levy |
Total Levy |
|
Longline Boat SFR |
$2,980.60 |
- |
$2,980.60 |
|
Minor Line Boat SFR |
$1,354.63 |
- |
$1,354.63 |
|
Albacore Tuna Quota SFR |
$0.0554 |
$0.0048 |
$0.0602 |
|
Bigeye Tuna Quota SFR |
$0.1499 |
$0.0129 |
$0.1628 |
|
Broadbill Swordfish Quota SFR |
$0.1749 |
$0.0150 |
$0.1899 |
|
Striped Marlin Quota SFR |
$0.0367 |
$0.0031 |
$0.0398 |
|
Yellowfin Tuna Quota SFR |
$0.3805 |
$0.0326 |
$0.4131 |
Table 4: Comparison of the ETBF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
1 760 596 |
1 577 925 |
182 671 |
10.38 |
|
Prior year (over)/under recoveries |
(32 492) |
(298 104) |
|
|
|
Less Observer Fee for Service |
50 000 |
- |
|
|
|
Amount payable (excludes FRDC) |
1 678 104 |
1 279 821 |
398 283 |
23.73 |
There has been a 23.73 per cent ($398 293) decrease in the levy amount payable for 2015-16 ($1 279 821) compared to the levy amount payable for 2014-15 ($1 678 104). This decrease to the overall levy amount is mainly due to the implementation of electronic-monitoring into the fishery and an underspend in the levied amount for 2014-15.
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.
12 Heard Island and McDonald Islands Fishery (HIMIF)
12(1) This section defines a leviable HIMIF quota SFR.
12(2) This section sets the levy payable for a HIMIF quota SFR in force on or after the commencement of the Regulation and before 30 June 2016.
The amount of levy in respect to a leviable HIMIF SFR is $27.1649; including a FRDC component of $1.905.
Table 5: Comparison of the HIMIF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
850 736 |
1 511 223 |
660 487 |
77.64 |
|
Prior year (over)/under recoveries |
(60 450) |
595 588 |
|
|
|
Less Observer Fee for Service |
295 610 |
(591 220) |
|
|
|
Amount payable (excludes FRDC) |
494 676 |
1 515 591 |
1 020 915 |
206.38 |
There has been a 206.38 per cent ($1 020 915) increase in the levy amount payable for 2015-16 ($1 515 591) compared to the levy amount payable for 2014-15 ($494 676). The increase is due to an overspend of $595 588 in the 2014-15 financial year because of increased observer and salary costs and an increase of $660 487 in the 2015-16 financial year also with increased observer and salary costs in the fishery.
To calculate the levy payable for each SFR, the research component ($114 300) is added to the total management levy ($1 515 591) to be collected and then divided by the number of commercial SFRs in the fishery (60 000).
13 Macquarie Island Toothfish Fishery (MITF)
13(1) This section defines a leviable MITF quota SFR.
13(2) This section sets the levy payable for a MITF quota SFR in force on the commencement of this regulation and before 30 June 2016.
The amount of levy in respect of a leviable MITF quota SFR is $17.3512; including a FRDC component of $1.0748.
Table 6: Comparison of the MITF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
||
|
|
$ |
$ |
$ |
% |
|
|
Cost recovered budget |
346 300 |
341 163 |
5 137 |
1.48 |
|
|
Prior year (over)/under recoveries |
(19 021) |
47 840 |
|
|
|
|
Less Observer Fee for Service |
73 975 |
(63 475) |
|
|
|
|
Amount payable (excludes FRDC) |
291 346 |
325 528 |
34 182 |
11.73 |
|
There has been an 11.73 per cent ($34 182) increase in the levy amount payable for 2015-16 ($325 528) compared to the levy amount payable for 2014-15 ($291 346). The increase is due to an overspend in the 2014-15 financial year because of increased salary costs, but also includes a small reduction in observer administration costs.
To calculate the levy payable for each SFR, the research component ($21 495) is added to the total management levy ($325 528) to be collected and then divided by the number of commercial SFRs in the fishery (20 000).
14 Northern Prawn Fishery (NPF)
14(1) This section defines a leviable NPF gear statutory fishing rights (SFRs).
14(2) This section sets the levy payable for a NPF gear SFR that is in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable gear SFR is $61.72; including a FRDC component of $6.88.
Table 7: Comparison of the NPF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
2 257 616 |
1 949 794 |
307 822 |
13.63 |
|
Prior year (over)/under recoveries |
(340 567) |
(3 898) |
|
|
|
Amount payable (excludes FRDC) |
1 917 049 |
1 945 896 |
28 847 |
1.50 |
There has been a 1.50 per cent ($28 847) increase in the levy amount payable for 2015-16 ($1 945 896) compared with the levy amount payable for 2014-15 ($1 917 049). This increase is primarily attributable to a greatly reduced refund for 2015-16 ($3 898) as opposed to 2014-15 ($340 567).
The cost recoverable budget component of the 2015-16 NPF budget has decreased by $307 822 (13.63%) compared to the previous year due a decrease in research ($201 422) costs, fisheries management ($15 303) costs, observer ($38 414) costs and data management ($21 218) costs.
To calculate the levy payable for each NPF gear SFR, the total FRDC research levy ($243 943) is added to the total management levy to be collected ($1 945 896) and divided by the number of gear SFRs in the fishery (35 479).
15 North West Slope Trawl Fishery (NWSTF)
15(1) This section defines a leviable NWSTF fishing permit.
15(2) This section sets the levy payable for a NWSTF fishing permit in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable NWSTF fishing permit is $11 552.00; including a FRDC component of $361.14.
Table 8: Comparison of the NWSTF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
106 240 |
91 652 |
14 588 |
13.73 |
|
Prior year (over)/under recoveries |
(7 820) |
(13 316) |
|
|
|
Amount payable (excludes FRDC) |
98 420 |
78 336 |
20 084 |
20.41 |
There has been a 20.41 per cent ($20 084) decrease in the levy amount payable for 2015-16 ($78 336), compared to the levy amount payable for 2014-15 ($98 420). The decrease in the levy payable is attributable to the decrease in the 2015-16 cost recovered budget ($14 588) and underspend in the 2014-15 cost recovered budget ($13 316).
To calculate the levy payable for each NWSTF fishing permit, the total FRDC research levy ($2 528) is added to the total management levy ($98 420) and divided by the number of permits in the fishery (7).
16 Small Pelagic Fishery (SPF)
16(1) This section defines a leviable SPF quota SFR.
16(2) This section sets the levy payable for a SPF quota SFR in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable SPF quota SFR including the FRDC component is $0.013210.
Table 9: Comparison of the SPF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
367 793 |
514 137 |
146 344 |
39.79 |
|
Prior year (over)/under recoveries |
(12 437) |
291 292 |
|
|
|
Amount payable (excludes FRDC) |
355 356 |
805 429 |
450 073 |
126.65 |
There has been a 126.65 per cent ($450 073) increase in the levy amount payable for 2015-16 ($805 429) compared to the levy amount payable for 2014-15 ($355 356). This increase is primarily due to expenses in the 2014-15 year as a result of the increased fishing activity and associated fisheries management and bycatch mitigation costs. These costs are also reflected in the higher cost recovered budget for the 2015-16 year.
To calculate the levy payable for each SPF quota SFR, the total FRDC research levy ($1 005) is added to the total management levy to be collected ($805 429) and divided by the number of quota SFRs in the fishery (61 047 305).
17 and 18 Southern and Eastern Scalefish and Shark Fishery (SESSF)
The 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 Commonwealth South East Trawl Fishery (CSET); 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 continues to be set in terms of the individually managed sectors. As a result the SESSF budget is a combined total of the GABT, GHT and CSET budgets.
17(1) This section defines leviable SESSF boat and quota SFRs
18(1) This section defines leviable SESSF fishing permits.
* Great Australian Bight Trawl Sector (GABT)
The total levy base for the fishery is $466 876 including a research component of $27 500. 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 the Regulation and before 30 June 2016 as;
|
Item |
Management Levy |
FRDC Levy |
Total Levy |
|
GABT boat SFR |
$43 937.60 |
- |
$43 937.60 |
|
Bight Redfish quota SFR |
- |
$0.00462 |
$0.00462 |
|
Deepwater Flathead quota SFR |
- |
$0.00760 |
$0.00760 |
|
Orange roughy (Albany and Esperance) quota SFR |
- |
$0.00034 |
$0.00034 |
Table 10: Comparison of the GABT levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
522 955 |
386 319 |
136 636 |
26.13 |
|
Prior year (over)/under recoveries |
(16 329) |
53 057 |
|
|
|
Amount payable (excludes FRDC) |
506 625 |
439 376 |
67 249 |
13.27 |
There has been a 13.27 per cent ($67 249) decrease in the levy amount payable for 2015-16 ($439 376) compared to the levy payable for 2014-15 ($506 625). This decrease is primarily due to a reduction in research costs associated with the fishery independent survey being largely recovered in 2014-15.
* Gillnet Hook and Trap Sector (GHT)
The total levy base for the fishery is $2 076 554 including a research component of $52 713. 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 the Regulation and before 30 June 2016 as;
|
Item |
Management Levy |
FRDC Levy |
Total Levy |
|
GHT gillnet boat SFR |
$3 151.04 |
- |
$3 151.04 |
|
GHT scalefish boat SFR |
$1 443.79 |
- |
$1 443.79 |
|
GHT shark hook boat SFR |
$2 587.30 |
- |
$2 587.30 |
|
GHT fishing permit |
$1 137.65 |
- |
$1 137.65 |
|
GHT trap fishing permit |
$1 978.53 |
- |
$1 978.53 |
|
GHT autolongline fishing permit |
$2 638.03 |
- |
$2 638.03 |
Table 11: Comparison of the GHT levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
2 367 415 |
2 121 243 |
246 172 |
10.40 |
|
Prior year (over)/under recoveries |
(2 531) |
(97 402) |
|
|
|
Amount payable (excludes FRDC) |
2 364 884 |
2 023 841 |
341 043 |
14.42 |
There has been a 14.42 per cent ($341 043) decrease in the levy amount payable for 2015-16 ($2 023 841) compared to the levy amount payable for 2014-15 ($2 364 884). There has been a decrease in observer and monitoring costs of $121 515 due to the introduction of electronic monitoring services. Research costs budgeted in 2015-16 have also decreased as the fishery independent survey is not being conducted this year.
The fishery management costs have decreased by $70 729 due to reduced staffing allocation and lower consultancy fees. The remaining decrease in costs is attributed to an underspend of $97 402 during the 2014-15 financial year.
* Commonwealth South East Trawl Sector (CSET)
The total levy base for the fishery is $2 452 479 including a research component of $117 405. 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 the Regulation and before 30 June 2016 as;
|
Item |
Management Levy |
FRDC Levy |
Total Levy |
|
CSET trawl boat SFR |
$7 499.95 |
- |
$7 499.95 |
|
ECDT trawl fishing permit |
$438.46 |
- |
$438.46 |
|
VCW trawl fishing permit |
$313.18 |
- |
$313.18 |
Table 12: Comparison of the CSET levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
3 182 732 |
2 476 397 |
706 335 |
22.19 |
|
Prior year (over)/under recoveries |
91 536 |
(141 323) |
|
|
|
Amount payable (excludes FRDC) |
3 274 268 |
2 335 074 |
939 194 |
28.68 |
There was a 28.68 per cent ($939 194) decrease in the levy amount payable for 2015-16 ($2 335 074) compared to the levy payable for 2014-15 ($3 274 268). The large decrease in the cost recovered budget reflects no fishery independent survey being planned for 2015. Costs associated with fisheries management and observers also decreased from 2014-15 to 2015-16.
A number of quota species are caught in both the GHT and CSET sectors of the SESSF. The following table sets out the levy payable for SESSF quota SFRs in force on or after the commencement of the Regulation and before 30 June 2016.
|
Item |
Management Levy |
FRDC Levy |
Total Levy |
|
Alfonsino |
$0.0078 |
$0.00050 |
$0.00829 |
|
Blue eye trevalla |
$0.3764 |
$0.01222 |
$0.38858 |
|
Blue grenadier |
$0.0939 |
$0.00637 |
$0.10024 |
|
Blue warehou |
$0.0042 |
$0.00027 |
$0.00446 |
|
Deepwater shark basket east |
$0.0213 |
$0.00133 |
$0.02261 |
|
Deepwater shark basket west |
$0.0528 |
$0.00347 |
$0.05623 |
|
Elephant fish |
$0.4135 |
$0.00843 |
$0.42190 |
|
Flathead |
$0.1803 |
$0.01226 |
$0.19261 |
|
Gemfish east |
$0.0856 |
$0.00499 |
$0.09058 |
|
Gemfish west (SET) |
$0.0541 |
$0.00325 |
$0.05738 |
|
Gummy shark |
$0.4787 |
$0.01572 |
$0.49440 |
|
Jackass morwong |
$0.0421 |
$0.00285 |
$0.04491 |
|
John dory |
$0.0397 |
$0.00269 |
$0.04239 |
|
Mirror dory |
$0.0539 |
$0.00367 |
$0.05753 |
|
Ocean perch |
$0.0656 |
$0.00397 |
$0.06962 |
|
Orange roughy cascade zone |
$0.0002 |
$0.00002 |
$0.00024 |
|
Orange roughy eastern zone |
$0.0004 |
$0.00002 |
$0.00038 |
|
Orange roughy southern zone |
$0.0006 |
$0.00004 |
$0.00067 |
|
Orange roughy western zone |
$0.0053 |
$0.00036 |
$0.00570 |
|
Oreo basket, other |
$0.0235 |
$0.00159 |
$0.02506 |
|
Oreo smooth cascade |
$0.0001 |
$0.00001 |
$0.00009 |
|
Oreo smooth other |
$0.0004 |
$0.00003 |
$0.00043 |
|
Pink ling |
$0.3671 |
$0.01611 |
$0.38316 |
|
Redfish |
$0.0586 |
$0.00399 |
$0.06257 |
|
Ribaldo |
$0.0538 |
$0.00191 |
$0.05572 |
|
Royal red prawn |
$0.0505 |
$0.00344 |
$0.05394 |
|
Sawshark |
$0.2482 |
$0.00000 |
$0.24821 |
|
School shark |
$0.3795 |
$0.01225 |
$0.39179 |
|
School whiting |
$0.0575 |
$0.00391 |
$0.06143 |
|
Silver trevally |
$0.0345 |
$0.00235 |
$0.03688 |
|
Spotted (silver) warehou |
$0.1276 |
$0.00869 |
$0.13629 |
19 Southern Bluefin Tuna Fishery (SBT)
19(1) This section defines a leviable SBT quota SFR.
19(2) This section sets the levy payable for a SBT quota SFR in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect of a leviable SBT quota SFR is $0.1898; including a FRDC component of $0.0190.
Table 13: Comparison of the SBT levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
1 030 872 |
1 231 904 |
201 032 |
19.50 |
|
Prior year (over)/under recoveries |
10 156 |
(97 542) |
|
|
|
Adjustments |
- |
(225 034) |
|
|
|
Amount payable (excludes FRDC) |
1 041 027 |
909 328 |
131 699 |
12.65 |
There has been a 12.65 per cent ($131 699) decrease in the levy amount payable for 2015-16 ($909 328) compared to the levy amount payable for 2014-15 ($1 041 027).
The Commission for the Conservation of Southern Bluefin Tuna (CCSBT) has agreed to fully fund the Southern Bluefin Tuna Aerial Survey for 2016. The sum of $225 034 that was allocated to this project in the budget has therefore been removed from the SBT levy base for the 2015-16 season.
To calculate the levy payable for each SBT quota SFR the research component ($101 283) is added to the total management levy to be collected ($909 328). The total ($1 010 611) is then divided by the number of commercial SBT quota SFRs in the fishery (5 324 422).
20 Southern Squid Jig Fishery (SSJF)
20(1) This section defines a leviable SSJF gear SFR.
20(2) This section sets the levy payable for each SSJF gear SFR in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable SSJF gear SFR is $15.8986; including a FRDC component of $0.1716.
Table 14: Comparison of the SSJF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
80 649 |
91 835 |
11 186 |
13.87 |
|
Prior year (over)/under recoveries |
(65 586) |
(11 627) |
|
|
|
Amount payable (excludes FRDC) |
15 063 |
80 208 |
65 145 |
432.48 |
There has been a 432.48 per cent ($65 145) increase in the levy payable for 2015-16 ($80 208) compared to the levy payable for 2014-15 ($15 063). This increase is due to a considerable underspend for the SSJF during 2013-14 ($65 586) which was deducted from levies payable in 2014-15. The increase in the 2015-16 levy is also due to increased fisheries management costs and associated salary allocations for the SSJF.
To calculate the levy payable for each SSJF gear SFR, the research component ($875) is added to the total management levy to be collected ($80 208) and then divided by the number of commercial SSJF gear SFRs in the fishery (5 100).
21 Western Deepwater Trawl Fishery (WDTF)
21(1) This section defines a leviable WDWTF fishing permit.
21(2) This section sets the levy payable for a WDTF fishing permit in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable WDTF fishing permit is $460.36; including a FRDC component of $29.55.
Table 15: Comparison of the WDTF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
102 029 |
90 007 |
12 022 |
11.78 |
|
Prior year (over)/under recoveries |
(12 111) |
(85 268) |
|
|
|
Amount payable (excludes FRDC) |
89 918 |
4 739 |
85 179 |
94.73 |
There has been a 94.73 per cent ($85 179) decrease in the levy payable for 2015-16 ($4 739) compared to the levy amount payable for 2014-15 ($89 918). The decrease in the levy payable is attributable to the decrease in the 2015-16 cost recovered budget ($12 022) and underspend in the 2014-15 cost recovered budget ($85 268).
The decrease in the 2015-16 cost recovered budget arises from reductions across management due to no fishing in 2014-15 and no committee meeting, resulting in a significant underspend against the cost recovered budget.
To calculate the levy payable for each WDTF fishing permit, the total FRDC research levy ($325) is added to the total management levy to be collected ($4 739) and divided by the number of fishing permits in the fishery (11).
22 Western Skipjack Fishery (WSF)
22(1) This section defines a leviable WSF fishing permit.
22(2) This section sets out the levy payable for a WSF fishing permit in force on or after the commencement of this regulation and before 30 June 2016.
The amount of levy in respect to a leviable WSF permit is $2 322.28; there is no research component.
Table 16: Comparison of the Skipjack Fisheries levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
58 311 |
77 211 |
18 900 |
32.41 |
|
Prior year (over)/under recoveries |
(4 498) |
(2 898) |
|
|
|
Amount payable (excludes FRDC) |
53 814 |
74 313 |
20 499 |
38.09 |
There has been a 38.09 per cent ($20 499) increase in the levy payable for 2015-16 ($74 313) compared to the levy payable for 2014-15 ($53 814). This increase to the overall levy amount is mainly due to the inclusion of budgeted observer days into the Skipjack Fishery in anticipation of increased effort in 2015-16.
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 WSF is managed under a single budget for both the WSF and ESF. The method used to calculate the levies combines the number of permits from both fisheries and then divides the total levy base by the total number of permits. There are currently 14 permits in the WSF and 18 permits in the ESF. Therefore, to determine the individual levies the levy base of $74 313 has been divided by 32 permits.
23 Western Tuna and Billfish Fishery (WTBF)
23(1) This section defines leviable WTBF boat and quota SFRs.
23(2) This section sets the levy payable for a WTBF boat and quota SFRs in force on or after the commencement of this regulation and before 30 June 2016, as:
|
Item |
Management Levy |
FRDC Levy |
Total Levy |
|
Longline Boat SFR |
$951.14 |
$100.48 |
$1 051.62 |
|
Bigeye Tuna Quota SFR |
$0.0393 |
- |
$0.0393 |
|
Broadbill Swordfish Quota SFR |
$0.0393 |
- |
$0.0393 |
|
Striped Marlin Quota SFR |
$0.0393 |
- |
$0.0393 |
|
Yellowfin Tuna Quota SFR |
$0.0393 |
- |
$0.0393 |
Table 17: Comparison of the WTBF levy base between 2014-15 and 2015-16.
|
|
2014-15 |
2015-16 |
Difference |
|
|
|
$ |
$ |
$ |
% |
|
Cost recovered budget |
294 053 |
243 013 |
51 040 |
17.36 |
|
Prior year (over)/under recoveries |
(29 081) |
(33 806) |
|
|
|
Amount payable (excludes FRDC) |
264 972 |
209 206 |
55 766 |
21.05 |
There has been a 21.05 per cent ($55 766) decrease in the levy amount payable for 2015-16 ($209 206) compared to the levy amount payable for 2014-15 ($264 972). This decrease to the overall levy amount is mainly due to the implementation of electronic monitoring into the fishery and an underspend in the levied amount for 2014-15.
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.
Part 3 - Collection of levy
24 Collection and payment of levy
This section provides that levy is due and payable as per the Fisheries Management Act 1991 and that the levy may be payable in instalments.
25 When levy is due and payable etc.
This section provides that the
levy for 2015-16 will be payable in approximately three equal instalments on
the dates determined in the instrument.
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 2015
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 2015-16 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. Anne Ruston
Parliamentary Secretary to the Minister for Agriculture and Water Resources
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