Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS 1992 NO. 457

STATUTORY RULES 1992 No. 457

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

FISHING LEVY ACT 1991

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS

Section 8 of the Fishing Levy Act 1991 (the Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Act.

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

Levy is imposed under the Fisheries Levy Act 1984 on licences issued under section 9 of the Fisheries Levy Act 1952 (the Fisheries Act) in relation to the South East Fishery (the fishery). The Fisheries Act was repealed by the Fisheries Legislation (Consequential Provisions) Act 1991 and preserved by that Act in relation to the fishery, until the expiry of the licences. The licences expire on 31 December 1992. From 1 January 1993, the Management Act will apply to the fishery. From that date, fishing permits will take effect to regulate fishing in the fishery.

The Regulations specify amounts of levy imposed in respect of fishing permits allowing the taking of shark by gillnet and hook methods respectively. The effect of the Regulations is to require the payment of levy in the amount of.

•       $600 for each net unit specified in a condition of a fishing permit; and

•       $350 in respect of a fishing permit which has on it a condition allowing for the retention of more than a specified limit (by weight) of specified species of shark per trip.

Under the Regulations. exceptions and concessions are made to the liability to pay levy in specified circumstances. The effect of these exceptions and concessions is to allow a person who holds a fishing permit relating to the gillnet method of fishing and a fishing permit relating to the hook method of fishing, to pay levy only in respect of the fishing permit relating to the gillnet method of fishing, no matter in which order the person is granted the permits.

Liability to pay levy under the Fishing Levy Regulations is unaffected.

The Regulations commenced on gazettal.