Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS (AMENDMENT) 1994 NO. 78

STATUTORY RULES 1994 No. 78

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Southern Shark Fishery) Regulations (Amendment)

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 5 of the Levy Act imposes 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 Regulations.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral 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 as a consequence of regulations made under the Management Act.

"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit.

The Fishing Levy (Southern Shark Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for sectors in the Southern Shark Fishery (the fishery). , The previous effect of the principal Regulations was to require the payment of levy in the amount of $600 on the grant of a fishing permit for the Gillnet Sector and $350 on the grant of specified fishing permits for the Hook Sector. Exemptions were made to the levy for the Hook Sector where the holder of a fishing permit for the Hook Sector also held at any time a fishing permit for the Gillnet Sector.

The Regulations amend the principal Regulations to:

•       incorporate the collection of the contribution of the Southern Shark fishing industry to the Fisheries Research and Development Corporation (the FRDC), into the amounts of levies for each of the Gillnet Sector and the Hook Sector. This contribution is recovered from each of the holders of fishing permits in the fishery, is calculated to be 0.25 per cent of the Gross Value of Product of the fishery and is currently collected under the Fishing Levy (Southern Shark Fishery Research) Regulations (the Research Regulations). The Research Regulations were repealed at the same time as the Regulations commence;

•       apply the resultant new rate of levy for the Gillnet Sector to grants of fishing permits that are made during the period from the commencement of the Regulations to 10 June 1994 inclusive;

•       change the basis on which levy is payable for a fishing permit in the Hook Sector, so that it is calculated by reference to a condition allowing the use of specified numbers of hooks, that is imposed on the fishing permit in answer to an application from the permit holder;

•       increase the amounts of levy for the Hook Sector to new rates of:

-       $1,365 if the condition allows use of not more than 1,000 hooks and $3,130 if the condition allows use of more than 1,000 but not more than 2,000 hooks and in either case if the permit which is made subject to the condition is granted before the commencement of the Regulations; and

-       $1,765 if the condition allows use of not more than 1,000 hooks and $3,530 if the condition allows use of more than 1,000 but not more than 2,000 hooks and in either case if the permit which is made subject to the condition is granted after the commencement of the Regulations and before the end of 10 June 1994.

This differentiation takes into account management and research components of the levy for the Hook Sector amounting to $400, that the holder of a fishing permit granted before the commencement of the Regulations would already be liable to pay under each of the principal Regulations and the Research Regulations; and

•       remove the exemptions that exist under the principal Regulations.

The new amount of levy for the Gillnet Sector incorporates the contribution of the Southern Shark fishing industry to the FRDC, as described above. This levy is otherwise unchanged.

The new amount of levy for the Hook Sector has been calculated following a reassessment of the management costs for the current year that are attributable to the management of the fishery and reflects the recovery of 90 per cent of the recoverable costs of managing the Hook Sector, in accordance with current Commonwealth policy. The increase in the amount of levy takes account of the apportionment of the recoverable management costs of the fishery between the Hook Sector and the Gillnet Sector, based on the relative values of catch that each sector takes from the fishery. Differentiating the amount of levy by reference to limits on the number of hooks, serves to apportion levy among permit holders who are active in the Hook Sector, in proportion to their level of participation in that sector.

The exemptions that existed under the principal Regulations were removed so that the recoverable costs of managing each of the two sectors in the fishery are recovered independently.

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

Regulation 1 provides that the Regulations amend the principal Regulations.

Regulation 2 amends definitions in the principal Regulation to take account of the Regulation being made under both the Management Act as well as the Levy Act.

Regulation 3 amends regulation 3 of the principal Regulations to implement the new amounts of levy for the Hook Sector, apply those levies to relevant conditions imposed during the period from the commencement of the Regulations to the end of 10 June 1994 and implement the new amount of levy for the Gillnet Sector to fishing permits granted during the same period.

Regulation 4 amends regulation 4 of the principal Regulations to provide for payment of the levies to be required by 28 days of them falling incident in relation to a fishing permit.