Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FISHERIES LEVY (TORRES STRAIT PRAWN FISHERY) REGULATIONS 1998 NO. 7

STATUTORY RULES 1998 No. 7

Issued by the authority of the Minister for Resources and Energy

Fisheries Levy Act 1984

Torres Strait Fisheries Act 1984

Fisheries Levy (Torres Strait Prawn Fishery) Regulations

Section 8 of the Fisheries Levy Act 1984 (Levy Act) provides that the Governor-General may make regulations for the purposes of sections 5 and 6 of the Levy Act

Section 5 of the Levy Act imposes levy on, amongst other things, the grant or renewal of a licence under the Torres Strait Fisheries Act 1984 (TSF Act). Section 6 of the Levy Act provides that the amount of levy imposed on the grant or renewal of a licence is such amount as is specified in, or calculated in accordance with, the regulations. Section 7 of the Levy Act provides that the levy imposed by the Levy Act is payable at the time of the grant or renewal of the licence.

The Fisheries Levy (Torres Strait Prawn Fishery) Regulations (the Regulations) set a levy for licences granted or renewed in respect of the Torres Strait prawn fishery (the prawn fishery).

Section 19(2) of the TSF Act provides that the Minister may, at his discretion, grant to a person a licence authorising the use of a specified boat for taking fish in the course of commercial fishing and for carrying, or processing and carrying, fish taken with the use of the licensed boat in areas of Australian jurisdiction. "Area of Australian jurisdiction" is defined in section 3 of the TSF Act and includes areas of waters within the Torres Strait Protected Zone, as defined in the Torres Strait Treaty, which is annexed to the TSF Act. Section 24 provides that a Minister may renew a licence granted under section 19.

Section 22 of the TSF Act provides that a licence granted under section 19 of the TSF Act is subject to such conditions as are specified on the licence, and empowers the Minister to vary or revoke a condition or specify further conditions as the case may be. Section 23 of the TSF Act provides, among other things, that a licence granted under section 19 (other than a licence renewed under section 24) remains in force until the day specified for the purpose in the licence, being a day not more than 12 months after the day on which the licence comes into force, or such longer period as may be specified in the regulations.

Section 30 of the Act provides for the establishment of a Torres Strait Protected Zone Joint Authority consisting of the responsible Commonwealth and Queensland Ministers (the PZJA), having such functions as are conferred on it by Part V of the Act in relation to fisheries in respect of which arrangements are made under section 31. An arrangement has been made under section 31 specifying that the prawn fishery is to be managed by the PZJA.

Torres Strait Fisheries Management Notice No 43 made under section 16(1) of the TSF Act prohibits the taking of prawns unless the requirements of clause 7 of the notice are satisfied. One of the requirements contained in clause 7 is that a prawn fishery licence must include a condition that limits the number of days in a year that the boat specified in the licence can be in the area of the prawn fishery.

The PZJA has decided that a levy ought to be imposed for licences granted or renewed in respect of the prawn fishery. In accordance with this decision, the Regulations set the levy on the grant or renewal of a licence granted under section 19(2) of the TSF Act at $730.30 plus $2.43 for each day the boat specified on the licence is entitled to be in the area of the prawn fishery. Levy is payable on the grant or renewal of the licence.

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

Regulation 1 provides that the Regulations may be cited as the Fisheries Levy (Torres Strait Prawn Fishery) Regulations.

Regulation 2 provides definitions of terms used in the Regulations. In particular, the regulation:

*       defines "allocated fishing day" to mean a day that is 1 of the total number of days on which the boat for which the licence was granted may be in the reporting area; and

*       defines "reporting area" as having the meaning given by Torres Strait Fisheries Management Notice No 43.

Regulation 3 provides that for the purposes of section 5 of the Levy Act, levy is prescribed in relation to licences that are granted under subsection 19(2) of the TSF Act and which include a condition under subsection 22(2) of the TSF Act that limits the number of days in a year that the boat for which the licence was granted may be in the reporting area.

Regulation 4 imposes the amount of levy.