Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS 1991 NO. 112

STATUTORY RULES 1991 No. 112

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

FISHERIES LEVY ACT 1984

FISHERIES LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS

Paragraphs 5(bc) and 5(bd) of the Fisheries Levy Act 1984 (the Act) provide for the imposition of levy upon the allocation and renewal of the allocation, respectively, of units of fishing capacity, being units of fishing capacity prescribed by regulations for the purposes of those paragraphs.

Subsection 6(1) of the Act provides, so far as is relevant, that the amount of levy imposed on the allocation or renewal of the allocation of a unit of fishing capacity is such amount as is provided in the regulations.

The purpose of the Fisheries Levy (Bass Strait Scallop Fishery) Regulations (the Regulations) is to set the rate of levy for the Bass Strait Scallop Fishery. The levy of $2,000 on the allocation of a unit of fishing capacity will recover management costs for the Fishery. Allocation of a unit of fishing capacity under the Bass Strait Scallop Fishery Preliminary management Plan entitles the holder of the unit to use a single boat in the Fishery. The Bass Strait Scallop Fishery Preliminary Management Plan enhances earlier management strategies for the Fishery and complements the management strategies of Victoria and Tasmania in their adjacent scallop fisheries.

Details of the Regulations are set out below:

Regulation 1 provides for the Regulations to be cited as the Fisheries Levy (Bass Strait Scallop Fishery) Regulations.

Regulation 2 defines the phrases "Plan of Management" and "the Act" for the purposes of the Regulations.

Regulation 3 prescribes a unit of fishing capacity allocated or renewed under the Plan of Management for the purposes of paragraphs 5(bc) and 5(bd) of the Act.

Regulation 4 specifies $2,000 as the amount of levy payable on the allocation or renewal of the allocation of a unit of fishing capacity in accordance with the Bass Strait Scallop Fishery Preliminary Management Plan.

The Regulations came into effect upon Gazettal.