Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS (AMENDMENT) 1995 NO. 66

STATUTORY RULES 1995 No. 66

Issued by the Authority of the Minister for Resources

Fishing Levy Act 1991

Fishing Levy (Bass Strait Scallop 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. Sections and 6 of the Levy Act commenced prior to the issue of the fishing concessions, in respect of which the levy is imposed.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General 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 in accordance with 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.

Subsection 80(1) of the Fisheries Administration Act 1991 (the Administration Act) provides that if levy is received by the Commonwealth under, among other things, the Levy Act then only a portion of that levy is payable to the Australian Fisheries Management Authority. The portion that is not so payable comprises, among other things, a research component payable to the Fisheries Research and Development Corporation (FRDC).

The Fishing Levy (Bass Strait Scallop Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the Bass Strait Scallop Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $850 for each fishing permit granted for the fishery,

The Regulations amend the principal Regulations to:

•       reduce the amount of levy from $850 to $640, for fishing permits granted during the period 1 January 1995 to 31 December 1995; and

•       specify the research component of the levy, payable to the FRDC, to be $60. This amount is described in the Regulations in terms used in the Administration Act.

The effect of the Regulations is to require the payment of levy in the amount of $640 by:

•       if the fishing permit is granted before 5 April 1995 (the date on which the Regulations commenced) - 3 May 1995; and

•       in any other case - 28 days after the grant of a fishing permit.

The new amount of levy is calculated on the basis of recovering all of the recoverable costs of managing the fishery from the users of the resource in accordance with the Government policy on cost recovery in Commonwealth managed fisheries. A surplus amount of levy carried over from previous years, as well as further economies in budgeting for the management of the fishery, has led to the proposed reduction in the amount of levy from the current amount of levy.

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 regulation 3 of the principal Regulations to implement the new rate of levy for fishing permits granted after 1 January 1995 and to specify the research component of the levy.

Regulation 3 amends regulation 4 of the principal Regulations to set new dates for when the new rate of levy is due and payable.