Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS (AMENDMENT) 1996 NO.53

STATUTORY RULES 1996 No. 53

Issued by the Authority of the Minister for Resources and Energy

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 5 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 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 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.

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 $1,100 for each fishing permit granted for the fishery during the period 1 January 1996 to 31 December 1996; and

*       specify the research component of the levy, to be payable to the Fisheries Research and Development Corporation, to be $60.

As discussed below, collection of levy for the fishery has usually been carried out in arrears.

The Fishing Levy (Bass Strait Scallop Fishery) Regulations (Amendment) (the Regulations) effect a "catch-up" in the collection of levy (as discussed below), by requiring payment of levy in the amount of $2,200 in 2 instalments as follows:

*       a first instalment of levy of $1,100 and in practice payable in about late June 1996, to cover the actual costs of managing the fishery's 1995 fishing season (and other estimated management and research costs of the fishery for the 1995/1996 financial year); and

*       a second instalment of levy, also of $1,100 and in practice payable at the end of November 1996, to cover the estimated costs of managing the fishery's 1996 fishing season (and other management and research costs of the fishery for the 1996/1997 financial year).

The Regulations also specify the research component of the levy, payable to the Fisheries Research and Development Corporation, to be $120.

The Australian Fisheries Management Authority (AFMA) usually collects levies from other fisheries in advance of expenditure on a financial year basis, to cover its estimated recoverable management costs and research costs relating to each fishery. It is current Government policy that these costs be recovered from operators in Commonwealth managed fisheries.

Levy for the fishery has previously been collected in arrears, due to the timing of the fishery's season, which typically runs from about June or July to December in each year. Such an "arrears" arrangement for the 1995/1996 financial year was previously reflected in the principal Regulations, under which levy of $1,100 was to have been collected from holders of fishing permits for the 1996 fishing season at about the end of the 1995/1996 financial year, to cover management and research costs relating to management and research in the fishery during the 1995/1996 financial year and in particular the fishery's 1995 fishing season.

The Regulations effect a "catch-up" in levy collection by providing for collection of levy for the 1995/1996 financial year in arrears and also for collection of levy for the 1996/1997 financial year, mostly in advance.

The Regulations only apply this "catch-up" to fishing permits that are granted in 1996. Due to the nature of the principal Regulations, which currently set levy for fishing permits granted in a defined period (namely 1996), a further amendment to the principal Regulations would be required to implement levy for fishing permits that are granted after the end of 1996. In future years, it is intended that levy only be collected to cover estimated recoverable management and research costs for the fishery that relate to the financial year and fishing season in which the levy is collected.

The "catch-up" brings forward levy collection to take place as early as possible in the financial year to which the levy relates, rather than at about the end of the financial year, or even after the financial year has ended. As a result of the "catch up", it is intended that levy collection for the fishery would in future years occur in about September, which is early in the financial year and is also mid-season, thus coinciding with times when operators who pay the levy have a revenue stream coming from the fishery.

The "catch-up" has been agreed to by the Bass Strait Scallop Consultative Committee, which provides advice to AFMA about management of the fishery. The amounts of levy to be collected are based on budgets that have been agreed to by the Committee.

Under the Regulations, levy is due and payable in respect of fishing permits for the fishery as follows:

*       If a fishing permit is granted in the period 1 January 1996 to 31 October 1996 inclusive, the levy is payable as instalments:

-       the first instalment of $1,100 is due and payable before the end of 28 days after the grant of the fishing permit, and

-        the second instalment, also of $1,100 is due and payable on or before 29 November 1996.

Fishing permits for the fishery are typically granted just prior to the season commencing, so in fact no fishing permits for the fishery's 1996 season were granted before May 1996.

*       If a fishing permit is granted on or after 1 November 1996, all of the levy, that is $2,200 is due and payable before the end of 28 days after the grant of the fishing permit.

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 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.