Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (GREAT AUSTRALIAN BIGHT TRAWL FISHERY) REGULATIONS (AMENDMENT) 1994 NO. 425

STATUTORY RULES 1994 No. 425

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Great Australian Bight Trawl 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. "Fishing concession" is defined under the Levy Act and the Fisheries Management Act 1991 (the Management Act) to mean, among other things, a statutory fishing right.

Subsection 168 (1) of the Management Act empowers the Governor-General to make, among other things, regulations required or permitted by the Management Act to be prescribed. Section 110 of the Management Act provides that 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.

The Fishing Levy (Great Australian Bight Trawl Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of statutory fishing rights granted under the Great Australian Bight Trawl Fishery Management Plan (the Management Plan). The effect of the principal Regulations is to require the payment of levy in the amount of $9,703 per statutory fishing right in the year that the fishing right is granted and further amounts of $9,703 for each subsequent year that the statutory fishing right is in force.

The Regulations amend the principal Regulations to reduce these amounts of levy from $9,703 to $7,000. This reduction reflects the reduced estimated costs of managing the Great Australian Bight Trawl Fishery (the fishery) in 1994/1995 compared to 1993/1994 and also takes account of a carry-over of levy collected in 1993/1994 but not spent in that year. Both the reduced estimated costs and the carry-over result from administrative efficiencies achieved through the implementation of the Management Plan in mid-1993 and the resulting stabilisation of management arrangements.

The majority of the new amount of levy ($6,175) is calculated on the basis of recovering 100 per cent of the recoverable costs of managing the fishery during the 1994/1995 financial year from the holders of statutory fishing rights in the fishery, in accordance with current Government policy.

The remainder of the levy ($825) is calculated on the basis of recovering the contribution of the Great Australian Bight trawl fishing industry to the Fisheries Research and Development Corporation. This contribution is recovered equally from each of the holders of statutory fishing rights in the fishery and is calculated to be 0.25 per cent of the Gross Value of Product of the fishery.

The dates on which levy is due and payable under the principal Regulations are unchanged.

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 of $7,000.