Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 271

STATUTORY RULES 2000 No. 271

Issued by the Authority of the Minister for Agriculture, Forestry and Fisheries

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Amendment Regulations 2000 (No. 3)

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 a 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.

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 the 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 purpose of the Fishing Levy Amendment Regulations (the Regulations) is to amend the provisions of the Fishing Levy Regulations 1999 (the Principal Regulations) relating to the South Tasman Rise (STR) Fishery. The Principal Regulations provide that levy is payable for each permit for the STR Fishery at the rate of 10 cents per kilo of landed orange roughy. This levy has not been invoiced or collected by AFMA for the current STR Fishery permits as the arrangements for setting levy have been under review. This review was undertaken by AFMA, in consultation with the South Tasman Rise Australian Trawl Association and all permit holders.

As a result of this review it was agreed that a levy should be set at $3000 for each permit in force for the STR Fishery. All permit holders were informed in February 2000 that permits in force for the current fishing season would attract a levy of $3000. The Regulations implement this arrangement.

The Regulations commenced on gazettal.

Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 2000 (No. 3).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Principal Regulations.

Schedule 1 Item 1 amends regulations 18.1, 18.2 and 18.3 of the Principal Regulations to change the amount of levy that is payable for an STR Fishery permit and to set the dates by which that levy must be paid.