EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 3

 

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

Fisheries Levy Act 1984

 

Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1)

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Section 8 of the Fisheries Levy Act 1984 (Levy Act) provides that the Governor-General may make regulations for the purposes of sections 5 and 6 of the Levy Act.

Section 5 of the Levy Act imposes levy on, amongst other things, the grant or renewal of a licence granted under subsection 19(2) or (3) of the Torres Strait Fisheries Act 1984 (TSF Act).  Section 6 of the Levy Act provides that the amount of levy imposed on the grant or renewal of a licence is such amount as is specified in, or calculated in accordance with, the regulations.  Section 7 of the Levy Act provides that levy is payable at the time of the grant or renewal of the licence.

The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No.  ) (the Regulations) set a levy for licences granted or renewed in respect of the Torres Strait Prawn Fishery (the fishery).

Subsection 19(2) of the TSF Act provides that the Minister may, at his or her discretion, grant to a person a licence in respect of a boat authorizing the use of that boat for taking fish in the course of commercial fishing in areas of the Australian jurisdiction and for carrying, or processing and carrying, fish that have been taken, in areas of the Australian jurisdiction, with the use of the licensed boat. Section 24 provides that the Minister may renew a licence granted under section 19.

In 1996 the Protected Zone Joint Authority (PZJA), consisting of the relevant Commonwealth and State Ministers, agreed that levy would be imposed on Torres Strait Prawn Fishery fishing licences. 

The purpose of the Regulations is to increase the levy for licences granted or renewed and also in respect of the number of fishing days authorised by that licence.  The Regulations amend the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 (the Principal Regulations) to set the levy at $2680.27 for each licence, plus $14.93 for each fishing day authorised by that licence.  Compared to the current levy, this represents a decrease from $2,699.20 for each licence and an increase from $9.43 for each authorised fishing day.

The net effect for an individual licence holder is a minimal overall difference from the previous year. For example, a licence holder with 100 authorised fishing days in 2005 would have paid $3,612.20 ($2,699.20 + 100 x $9.43). This is compared to $3,710.44 ($2,680.27 + 69 x $14.93) for the 2006 season.

The proposed levy base has been notified to the Torres Strait Prawn Fishery Working Group (including representatives from the Torres Strait Prawn Entitlement Holders Association), the  Queensland Seafood Industry Association and all licence holders.

Licenses will be granted or renewed in February 2006.  Applications for grant or renewal will be made with the knowledge that this levy is payable. 

The Office of Regulation Review advised that a Regulation Impact Statement is not mandatory on the basis that the levy is of a minor or machinery nature and does not substantially alter existing arrangements (ID7902).

The Levy Act does not specify any conditions as needing to be met before the power to make the Regulations may be exercised.

Details of the Regulations, which commenced on the day after they were registered on the Federal Register of Legislative Instruments, are set out below.

Regulation 1 provides for the Regulations to be cited as Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1).

Regulation 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3 provides that Schedule 1 amends the Principal Regulations.

Schedule 1 Item 1 amends regulation 4 of the Principal Regulations to change the amount of levy imposed.