Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS (AMENDMENT) 1994 NO. 234

STATUTORY RULES 1994 No. 234

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 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 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.

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 $900 for each fishing permit granted for the fishery.

The Regulations amend the principal Regulations to reduce the amount of levy from $900 to $850, for fishing permits granted after 1 January 1994. The effect of the Regulations is to require the payment of levy in the amount of $850:

•       by 14 days after the commencement of the Regulations, for fishing permits issued prior to the commencement of the Regulations; and

•       on the grant of a fishing permit, for fishing permits issued on or after the commencement of the Regulations.

The new amount of levy is calculated on the basis of recovering 90 per cent of the 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 has led to a reduction in the amount of levy due for the 1993/94 financial year.

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 1994.

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