FISHERIES LEVY (EAST COAST TUNA LONGLINE FISHERY) REGULATIONS (AMENDMENT) 1993 NO. 321

FISHERIES LEVY (EAST COAST TUNA LONGLINE FISHERY) REGULATIONS (AMENDMENT) 1993 NO. 321

STATUTORY RULES 1993 No. 321

Issued by the authority of the Minister for Primary Industries and Energy

Fisheries Levy Act 1984

Fisheries Levy (East Coast Tuna Longline Fishery) Regulations (Amendment)

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

Paragraph 5(b) of the Act provides for the imposition of levy on an endorsement under subsection 9(4) of the Fisheries Act 1952 of a licence granted under subsections 9(2) or 9(3) of that Act.

Subsection 6(1) of the Act provides that the amount of levy imposed upon the endorsement of a fisheries licence is such an amount as provided in the regulations. The various categories of endorsement in the fishery are prescribed in paragraph 6 of Fisheries Notice TEC 5 and paragraph 5 of Fisheries Notice TEC 8. These endorsements allow specified fishing activities to be carried out in defined areas of the East Coast Tuna Longline Fishery.

The proposed Regulations would apply to endorsements granted after the commencement of the proposed Regulations.

The levy recovers management, surveillance and research costs for the fishery directly attributable to those endorsement holders operating in the fishery.

The levy for all categories of endorsement includes the research levy administered by the Research and Development Corporation ($100). A research levy of $75 was incorporated in the levy imposed in 1992/93.

Increases in levy from 1992/93 have also been recommended by the East Coast Tuna Management Advisory Committee for endorsements issued under Fisheries Notice TEC 8 to bring these levies back in line with levies for endorsements issued under Fisheries Notice TEC 5. The 1992/93 levy for endorsements issued under Fisheries Notice TEC 8 was reduced by approximately 25 per cent in recognition of full levy being charged with respect to these endorsements in 1991/92, even though all operators were in the fishery for only part of the year. The differentiation in the amount of levy with respect to paragraph 6(b) of Fisheries Notice TEC 5, between those fishermen who qualified for an endorsement under that paragraph before or after 15 December 1991, is also proposed to he removed.

Rates of levy for the endorsements of the kind referred to in paragraph 6 of Fisheries Notice TEC 5 would change as follows:

•       for endorsements of the kind referred to in paragraph 6(a), from $2350 to $2000.

•       for endorsements of the kind referred to in paragraph 6(b), from $2075 to $1765.

•       for endorsements of the kind referred to in paragraph 6(c), from $1075 to $935.

Rates of levy for the endorsements of the kind referred to in paragraph 5 of Fisheries Notice TEC 8 would change as follows:

•       for endorsements of the kind referred to in paragraph 5(b), from $825 to $900.

•       for endorsements of the kind referred to in paragraph 5(c), from $825 to $900.

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for the amendment of the Regulations.

Regulation 2 provides for the repeal of an ineffective class of endorsement.

Regulation 3 specifies the new amount of levy to be collected under each class of endorsement.

Regulation 4 inserts a mechanism for calculating the levy payable per endorsement where multiple endorsements are held.