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FISHING LEVY (NORTH EAST DEMERSAL LINE FISHERY) REGULATIONS 1994 NO. 72

FISHING LEVY (NORTH EAST DEMERSAL LINE FISHERY) REGULATIONS 1994 NO. 72

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 72

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (North East Demersal Line Fishery) Regulations

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.

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 as a consequence of 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 (North East Demersal Line Fishery) Regulations (the principal Regulations) specify the amount of levy imposed in respect of fishing permits granted for the North East Demersal Line Fishery (the fishery). The previous effect of the principal Regulations was to require the payment of levy in the amount of $1,575 per fishing permit.

The Regulations amend the principal Regulations to reduce the amount of levy from $1,575 to $1,464 for fishing permits granted during the 1993/1994 financial year and preserve the liability to pay the higher rate of levy for permits granted on or before 30 June 1993.

The new amount of levy is calculated on the basis of recovering from the holders of fishing permits in the fishery, 90 per cent of the estimated recoverable costs of managing the fishery during the 1993/1994 financial year, in accordance with current Commonwealth policy. The reduction in the amount of levy would reflect significantly lower recoverable costs of managing the fishery in 1993/1994 compared to 1992/1993. The major management efforts in the fishery in the 1993/1994 financial year were concentrated on the development of policy for a legislative plan of management for the fishery. Current policy is that the cost of this activity should not be recoverable from participants in the fishery, thus resulting in the lower recoverable costs. This policy is supported by findings of the Costs Recovery Taskforce, which are still to be considered by the Commonwealth.

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 preserve the old rate of levy for fishing permits granted on or before 30 June 1993 and to implement the new rate of levy for fishing permits granted during the 1993/1994 financial year.

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

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