FISHING LEVY (SOUTHERN SHARK FISHERY RESEARCH) REGULATIONS 1993 NO. 71

FISHING LEVY (SOUTHERN SHARK FISHERY RESEARCH) REGULATIONS 1993 NO. 71

STATUTORY RULES 1993 No. 71

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

Fishing Levy Act 1991

Fishing Levy (Southern Shark Fishery Research) 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 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 any 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 Regulations specify amounts of levy imposed in respect of fishing permits allowing the taking of shark by gillnet and hook methods respectively in the area of the Southern Shark Fishery. The Regulations apply to those permits issued prior to and after the commencement of the Regulations. The effect of the Regulations is to require the payment of levy in the amount of:

•       $45 for each "net unit" (relating to gillnet fishing) specified in a condition of a fishing permit; and

•       $50 in respect of a fishing permit which has on it a condition allowing for the retention of more than a specified limit (by weight) of specified species of shark per trip.

The Regulations also require the payment of the levy:

•       by 31 May 1993, for fishing permits issued prior to the commencement of the Regulations; or

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

Under the Regulations, exceptions and concessions are made as to the amount of levy payable in specified circumstances. The effect of these exceptions and concessions is to allow a person who holds a fishing permit relating to the gillnet method of fishing and a fishing permit relating to the hook method of fishing, to pay levy only in respect of the fishing permit relating to the gillnet method of fishing, no matter in which order the person is granted the permits.

The amount of levy specified by the Regulations is calculated on the basis of recovering the fishing industry's contribution to the Fisheries Research and Development Corporation, from the holders of fishing permits in the Southern Shark Fishery who are active in either or both of the gillnet and hook sectors of the Fishery. This contribution by the fishing industry is calculated to be 0.25 per cent of the Gross Value of Product of the Fishery and is recovered from the gillnet and hook sectors of the Fishery in direct proportion to the percentage of total catch of shark taken by each sector.

The amount of levy specified by the Regulations is in addition to the amount of levy prescribed in respect of a fishing concession in the Fishing Levy Regulations and the Fishing Levy (Southern Shark Fishery) Regulations.

The Regulations commenced on gazettal.