FISHING LEVY (BASS STRAIT, SCALLOP FISHERY) REGULATIONS 1993 NO. 70

FISHING LEVY (BASS STRAIT, SCALLOP FISHERY) REGULATIONS 1993 NO. 70

STATUTORY RULES 1993 No. 70

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

Fishing Levy Act 1991

Fishing Levy (Bass Strait, Scallop 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. 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 the amount of levy imposed in respect of fishing permits allowing the taking of fish known as scallops (bivalve molluscs of the family Pectinidae) by dredging or trawling methods, within the area of the Bass Strait Scallop 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 $900:

•       by 31 May 1993, 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.

This amount of levy is calculated on the basis of recovering 90 per cent of the estimated costs of managing the Bass Strait Scallop Fishery during the 1992-1993 financial year from the holders of fishing permits in the Fishery.

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.

The Schedule to the Regulations specifies the area of the Bass Strait Scallop Fishery.

The Regulations commenced on gazettal.