Fisheries (Fees, Royalties and Levies) Regulations 2017
S.R. No. 118/2017
Version incorporating amendments as at
16 December 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provisions 1
3 Commencement 1
4 Revocations 1
5 Definitions and interpretation 2
Part 2—Commercial fishery licences and individual quota units 4
Division 1—Fees 4
6 Application fees—commercial fishery licences 4
7 Transfer fees for commercial fishery licences 5
8 Time for application for renewal of renewable licence 5
9 Licence fees for commercial fishery licences 5
10 Manner in which and date by which fees are payable 5
11 Fee for application for transfer of individual abalone quota units 6
12 Fee for application for transfer of individual quota units for fisheries other than the abalone fishery 6
13 Fees for variation of a commercial fishery licence 6
14 Fee to obtain abalone quota unit holding statement 6
15 Fee for a notification by holder of an individual abalone quota unit 7
Division 2—Royalties 7
16 Prescribed factors for fixing royalty rates 7
17 Royalty for individual abalone quota unit 7
18 Manner in which and date by which royalty is payable 9
Division 3—Levies 9
19 Levies on access licences 9
20 Levies on fish receiver licences 12
21 Levies on aquaculture licences 12
22 Levies on individual quota units 14
23 Research levy for Fisheries Research and Development Corporation 16
24 Levy for making grants under section 151(5) of the Act 18
25 Manner in which and date by which levies payable 18
26 Reduction or waiver of levies 19
27 Refund of grants levy 20
Part 3—Recreational fishery licences 21
28 Fees payable for group recreational fishery licences 21
29 Levies payable for recreational fishery licences 21
Part 4—Permits 23
Division 1—General permits 23
30 General permit fees 23
Division 2—Protected aquatic biota permits 23
31 Protected aquatic biota permit fees 23
Section 1 - Fisheries (Fees, Royalties and Levies) Regulations 2017 - Fisheries (Fees, Royalties and Levies) Regulations 2017 | Zoe
Part 5—Boat registration 25
32 Fishing boat registration fee 25
33 Fishing boat registration renewal fee 25
34 Fishing boat registration transfer fee 25
Schedule 1—Regulations revoked 26
Schedule 2—Application and transfer fees for commercial fishery licences 27
Schedule 3—Levies for access licences 30
Schedule 5—Levies for aquaculture licences 34
Schedule 6—Levies for individual quota units 36
Schedule 7—Levies for grants made under section 151(5) of the Act 38
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Endnotes 40
1 General information 40
2 Table of Amendments 42
3 Amendments Not in Operation 43
4 Explanatory details 44
Version No.005
Fisheries (Fees, Royalties and Levies) Regulations 2017
S.R. No. 118/2017
Version incorporating amendments as at
16 December 2021
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are to prescribe—
(a) fees, royalties and levies payable in respect of commercial fishery licences, individual quota units, recreational fishery licences, permits and boat registrations under the Fisheries Act 1995; and
(b) other provisions relating to those fees, royalties and levies.
2 Authorising provisions
These Regulations are made under sections 150, 151, 151A and 153 of the Fisheries Act 1995.
3 Commencement
These Regulations come into operation on 29 January 2018.
4 Revocations
The Regulations listed in Schedule 1 are revoked.
5 Definitions and interpretation
(1) In these Regulations—
Reg. 5(1) def. of abalone fishery inserted by S.R. No. 164/2019 reg. 5(1).
abalone fishery has the same meaning as abalone (commercial) fishery has in Schedule 16 to the Fisheries Regulations 2019;
abalone fishery access licence means any of the following classes of access licence—
commercial fisherylicence means any of the following licences—
(a) an access licence;
(b) an aquaculture licence;
(c) a fish receiver licence;
Fisheries Research and Development Corporation means the Fisheries Research and Development Corporation established under section 8 of the Primary Industries Research and Development Act 1989 of the Commonwealth;
general permit means a permit issued under section 49 of the Act;
protected aquatic biota permit means a permit issued under section 72 of the Act;
renewable licence means an access licence, a fish receiver licence or any class of licence prescribed for the purposes of section 57(1) of the Act;
the Act means the Fisheries Act 1995.
Reg. 5(2) amended by S.R. No. 164/2019 reg. 5(2).
(2) A reference in these Regulations to a particular class of commercial fishery licence is a reference to that class of commercial fishery licence within the meaning of the Fisheries Regulations 2019[1].
Part 2—Commercial fishery licences and individual quota units
Division 1—Fees
6 Application fees—commercial fishery licences
(1) The application fee for the issue of a commercial fishery licence of a class specified in Column 2 of the Table in Schedule 2 is the fee specified in Column 3 of that Table corresponding to that class of licence.
(2) Despite subregulation (1)—
(a) a person who applies for more than one aquaculture licence to conduct aquaculture activities at the same specified area is liable to pay only one application fee in discharge of the application fees which would otherwise be individually payable for the licences; and
(b) the fee that is payable is the highest of the fees that would be individually payable in respect of the licences.
(3) Despite subregulation (1)—
(a) a person who applies for an Aquaculture (Private Land—Yabbies Multi-waters) Licence is not liable to pay the application fee which would otherwise be individually payable if that person holds a current Aquaculture (Private Land—Yabbies) Licence which specifies the same specified area on the application; and
(b) a person who applies for an Aquaculture (Private Land—Yabbies) Licence is not liable to pay the application fee which would otherwise be individually payable if that person holds a current Aquaculture (Private Land—Yabbies Multi-waters) Licence which specifies the same specified area on the application.
7 Transfer fees for commercial fishery licences
The fee for the transfer of a commercial fishery licence of a class specified in Column 2 of the Table in Schedule 2 is the fee specified in Column 4 of that Table that corresponds to that class of licence.
8 Time for application for renewal of renewable licence
(1) An application for renewal of a renewable licence must be made by the date specified by the Victorian Fisheries Authority.
(2) The Victorian Fisheries Authority must give each licence holder to whom subregulation (1) applies notice of the specified date in writing at least 14 days before the specified date.
9 Licence fees for commercial fishery licences
The fee for the issue or renewal of any commercial fishery licence is 2·6 fee units.
10 Manner in which and date by which fees are payable
(1) The fee prescribed under regulation 9 for the renewal of a commercial fishery licence is payable to the Victorian Fisheries Authority annually by the date specified by the Victorian Fisheries Authority.
(2) The Victorian Fisheries Authority must give each licence holder to whom subregulation (1) applies notice of the specified date in writing at least 14 days before the specified date.
Note
Under section 58 of the Act, the Victorian Fisheries Authority may require the holder of a fishery licence to show sufficient cause why the licence should not be cancelled or suspended if the holder of the licence has not paid any fee that is due in respect of the licence within 14 days of the date that it was due. If the licence holder fails to show sufficient cause the Victorian Fisheries Authority may cancel or suspend the licence in accordance with that section.
11 Fee for application for transfer of individual abalone quota units
The fee for an application for the transfer of one or more individual abalone quota units under section 66K of the Act is 15·3 fee units.
Reg. 12 substituted by S.R. No. 164/2019 reg. 6.
12 Fee for application for transfer of individual quota units for fisheries other than the abalone fishery
The fee for an application for the transfer of a fraction of, or one or more, individual quota units under section 65A of the Act in a quota fishery other than the abalone fishery is 2·6 fee units.
13 Fees for variation of a commercial fishery licence
The application fee for the variation of a commercial fishery licence is 2·6 fee units.
14 Fee to obtain abalone quota unit holding statement
For the purposes of section 66H(2) of the Act, the application fee to obtain an abalone quota unit holding statement is 2·6 fee units.
15 Fee for a notification by holder of an individual abalone quota unit
The fee payable for a notification to the Victorian Fisheries Authority under section 66J(1) of the Act of the nomination of the holder of an abalone fishery access licence to take abalone under an individual abalone quota unit is 2·6 fee units.
Division 2—Royalties
16 Prescribed factors for fixing royalty rates
For the purposes of section 150(2)(b)(vii) of the Act the number of licences or individual abalone quota units in a fishery or fishery zone are prescribed factors.
17 Royalty for individual abalone quota unit
For the purposes of section 150 of the Act, the royalty payable in respect of an individual abalone quota unit is the amount calculated in accordance with the following formula—
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where—
GVPr is the average weighted beach price per kilogram of abalone for the financial year preceding the licensing year in which the royalty is payable multiplied by the weight of abalone in kilograms allocated to the individual abalone quota unit in the quota period for the licensing year in which the royalty is payable;
FS is comprised of—
(a) the total combined amount of each of the levies set out in Columns 3, 4, 5 and 6 of the Table in Schedule 6 corresponding to that class of individual abalone quota unit; and
(b) an amount determined in accordance with the formula—
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where—
A is the amount of the levy set out in Column 3 of the Table in Schedule 3 corresponding to the class of abalone fishery access licence in respect of which the quota unit is allocated;
B is the number of abalone fishery access licences of the class referred to in "A" that are in force immediately before the quota period for the licensing year in which the royalty is payable for the abalone zone in respect of which the individual abalone quota unit is held;
C is the number of individual abalone quota units allocated in respect of the abalone zone referred to in "B";
FRDC is the amount of the levy for research provided by the Fisheries Research and Development Corporation calculated under regulation 23(1)(d) in respect of that class of individual abalone quota unit.
18 Manner in which and date by which royalty is payable
(1) The royalty prescribed under regulation 17 is payable to the Victorian Fisheries Authority annually by the date specified by the Victorian Fisheries Authority.
Note
Under section 66Q of the Act, failure to pay the royalty imposed in respect of an individual abalone quota unit within 14 days of the date that the payment of the royalty is due may result in suspension of the entitlement under the individual abalone quota unit until the royalty is paid. Failure to pay the royalty within 12 months will result in cancellation of the individual abalone quota unit on the day after the end of that period.
(2) The Victorian Fisheries Authority must give each individual abalone quota unit holder to whom subregulation (1) applies a written notice of the specified date at least 14 days before the specified date.
Division 3—Levies
19 Levies on access licences
(1) For the purposes of section 151(1) of the Act the following classes of access licence are prescribed—
(a) an Abalone Fishery (Central Zone) Access Licence;
(b) an Abalone Fishery (Eastern Zone) Access Licence;
(c) an Abalone Fishery (Western Zone) Access Licence;
(d) a Bait (General) Fishery Access Licence;
Reg. 19(1)(da) inserted by S.R. No. 164/2019 reg. 7(1)(a).
(da) a Banded Morwong Fishery Access Licence;
(e) a Corner Inlet Fishery Access Licence;
(f) an Eel Fishery Access Licence;
(g) a Giant Crab Fishery (Western Zone) Access Licence;
(h) a Gippsland Lakes (Bait) Fishery Access Licence;
Reg. 19(1)(i) revoked by S.R. No. 163/2021 reg. 4.
(j) a Gippsland Lakes (Mussel Dive) Fishery Access Licence;
(k) a Lake Tyers (Bait) Fishery Access Licence;
(l) a Mallacoota Lower Lake (Bait) Fishery Access Licence;
(m) an Ocean Fishery Access Licence;
Reg. 19(1)(n) substituted by S.R. No. 164/2019 reg. 7(1)(b).
(n) an Octopus Fishery Access Licence;
Reg. 19(1)(na) inserted by S.R. No. 164/2019 reg. 7(1)(b).
(na) a Pipi Fishery Access Licence;
(o) a Purse Seine (Ocean) Fishery Access Licence;
(p) a Rock Lobster Fishery (Eastern Zone) Access Licence;
(q) a Rock Lobster Fishery (Western Zone) Access Licence;
(r) a Scallop Dive (Port Phillip Bay) Fishery Access Licence;
(s) a Scallop (Ocean) Fishery Access Licence;
(t) a Sea Urchin Fishery Access Licence;
(u) a Snowy River (Bait) Fishery Access Licence;
(v) a Sydenham Inlet (Bait) Fishery Access Licence;
(w) a Trawl (Inshore) Fishery Access Licence;
(x) a Western Port/Port Phillip Bay Fishery Access Licence;
(y) a Wrasse (Ocean) Fishery Access Licence.
(2) For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of each class of access licence set out in Column 2 of the Table in Schedule 3—
(a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of access licence;
(b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of access licence;
(c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of access licence;
(d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of access licence.
(3) Despite the levies prescribed under subregulation (2)(a) to (d), if the averaged annual catch over the 3 financial years preceding the licensing year in which the levies are payable in respect of any class of access licence subject to those levies is less than 500 kilograms, the total amount of levy payable instead of those levies for each licence in that class of licence must not exceed 38·9 fee units.
Reg. 20 substituted by S.R. No. 164/2019 reg. 8.
20 Levies on fish receiver licences
(1) For the purposes of section 151(1) of the Act, a Fish Receiver (Abalone) Licence is a prescribed class of licence.
(2) For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of a Fish Receiver (Abalone) Licence—
(a) for management services, a nil levy;
Reg. 20(2)(b) amended by S.R. No. 19/2020 reg. 4(a).
(b) for compliance services, a levy of 96·2 fee units;
(c) for research services, a nil levy;
Reg. 20(2)(d) amended by S.R. No. 19/2020 reg. 4(b).
(d) for administration services, a levy of
237·4 fee units.
21 Levies on aquaculture licences
(1) For the purposes of section 151(1) of the Act, the following classes of aquaculture licence are prescribed—
(a) an Aquaculture (Crown Land—Abalone) Licence;
(b) an Aquaculture (Crown Land—Bivalve Shellfish) Licence;
(c) an Aquaculture (Crown Land—Eels) Licence;
(d) an Aquaculture (Crown Land—Offshore) Licence;
(e) an Aquaculture (Crown Land—Other) Licence;
(f) an Aquaculture (On-shore Abalone) Licence;
(g) an Aquaculture (Private Land—Eels) Licence;
(h) an Aquaculture (Private Land—Indoor Intensive) Licence;
(i) an Aquaculture (Private Land—Marine) Licence;
(j) an Aquaculture (Private Land—Ornamentals) Licence;
(k) an Aquaculture (Private Land—Other) Licence;
(l) an Aquaculture (Private Land—Salmonids) Licence;
(m) an Aquaculture (Private Land—Tourism) Licence;
(n) an Aquaculture (Private Land—Warm Water Finfish) Licence;
(o) an Aquaculture (Private Land—Yabbies) Licence;
(p) an Aquaculture (Private Land—Yabbies Multi-waters) Licence.
(2) For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of each class of aquaculture licence specified in Column 2 of the Table in Schedule 5—
(a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of licence;
(b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of licence;
(c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of licence;
(d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of licence.
(3) Despite the levies prescribed under subregulation (2)(a) to (d), if the averaged annual production of fish over the 3 financial years preceding the licensing year in which the levies are payable in respect of any class of aquaculture licence subject to those levies is less than 500 kilograms, the total amount of levy payable instead of those levies for each licence in that class of licence must not exceed 38·9 fee units.
22 Levies on individual quota units
(1) For the purposes of section 151(1) of the Act, the following classes of individual quota unit are prescribed—
(a) an individual Blacklip abalone quota unit (Central Zone);
(b) an individual Blacklip abalone quota unit (Eastern Zone);
(c) an individual Blacklip abalone quota unit (Western Zone).
(d) an individual giant crab quota unit (Western Zone);
(e) an individual Greenlip abalone quota unit (Central Zone);
(f) an individual Greenlip abalone quota unit (Western Zone);
Reg. 22(1)(fa) inserted by S.R. No. 164/2019 reg. 9.
(fa) an individual octopus quota unit;
Reg. 22(1)(fb) inserted by S.R. No. 164/2019 reg. 9.
(fb) an individual pipi quota unit;
(g) an individual rock lobster quota unit (Eastern Zone);
(h) an individual rock lobster quota unit (Western Zone).
(2) For the purposes of section 151(1) of the Act the following levies are prescribed in respect of each class of individual quota unit specified in Column 2 of the Table in Schedule 6—
(a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of individual quota unit;
(b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of individual quota unit;
(c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of individual quota unit;
(d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of individual quota unit;
(e) the levy for making a grant under section 151(5) of the Act (if any) set out in Column 7 of that Table corresponding to that class of individual quota unit.
Note to reg. 22 revoked by S.R. No. 19/2020 reg. 5.
23 Research levy for Fisheries Research and Development Corporation
(1) For the purposes of section 151(1) of the Act, the following levies are prescribed for the purposes of research carried out on behalf of the Fisheries Research and Development Corporation—
(a) for each class of access licence prescribed in regulation 19(1)(g), (p) and (q), a levy calculated in accordance with the following formula—
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(b) for each class of licence prescribed in regulations 19(1)(d) to (f), (h) to (o) and (r) to (y) and 21 a levy calculated in accordance with the following formula—
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(c) for each class of individual quota unit prescribed in regulation 22(1)(d), (g) and (h), a levy calculated in accordance with the following formula—
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(d) for each class of individual abalone quota unit prescribed in regulation 22(1)(a) to (c), (e) and (f), a levy calculated in accordance with the following formula—
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(2) In this regulation—
A means the number of licences of the relevant class held in the relevant fishery zone as at 1 January immediately before the commencement of the licensing year in which the levy is payable;
B means the number of licences of the relevant class held in the relevant fishery as at 1 January immediately before the commencement of the licensing year in which the levy is payable;
C means the number of individual quota units of the relevant class held in the relevant fishery zone as at 1 January immediately before the commencement of the licensing year in which the levy is payable;
D means the number of individual abalone quota units of the relevant class held in the relevant abalone fishery zone as at 1 January immediately before the commencement of the licensing year in which the levy is payable;
GVPf means the average weighted beach price per kilogram of fish landed from the relevant fishery or fishery zone over the 3 financial years immediately before the commencement of the licensing year in which the levy is payable, multiplied by the average weight per year of fish in kilograms landed from the relevant fishery or fishery zone over those 3 financial years.
24 Levy for making grants under section 151(5) of the Act
For the purposes of section 151(1) of the Act the following levies are prescribed for the purposes of making grants under section 151(5) of the Act—
(a) for each class of licence set out in Column 2 of the Table in Schedule 7, the levy set out in Column 3 of that Table corresponding to that class of licence; and
(b) for each class of individual quota unit set out in Column 2 of the Table in Schedule 7, the levy set out in Column 3 of that Table corresponding to that class of individual quota unit.
Note to reg. 24 revoked by S.R. No. 19/2020 reg. 6.
25 Manner in which and date by which levies payable
(1) A levy prescribed under regulation 19, 20, 21, 22, 23 or 24 is payable to the Victorian Fisheries Authority annually by the date specified by the Victorian Fisheries Authority.
(2) The Victorian Fisheries Authority must give each licence holder or individual quota unit holder to whom subregulation (1) applies notice of the specified date in writing at least 14 days before the specified date.
Notes
1 Under section 58 of the Act, the Victorian Fisheries Authority may require the holder of a fishery licence to show sufficient cause why the licence should not be cancelled or suspended if the holder of the licence has not paid any levy that is due in respect of the licence within 14 days of the date that it was due. If the licence holder fails to show sufficient cause the Victorian Fisheries Authority may cancel or suspend the licence in accordance with that section.
2 Under section 66Q of the Act, failure to pay the levy for an individual abalone quota unit specified in regulation 22, 23 or 24 within 14 days of the date that the levy was due may result in suspension of the entitlement under the individual abalone quota unit until the levy is paid. Failure to pay the levy within 12 months will result in cancellation of the individual abalone quota unit on the day after the end of that period.
26 Reduction or waiver of levies
(1) The Minister may, in accordance with subregulation (2), reduce or waive in whole or in part a levy payable under regulation 19, 20, 21 or 22 in respect of any class of licence or individual quota unit for—
(a) management services; or
(b) compliance services; or
(c) research services; or
(d) administration services.
(2) The Minister may reduce or waive a levy imposed for any of the services referred to in subregulation (1), if the Minister is satisfied that—
(a) the level of those services provided in the licensing year prior to the licensing year in respect of which the levy is payable, was materially less than the level of services on which the levy imposed in the prior licensing year was based; or
(b) the level of those services to be provided in the licensing year in respect of which the levy is payable will be materially less than the level of those services on which the levy is based.
27 Refund of grants levy
The Minister may refund any levy or part of a levy imposed for the purposes of making a grant under section 151(5) of the Act to the person who at the date of the refund is the holder of the licence, individual quota unit or permit in respect of which the levy was paid, in the event that any proceeds of the levy are not granted to any person or body by the end of the licensing year in which the levy was paid.
Part 3—Recreational fishery licences
28 Fees payable for group recreational fishery licences
(1) The application fee for a group recreational fishery licence issued under section 46 of the Act is 2·51 fee units.
(2) The Minister may, in writing, waive the fee prescribed under subregulation (1) if the Minister is satisfied that special circumstances apply.
29 Levies payable for recreational fishery licences
(1) For the purposes of section 151(1) of the Act, a recreational fishery licence is a prescribed class of licence.
(2) For the purposes of section 151(1) of the Act, the following levies are prescribed—
(a) for a recreational fishery licence with a duration of 3 years, 6·8 fee units;
(b) for a recreational fishery licence with a duration of 1 year, 2·51 fee units;
(c) for a recreational fishery licence with a duration of 28 days, 1·43 fee units
(d) for a recreational fishery licence with a duration of 3 days, $10.
(3) Despite subregulation (2)(a) and (b), the levy prescribed for the purposes of section 151(1) of the Act for a recreational fishery licence that is applied for online through the website administered by the Victorian Fisheries Authority is—
(a) for a recreational fishery licence with a duration of 3 years, 6·44 fee units
(b) for a recreational fishery licence with a duration of 1 year, 2·36 fee units.
(4) A person must pay the relevant levy prescribed under subregulation (2) or (3) before a recreational fishery licence is issued to that person.
(5) For the purposes of section 151(6) of the Act the Minister may exempt a person or class of persons from the payment of a levy prescribed under subregulation (2) or (3) if the Minister is satisfied that special circumstances apply.
Part 4—Permits
Division 1—General permits
30 General permit fees
(1) Subject to subregulation (2), the application fee for the issue of a general permit is 10·2 fee units.
(2) The application fee for the issue of a general permit in respect of a developing fishery is 15·3 fee units.
(3) The application fee for either of the following variations by the Victorian Fisheries Authority of a general permit is 10·2 fee units—
(a) a variation or revocation of a condition imposed on the permit;
(b) the imposition of a new condition on the permit.
(4) The Victorian Fisheries Authority may, in writing, waive the fee prescribed under subregulation (1) or (3) if the Victorian Fisheries Authority is satisfied that special circumstances apply.
(5) The application fee for the reissue of a general permit by the Victorian Fisheries Authority under section 49(5) of the Act is 10·2 fee units.
Division 2—Protected aquatic biota permits
31 Protected aquatic biota permit fees
(1) The application fee for the issue of a protected aquatic biota permit is 10·2 fee units.
(2) The application fee for either of the following variations by the Victorian Fisheries Authority of a protected aquatic biota permit is 10·2 fee units—
(a) a variation or revocation of a condition imposed on the permit;
(b) the imposition of a new condition on the permit.
(3) The Victorian Fisheries Authority may, in writing, waive the fee prescribed under subregulation (1) or (2) if the Victorian Fisheries Authority is satisfied that special circumstances apply.
Part 5—Boat registration
Reg. 32 amended by S.R. No. 164/2019 reg. 10(1).
32 Fishing boat registration fee
The application fee for the registration of a boat under Part 5 of the Fisheries Regulations 2019 is 2·6 fee units.
Reg. 33 amended by S.R. No. 164/2019 reg. 10(1).
33 Fishing boat registration renewal fee
The application fee for renewal of the registration of a boat under Part 5 of the Fisheries Regulations 2019 is 2·6 fee units.
Reg. 34 amended by S.R. No. 164/2019 reg. 10(1).
34 Fishing boat registration transfer fee
The application fee for the transfer of the registration of a boat under Part 5 of the Fisheries Regulations 2019 is 2·6 fee units.
Note to reg. 34 amended by S.R. No. 164/2019 reg. 10(2).
Note
For the purposes of section 114 of the Act, the carrying out of the commercial fishing activities set out in regulation 152 of the Fisheries Regulations 2019 from a boat that is not registered under Part 5 of those Regulations is prohibited.
Schedule 1—Regulations revoked
Regulation 4
S.R. No.
Title
4/2008
Fisheries (Fees, Royalties and Levies) Regulations 2008
92/2008
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2008
3/2009
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2009
13/2010
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2010
12/2011
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2011
28/2013
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2013
168/2013
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013
5/2014
Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014
96/2014
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014
12/2015
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2015
8/2016
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2016
71/2016
Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016
1/2017
Fisheries (Fees, Royalties and Levies) Amendment Regulations 2017
58/2017
Fisheries and Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Further Amendment Regulations 2017
Sch. 2 amended by S.R. Nos 164/2019 reg. 11, 163/2021 reg. 5.
Schedule 2—Application and transfer fees for commercial fishery licences
Western Port/Port Phillip Bay Fishery Access Licence
32⋅1 fee units
30
Wrasse (Ocean) Fishery Access Licence
32⋅1 fee units
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Fisheries (Fees, Royalties and Levies) Regulations 2017, S.R. No. 118/2017 were made on 22 November 2017 by the Governor in Council under sections 150, 151, 151A and 153 of the Fisheries Act 1995, No. 92/1995 and came into operation on 29 January 2018: regulation 3.
The Fisheries (Fees, Royalties and Levies) Regulations 2017 will sunset 10 years after the day of making on 22 November 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Fisheries (Fees, Royalties and Levies) Regulations 2017 by statutory rules, subordinate instruments and Acts.
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 5(2): S.R. No. 163/2019.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑