I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.
Dated 6 December2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
PETER DOUGLAS SIDEBOTTOM
Parliamentary Secretary for Agriculture, Fisheries and Forestry
Contents
Part 1 Preliminary
1.1 Name of regulation
1.2 Commencement
1.3 Repeal
1.4 Interpretation
1.5 References to fisheries
Part 2 Bass Strait Central Zone Scallop Fishery
2.1 Definitions
2.2 Amount of levy
2.3 When levy must be paid
Part 3 Coral Sea Fishery
3.1 Definitions
3.2 Amount of levy
3.3 When levy must be paid
Part 4 Eastern Skipjack Fishery
4.1 Definitions
4.2 Amount of levy
4.3 When levy must be paid
Part 5 Eastern Tuna and Billfish Fishery
5.1 Definitions
5.2 Amount of levy
5.3 When levy must be paid
Part 6 Heard Island and McDonald Islands Fishery
6.1 Definitions
6.2 Amount of levy
6.3 When levy must be paid
Part 7 Macquarie Island Toothfish Fishery
7.1 Definitions
7.2 Amount of levy
7.3 When levy must be paid
Part 8 Northern Prawn Fishery
8.1 Definitions
8.2 Amount of levy
8.3 When levy must be paid
Part 9 North West Slope Trawl Fishery
9.1 Definitions
9.2 Amount of levy
9.3 When levy must be paid
Part 10 Small Pelagic Fishery
10.1 Definitions
10.2 Amount of levy—leviable SPF SFR
Section 1 - Fishing Levy Regulation 2012 - Fishing Levy Regulation 2012 | Zoe
10.3 When levy must be paid—leviable SPF SFR
Part 11 Southern and Eastern Scalefish and Shark Fishery
11.1 Definitions
11.2 Amount of levy—fishing permits
11.3 Amount of levy—SFR
11.4 When levy must be paid
Part 12 Southern Bluefin Tuna Fishery
12.1 Definitions
12.2 Amount of levy
12.3 When levy must be paid
Part 13 Southern Squid Jig Fishery
13.1 Definitions
13.2 Amount of levy
13.3 When levy must be paid
Part 14 Western Deepwater Trawl Fishery
14.1 Definitions
14.2 Amount of levy
14.3 When levy must be paid
Part 15 Western Skipjack Fishery
15.1 Definitions
15.2 Amount of levy
15.3 When levy must be paid
Part 16 Western Tuna and Billfish Fishery
16.1 Definitions
16.2 Amount of levy
16.3 When levy must be paid
Part 1 Preliminary
1.1 Name of regulation
This regulation is the Fishing Levy Regulation 2012.
1.2 Commencement
This regulation commences on the day after it is registered.
1.3 Repeal
The Fishing Levy Regulations 2011 (Select Legislative Instrument 2011 No. 241) are repealed.
1.4 Interpretation
(1) In this regulation:
AFMA means the Australian Fisheries Management Authority.
Levy Act means the Fishing Levy Act 1991.
Management Act means the Fisheries Management Act 1991.
Management Regulations means the Fisheries Management Regulations 1992.
SFR means a statutory fishing right.
Note Several words and expressions used in this regulation have the meaning given by the Management Act, for example:
fishing permit
statutory fishing right.
(2) Unless the contrary intention appears, an expression that is used in this regulation and in the Management Regulations has the same meaning in this regulation as it has in the Management Regulations.
(3) Unless the contrary intention appears, an expression that is used in this regulation in relation to a fishery for which there is a plan of management determined under section 17 of the Management Act, and that is also used in that plan, has the same meaning in this regulation as it has in the plan.
1.5 References to fisheries
A reference in this regulation to the name of a fishery that is described by that name in regulation 4B of the Management Regulations or in a plan of management determined under section 17 of the Management Act is a reference to the fishery as described in those Regulations or that plan.
Note The following fisheries are described in regulation 4B of the Management Regulations:
(a) Coral Sea Fishery;
(b) Eastern Skipjack Fishery;
(c) North West Slope Trawl Fishery;
(d) Western Deepwater Trawl Fishery;
(e) Western Skipjack Fishery.
Part 2 Bass Strait Central Zone Scallop Fishery
2.1 Definitions
In this Part:
BSCZSF means the Bass Strait Central Zone Scallop Fishery.
leviable BSCZSF SFR means a commercial scallop quota statutory fishing right that is:
(a) granted under the Management Act for the BSCZSF; and
(b) in force on or after the commencement of this regulation.
2.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF SFR is $0.6451.
2.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable BSCZSF SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable BSCZSF SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable BSCZSF SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 3 Coral Sea Fishery
3.1 Definitions
In this Part:
CSF means Coral Sea Fishery.
leviable CSF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the CSF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
3.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable CSF fishing permit is the sum of:
(a) $3,085.08; and
(b) an amount for each sector of the CSF to which the permit relates, as set out in the table.
Item
For this sector ...
the amount is ...
1
Aquarium
$1,380.00
2
Lobster and trochus collection
$1,380.00
3
Demersal line and trap
$3,312.00
4
Demersal trawl and trap
$3,312.00
5
Sea cucumber hand collection
$1,380.00
3.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable CSF fishing permit, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable CSF fishing permit, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable CSF fishing permit, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 4 Eastern Skipjack Fishery
4.1 Definitions
In this Part:
ESF means Eastern Skipjack Fishery.
leviable ESF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the ESF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
4.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ESF fishing permit is $2,059.31.
4.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ESF fishing permit, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ESF fishing permit, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ESF fishing permit, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 5 Eastern Tuna and Billfish Fishery
5.1 Definitions
In this Part:
ETBF means Eastern Tuna and Billfish Fishery.
leviable ETBF Albacore Tuna SFR means a quota SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) authorises the holder to take Albacore Tuna; and
(c) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable ETBF Bigeye Tuna SFR means a quota SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) authorises the holder to take Bigeye Tuna; and
(c) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable ETBF Broadbill Swordfish SFR means a quota SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) authorises the holder to take Broadbill Swordfish; and
(c) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable ETBF longline SFR means a longline SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable ETBF minor line SFR means a minor line SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable ETBF SFR means any of the following:
(a) a leviable ETBF Albacore Tuna SFR;
(b) a leviable ETBF Bigeye Tuna SFR;
(c) a leviable ETBF Broadbill Swordfish SFR;
(d) a leviable ETBF longline boat SFR;
(e) a leviable ETBF minor line boat SFR;
(f) a leviable ETBF Striped Marlin SFR;
(g) a leviable ETBF Yellowfin Tuna SFR.
leviable ETBF Striped Marlin SFR means a quota SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) authorises the holder to take Striped Marlin; and
(c) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable ETBF Yellowfin Tuna SFR means a quota SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) authorises the holder to take Yellowfin Tuna; and
(c) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2012.
5.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy for a leviable ETBF SFR is the amount mentioned in the table for the SFR.
Item
For this SFR ...
the amount is ...
1
leviable ETBF Albacore Tuna SFR
$0.0659
2
leviable ETBF Bigeye Tuna SFR
$0.1812
3
leviable ETBF Broadbill Swordfish SFR
$0.2072
4
leviable ETBF longline boat SFR
$2,356.50
5
leviable ETBF minor line boat SFR
$1,053.99
6
leviable ETBF Striped Marlin SFR
$0.0508
7
leviable ETBF Yellowfin Tuna SFR
$0.5059
5.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ETBF SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ETBF SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ETBF SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 6 Heard Island and McDonald Islands Fishery
6.1 Definitions
In this Part:
HIMI means Heard Island and McDonald Islands Fishery.
leviable HIMI SFR means a SFR that is:
(a) granted under the Management Act for the HIMI; and
(b) in force on or after the commencement of this regulation.
6.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $17.37.
6.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable HIMI SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable HIMI SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable HIMI SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 7 Macquarie Island Toothfish Fishery
7.1 Definitions
In this Part:
leviable MITF SFR means a SFR that is:
(a) granted under the Management Act for the MITF; and
(b) in force on or after the commencement of this regulation.
MITF means Macquarie Island Toothfish Fishery.
7.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $13.26.
7.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable MITF SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable MITF SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable MITF SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 8 Northern Prawn Fishery
8.1 Definitions
In this Part:
leviable NPF gear SFR means a gear statutory fishing right that is:
(a) granted under the Management Act for the NPF; and
(b) in force on or after the commencement of this regulation.
NPF means Northern Prawn Fishery.
8.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $74.94.
8.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NPF gear SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NPF gear SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NPF gear SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
(3) If the Northern Prawn Fishery Management Plan 1995 is to be revoked after the commencement of this regulation but before an instalment is due and payable under subsection (1):
(a) AFMA must, as soon as practicable before the plan is revoked, notify each holder of a leviable NPF gear SFR that the plan is to be revoked on a specified date; and
(b) the instalment is due and payable on the earlier of:
(i) day before the specified date; and
(ii) a date that applies to the instalment under subsection (2).
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 9 North West Slope Trawl Fishery
9.1 Definitions
In this Part:
leviable NWSTF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the NWSTF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
NWSTF means North West Slope Trawl Fishery.
9.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSTF fishing permit is $22,318.00.
9.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NWSTF fishing permit, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NWSTF fishing permit, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NWSTF fishing permit, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 10 Small Pelagic Fishery
10.1 Definitions
In this Part:
leviable SPF Australian Sardine quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Australian Sardine; and
(c) is in force on or after the commencement of this regulation.
leviable SPF Eastern sub-area Blue Mackerel quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Eastern sub-area Blue Mackerel; and
(c) is in force on or after the commencement of this regulation.
leviable SPF Eastern sub-area Jack Mackerel quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Eastern sub-area Jack Mackerel; and
(c) is in force on or after the commencement of this regulation.
leviable SPF Eastern sub-area Redbait quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Eastern sub-area Redbait; and
(c) is in force on or after the commencement of this regulation.
leviable SPF SFR means any of the following:
(a) a leviable SPF Australian Sardine quota SFR;
(b) a leviable SPF Eastern sub-area Blue Mackerel quota SFR;
(c) a leviable SPF Easter sub-area Jack Mackerel quota SFR;
(d) a leviable SPF Eastern sub-area Redbait quota SFR;
(e) a leviable SPF Western sub-area Blue Mackerel quota SFR;
(f) a leviable SPF Western sub-area Jack Mackerel quota SFR;
(g) a leviable SPF Western sub-area Redbait quota SFR.
leviable SPF Western sub-area Blue Mackerel quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Western sub-area Blue Mackerel; and
(c) is in force on or after the commencement of this regulation.
leviable SPF Western sub-area Jack Mackerel quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Western sub-area Jack Mackerel; and
(c) is in force on or after the commencement of this regulation.
leviable SPF Western sub-area Redbait quota SFR means a quota SFR that:
(a) is granted under the Management Act for the SPF; and
(b) authorises the holder to take Western sub-area Redbait; and
(c) is in force on or after the commencement of this regulation.
SPF means Small Pelagic Fishery.
10.2 Amount of levy—leviable SPF SFR
For section 6 of the Levy Act, the prescribed amount of levy for a leviable SPF SFR is the amount mentioned in the table for the SFR.
Item
For this SFR ...
the amount is ...
1
leviable SPF Australian Sardine quota SFR
$0.0021
2
leviable SPF Eastern sub-area Blue Mackerel quota SFR
$0.0021
3
leviable SPF Eastern sub-area Jack Mackerel quota SFR
$0.0021
4
leviable SPF Eastern sub-area Redbait quota SFR
$0.0021
5
leviable SPF Western sub-area Blue Mackerel quota SFR
$0.0021
6
leviable SPF Western sub-area Jack Mackerel quota SFR
$0.0021
7
leviable SPF Western sub-area Redbait quota SFR
$0.0021
10.3 When levy must be paid—leviable SPF SFR
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SPF SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SPF SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SPF SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 11 Southern and Eastern Scalefish and Shark Fishery
11.1 Definitions
In this Part:
ECDT sector means East Coast Deepwater Trawl sector.
GAB means Great Australian Bight.
GHT means Gillnet, Hook and Trap Sectors.
leviable SESS autolongline fishing permit means a fishing permit that:
(a) is granted under the Management Act for the SESSF; and
(b) authorises fishing with automatic baiting equipment in the Commonwealth Scalefish Hook Sector of the SESSF; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable SESSF ECDT fishing permit means a fishing permit that:
(a) is granted under the Management Act for the SESSF; and
(b) authorises fishing by trawling methods for the ECDT sector; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable SESSF fishing permit or SFR means any of the following:
(a) a leviable SESSF autolongline fishing permit;
(b) a leviable SESSF ECDT fishing permit;
(c) a leviable SESSF GAB trawl boat SFR;
(d) a leviable SESSF GHT fishing permit;
(e) a leviable SESSF GHT linked fishing permit;
(f) a leviable SESSF GHT trap fishing permit;
(g) a leviable SESSF gillnet boat SFR;
(h) a leviable SESSF Quota Holding fishing permit;
(i) a leviable SESSF scalefish hook boat SFR;
(j) a leviable SESSF shark hook boat SFR;
(k) a leviable SESSF trawl boat SFR;
(l) a leviable SESSF VCW fishing permit.
leviable SESSF GAB trawl boat SFR means a GAB trawl boat statutory fishing right that is in force on or after the commencement of this regulation.
leviable SESSF GHT fishing permit:
(a) means a fishing permit that:
(i) is granted under the Management Act for:
(A) the South Australian Coastal Waters Sector of the SESSF; or
(B) the Tasmanian Coastal Waters Sector of the SESSF; or
(C) the Tasmanian Rock Lobster Sector of the SESSF; and
(ii) authorises the taking of fish of one or more SESSF GHT quota species; and
(iii) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013; but
(b) does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat SFR granted under the Plan.
Note SESSF GHT fishing permits are granted under the Plan to replace OCS permits: see sections 39, 40 and 43 of the Plan.
leviable SESSF GHT linked fishing permit means a fishing permit that:
(a) is granted under the Management Act for:
(i) the South Australian Coastal Waters Sector of the SESSF; or
(ii) the Tasmanian Coastal Waters Sector of the SESSF; or
(iii) the Tasmanian Rock Lobster Sector of the SESSF; and
(b) authorises the taking of fish of one or more SESSF GHT quota species; and
(c) includes a condition requiring the boat nominated for the permit to be the nominated boat for a boat SFR granted under the Plan; and
(d) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
Note SESSF GHT fishing permits are granted under the Plan to replace OCS permits: see sections 39, 40 and 43 of the Plan.
leviable SESSF GHT quota species means a species mentioned in column 2 of the table in subsection 11.3 (2).
leviable SESSF GHT trap fishing permit means a fishing permit that:
(a) is granted under the Management Act; and
(b) authorises fishing with fish traps in the Commonwealth Scalefish Hook Sector of the SESSF; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable SESSF gillnet boat SFR means a gillnet boat statutory fishing right that is in force on commencement of this regulation.
leviable SESSF Quota Holding fishing permit means a fishing permit that:
(a) is granted under the Management Act for the SESSF; and
(b) authorises the holder to take one or more SESSF quota species; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable SESSF quota SFR means a quota statutory fishing right that:
(a) authorises the holder to take a leviable SESSF quota species, or to take a leviable SESSF quota species in a particular sector or zone mentioned for the species in the table in subsection 11.3 (2); and
(b) is in force on or after the commencement of this regulation.
leviable SESSF scalefish hook boat SFR means a scalefish hook boat statutory fishing right that is in force on or after the commencement of this regulation.
leviable SESSF shark hook boat SFR means a shark hook boat statutory fishing right that is in force on or after the commencement of this regulation.
leviable SESSF trawl boat SFR means a trawl boat statutory fishing right that is in force on or after the commencement of this regulation.
leviable SESSF VCW fishing permit means a fishing permit that:
(a) is granted under the Management Act for the VCW of the SESSF; and
(b) authorises fishing by trawling methods; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.
SESSF means the Southern and Eastern Scalefish and Shark Fishery.
VCW means the Victorian Coastal Waters Sector of the SESSF.
11.2 Amount of levy—fishing permits
(1) For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the fishing permit mentioned in the item.
Item
For this fishing permit ...
the amount is ...
1
leviable SESSF autolongline fishing permit
$4,156.96
2
leviable SESSF ECDT fishing permit
$563.91
3
leviable SESSF GHT fishing permit
$1,349.66
4
leviable SESSF GHT linked fishing permit
$1,349.66
5
leviable SESSF GHT trap fishing permit
$1,299.05
6
leviable SESSF VCW fishing permit
$384.48
(2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF Quota Holding fishing permit is worked out by:
(a) multiplying the amount of levy in an item of the table by the number of quota units authorised to be taken by the permit for the section or zone in the item; and
(b) adding together the totals for each applicable item.
Item
Sector or zone
Amount of levy for each quota unit
1
Deepwater Shark East
$0.0523
2
Deepwater Shark West
$0.0627
3
Oreo
$0.0043
4
Ribaldo
$0.0659
5
Smooth Oreo (Cascade Plateau)
$0.0405
6
Smooth Oreo (other)
$0.0057
11.3 Amount of levy—SFR
(1) For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1
leviable SESSF GAB trawl boat SFR
$18,708.90
2
leviable SESSF gillnet boat SFR
$4,429.55
3
leviable SESSF scalefish hook boat SFR
$1,895.91
4
leviable SESSF shark hook boat SFR
$2,398.25
5
leviable SESSF trawl boat SFR
$9,318.84
(2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF quota SFR that authorises the taking of a particular species, or a particular species in a particular sector or zone, is the amount mentioned in the table for that species, or that species in a sector or zone.
Item
Quota species
Sector or zone
Amount of levy
1
Alfonsino
$0.0024
2
Bight redfish
$0.0053
3
Blue eye trevalla
$0.5022
4
Blue grenadier
$0.1724
5
Blue warehou
$0.0240
6
Deepwater flathead
$0.0073
7
Elephantfish
$0.1752
8
Flathead
$0.1627
9
Gemfish
Eastern sector
$0.2449
10
Gemfish
Western sector
$0.1300
11
Gummy shark
$0.6611
12
Jackass morwong
$0.0847
13
John dory
$0.0519
14
Mirror dory
$0.2206
15
Ocean perch
$0.1226
16
Orange roughy
Albany and Esperance
$0.0052
17
Orange roughy
Cascade Plateau zone
$0.0554
18
Orange roughy
Eastern zone
$0.0008
19
Orange roughy
Southern zone
$0.0009
20
Orange roughy
Western zone
$0.0080
21
Pink ling
$0.4034
22
Redfish
$0.0495
23
Royal red prawn
$0.0392
24
Saw shark
$0.0978
25
School shark
$0.8283
26
School whiting
$0.0422
27
Silver trevally
$0.0884
28
Spotted warehou
$0.2069
11.4 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 12 Southern Bluefin Tuna Fishery
12.1 Definitions
In this Part:
leviable SBTF SFR means a SFR that is:
(a) granted under the Management Act for the SBTF; and
(b) described in section 8 of the Southern Bluefin Tuna Fishery Management Plan 1995; and
(c) in force on or after the commencement of this regulation.
SBTF means Southern Bluefin Tuna Fishery.
12.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.3228.
12.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SBTF SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SBTF SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SBTF SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 13 Southern Squid Jig Fishery
13.1 Definitions
In this Part:
leviable SSJF gear SFR means a gear SFR that is:
(a) granted under the Management Act for the SSJF; and
(b) described in the Southern Squid Jig Fishery Management Plan 2005; and
(c) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
SSJF means Southern Squid Jig Fishery.
13.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $21.2473.
13.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SSJF gear SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SSJF gear SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SSJF gear SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 14 Western Deepwater Trawl Fishery
14.1 Definitions
In this Part:
leviable WDWTF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the WDWTF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
WDWTF means Western Deepwater Trawl Fishery.
14.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $8,517.00.
14.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDWTF fishing permit, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDWTF fishing permit, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDWTF fishing permit, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 15 Western Skipjack Fishery
15.1 Definitions
In this Part:
leviable WSF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the WSF; and
(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
WSF means Western Skipjack Fishery.
15.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WSF fishing permit is $2,059.31.
15.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WSF fishing permit, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WSF fishing permit, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDSF fishing permit, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 16 Western Tuna and Billfish Fishery
16.1 Definitions
In this Part:
leviable WTBF Bigeye Tuna quota SFR means a quota SFR that:
(a) is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Bigeye Tuna; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable WTBF Boat SFR means a boat SFR that:
(a) is granted under the Management Act for the WTBF; and
(b) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable WTBF Broadbill Swordfish quota SFR means a quota SFR that:
(a) is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Broadbill Swordfish; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable WTBF SFR means any of the following:
(a) a leviable WTBF Bigeye Tuna quota SFR;
(b) a leviable WTBF Boat SFR;
(c) a leviable WTBF Broadbill Swordfish quota SFR;
(d) a leviable WTBF Striped Marlin quota SFR;
(e) a leviable WTBF Yellowfin Tuna quota SFR.
leviable WTBF Striped Marlin quota SFR means a quota SFR that:
(a) is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Striped Marlin; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
leviable WTBF Yellowfin Tuna quota SFR means a quota SFR that:
(a) is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Yellowfin Tuna; and
(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.
WTBF means the Western Tuna and Billfish Fishery.
16.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1
leviable WTBF Bigeye Tuna quota SFR
$0.0407
2
leviable WTBF Boat SFR
$979.92
3
leviable WTBF Broadbill Swordfish quota SFR
$0.0407
4
leviable WTBF Striped Marlin quota SFR
$0.0407
5
leviable WTBF Yellowfin Tuna quota SFR
$0.0407
16.3 When levy must be paid
(1) For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:
(a) the first instalment is due and payable on 11 February 2013;
(b) the second instalment is due and payable on 8 April 2013;
(c) the third instalment is due and payable on 3 June 2013.
(2) However:
(a) if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WTBF SFR, the first instalment becomes due and payable on the earlier of:
(i) 11 February 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(b) if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WTBF SFR, the second instalment becomes due and payable on the earlier of:
(i) 8 April 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act; and
(c) if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WTBF SFR, the third instalment becomes due and payable on the earlier of:
(i) 3 June 2013; and
(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.