Fishing Levy Regulation 2013

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Select Legislative Instrument No. 258, 2013

I, Quentin Bryce AC CVO, 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 12 December 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Richard Colbeck

Parliamentary Secretary to the Minister for Agriculture

Contents

Part 1—Preliminary

1.1 Name of regulation

1.2 Commencement

1.3 Authority

1.4 Schedule(s)

1.5 Definitions

1.6 References to fisheries

Part 2—Bass Strait Central Zone Scallop Fishery

2.1 Definitions

2.2 Amount of levy—leviable BSCZSF SFR

2.3 When levy must be paid

Part 3—Coral Sea Fishery

3.1 Definitions

3.2 Amount of levy—leviable CSF fishing permit

3.3 When levy must be paid

Part 4—Eastern Skipjack Fishery

4.1 Definitions

4.2 Amount of levy—leviable ESF fishing permit

4.3 When levy must be paid

Part 5—Eastern Tuna and Billfish Fishery

5.1 Definitions

5.2 Amount of levy—leviable ETBF SFR

5.3 When levy must be paid

Part 6—Heard Island and McDonald Islands Fishery

6.1 Definitions

6.2 Amount of levy—leviable HIMI SFR

6.3 When levy must be paid

Part 7—Macquarie Island Toothfish Fishery

7.1 Definitions

7.2 Amount of levy—leviable MITF SFR

7.3 When levy must be paid

Part 8—Northern Prawn Fishery

8.1 Definitions

8.2 Amount of levy—leviable NPF gear SFR

8.3 When levy must be paid

Part 9—North West Slope Trawl Fishery

9.1 Definitions

9.2 Amount of levy—leviable NWSTF fishing permit

9.3 When levy must be paid

Part 10—Small Pelagic Fishery

10.1 Definitions

10.2 Amount of levy—leviable SPF SFR

10.3 When levy must be paid

Part 11—Southern and Eastern Scalefish and Shark Fishery

11.1 Definitions

11.2 Amount of levy—leviable SESSF fishing permits

11.3 Amount of levy—leviable SESSF SFR

11.4 When levy must be paid

Part 12—Southern Bluefin Tuna Fishery

12.1 Definitions

12.2 Amount of levy—leviable SBTF SFR

12.3 When levy must be paid

Part 13—Southern Squid Jig Fishery

13.1 Definitions

13.2 Amount of levy—leviable SSJF gear SFR

13.3 When levy must be paid

Part 14—Western Deepwater Trawl Fishery

14.1 Definitions

14.2 Amount of levy—leviable WDWTF fishing permit

14.3 When levy must be paid

Part 15—Western Skipjack Fishery

15.1 Definitions

15.2 Amount of levy—leviable WSF fishing permit

15.3 When levy must be paid

Part 16—Western Tuna and Billfish Fishery

16.1 Definitions

16.2 Amount of levy—leviable WTBF SFR

16.3 When levy must be paid

Schedule 1—Repeals

Fishing Levy Regulation 2012

Part 1—Preliminary

1.1 Name of regulation

This regulation is the Fishing Levy Regulation 2013.

1.2 Commencement

This regulation commences on the day after it is registered.

1.3 Authority

This regulation is made under the following Acts:

(a) the Fishing Levy Act 1991;

(b) the Fisheries Management Act 1991.

1.4 Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

1.5 Definitions

(1) In this regulation:

AFMA means the Australian Fisheries Management Authority.

fishing permit has the meaning given by the Management Act.

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 within the meaning of the Management Act.

(2) 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) An expression that is used:

(a) 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

(b) in the plan of management;

has the same meaning in this regulation as it has in the plan of management.

1.6 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;

(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 SFR that is:

(a) granted under the Management Act for the BSCZSF; and

(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

2.2 Amount of levy—leviable BSCZSF SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF SFR is $0.3571.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; 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 the 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 2014.

3.2 Amount of levy—leviable CSF fishing permit

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable CSF fishing permit is the sum of:

(a) $2 757.19; and

(b) an amount for each sector of the CSF to which the permit relates, as set out in the table.

Amount for each sector of the CSF to which a leviable CSF permit relates
Item Sector Amount
1 Aquarium $974.56
2 Lobster and trochus collection $974.56
3 Demersal line and trap $2 338.88
4 Demersal trawl and trap $2 338.88
5 Sea cucumber hand collection $974.56

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

Part 4—Eastern Skipjack Fishery

4.1 Definitions

In this Part:

ESF means the 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 2014.

4.2 Amount of levy—leviable ESF fishing permit

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ESF fishing permit is $1 746.15.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

Part 5—Eastern Tuna and Billfish Fishery

5.1 Definitions

In this Part:

ETBF means the Eastern Tuna and Billfish Fishery.

leviable ETBF Albacore Tuna SFR means a quota SFR that:

(a) is granted under the Management Act for the ETBF; and

(b) authorises the holder to take Albacore Tuna; and

(c) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

leviable ETBF Bigeye Tuna SFR means a quota SFR that:

(a) is granted under the Management Act for the ETBF; 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 2014.

leviable ETBF Broadbill Swordfish SFR means a quota SFR that:

(a) is granted under the Management Act for the ETBF; 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 2014.

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 2014.

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 2014.

leviable ETBF SFR means any of the following:

(a) a leviable ETBF Albacore Tuna SFR;

(b) a leviable ETBF Bigeye Tuna 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:

(a) is granted under the Management Act for the ETBF; 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 2014.

leviable ETBF Yellowfin Tuna SFR means a quota SFR that:

(a) is granted under the Management Act for the ETBF; 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 2014.

5.2 Amount of levy—leviable ETBF SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF SFR is the amount mentioned in the table for the SFR.

Amount of levy—leviable ETBF SFRs
Item SFR Amount
1 Leviable ETBF Albacore Tuna SFR $0.0666
2 Leviable ETBF Bigeye Tuna SFR $0.1788
3 Leviable ETBF Broadbill Swordfish SFR $0.1957
4 Leviable ETBF longline boat SFR $2 649.86
5 Leviable ETBF minor line boat SFR $1 189.04
6 Leviable ETBF Striped Marlin SFR $0.0454
7 Leviable ETBF Yellowfin Tuna SFR $0.4998

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

Part 6—Heard Island and McDonald Islands Fishery

6.1 Definitions

In this Part:

HIMI means the 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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

6.2 Amount of levy—leviable HIMI SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $11.65.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

MITF means the Macquarie Island Toothfish Fishery.

7.2 Amount of levy—leviable MITF SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $20.50.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

Part 8—Northern Prawn Fishery

8.1 Definitions

In this Part:

leviable NPF gear SFR means a gear SFR that is:

(a) granted under the Management Act for the NPF; and

(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

NPF means the Northern Prawn Fishery.

8.2 Amount of levy—leviable NPF gear SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $63.58.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; 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) the day before the specified date; and

(ii) a date that applies to the instalment under subsection (2).

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 2014.

NWSTF means the North West Slope Trawl Fishery.

9.2 Amount of levy—leviable NWSTF fishing permit

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSTF fishing permit is $9 365.43.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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;

(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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

SPF means the Small Pelagic Fishery.

10.2 Amount of levy—leviable SPF SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF SFR is the amount mentioned in the table for the SFR.

Amount of levy—leviable SPF SFR
Item SFR Amount
1 Leviable SPF Australian Sardine quota SFR $0.006582
2 Leviable SPF Eastern sub‑area Blue Mackerel quota SFR $0.006582
3 Leviable SPF Eastern sub‑area Jack Mackerel quota SFR $0.006582
4 Leviable SPF Eastern sub‑area Redbait quota SFR $0.006582
5 Leviable SPF Western sub‑area Blue Mackerel quota SFR $0.006582
6 Leviable SPF Western sub‑area Jack Mackerel quota SFR $0.006582
7 Leviable SPF Western sub‑area Redbait quota SFR $0.006582

10.3 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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

Part 11—Southern and Eastern Scalefish and Shark Fishery

11.1 Definitions

In this Part:

ECDT sector means the East Coast Deepwater Trawl sector.

GAB means the Great Australian Bight.

GHT means the Gillnet, Hook and Trap Sectors.

leviable SESSF 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 2014.

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 2014.

leviable SESSF fishing permit means any of the following:

(a) a leviable SESSF autolongline fishing permit;

(b) a leviable SESSF ECDT fishing permit;

(d) a leviable SESSF GHT trap fishing permit;

(e) a leviable SESSF Quota Holding fishing permit;

(f) a leviable SESSF VCW fishing permit.

leviable SESSF GAB trawl boat SFR means a GAB trawl boat SFR that is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

leviable SESSF GHT 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 leviable 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 2014.

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 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 2014.

leviable SESSF gillnet boat SFR means a gillnet boat SFR that is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 leviable 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 2014.

leviable SESSF quota SFR means a quota SFR that:

(a) authorises the holder to take a leviable SESSF quota species mentioned in the table in subsection 11.3(2), 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(3); and

(b) is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

leviable SESSF quota species means a species mentioned in the table in subsection 11.3(2) or the table in subsection 11.3(3).

leviable SESSF scalefish hook boat SFR means a scalefish hook boat SFR that is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

leviable SESSF SFR means any of the following:

(a) a leviable SESSF GAB trawl boat SFR;

(b) a leviable SESSF gillnet boat SFR;

(d) a leviable SESSF scalefish hook boat SFR;

(e) a leviable SESSF shark hook boat SFR;

(f) a leviable SESSF trawl boat SFR.

leviable SESSF shark hook boat SFR means a shark hook boat SFR that is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

leviable SESSF trawl boat SFR means a trawl boat SFR that is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 2014.

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—leviable SESSF fishing permits

(1) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF fishing permit (other than a leviable SESSF Quota Holding fishing permit) is the amount mentioned in the table for the fishing permit.

Amount of levy—leviable SESSF fishing permits
Item Fishing permit Amount
1 Leviable SESSF autolongline fishing permit $3 742.83
2 Leviable SESSF ECDT fishing permit $488.17
3 Leviable SESSF GHT fishing permit $1 108.08
4 Leviable SESSF GHT trap fishing permit $1 052.67
5 Leviable SESSF VCW fishing permit $332.84

(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.

Amount of levy for each quota unit—certain sectors or zones
Item Sector or zone Amount for each quota unit
1 Deepwater Shark East $0.02354
2 Deepwater Shark West $0.03670
3 Oreo $0.02067
4 Ribaldo $0.18023
5 Smooth Oreo (Cascade Plateau) $0.00061
6 Smooth Oreo (other) $0.00053

11.3 Amount of levy—leviable SESSF SFR

(1) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF SFR (other than a leviable SESSF quota SFR) is the amount mentioned in the table for the SFR.

Amount of levy—leviable SESSF SFR
Item SFR Amount
1 Leviable SESSF GAB trawl boat SFR $25 559.00
2 Leviable SESSF gillnet boat SFR $3 589.44
3 Leviable SESSF scalefish hook boat SFR $1 536.33
4 Leviable SESSF shark hook boat SFR $1 943.39
5 Leviable SESSF trawl boat SFR $8 350.23

(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 is the amount mentioned in the table for that species.

Amount of levy—leviable SESSF quota SFR: particular species
Item Quota species Amount
1 Alfonsino $0.02039
2 Bight redfish $0.00523
3 Blue eye trevalla $0.39468
4 Blue grenadier $0.10317
5 Blue warehou $0.01320
6 Deepwater flathead $0.00782
7 Elephantfish $0.36852
8 Flathead $0.16429
9 Gummy shark $0.47919
10 Jackass morwong $0.06141
11 John dory $0.04215
12 Mirror dory $0.10085
13 Ocean perch $0.09748
14 Pink ling $0.39149
15 Redfish $0.02583
16 Royal red prawn $0.04155
17 Saw shark $0.24410
18 School shark $0.46620
19 School whiting $0.03065
20 Silver trevally $0.05725
21 Spotted warehou $0.17026

(3) 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 in a particular sector or zone is the amount mentioned in the table for that species in that sector or zone.

Amount of levy—leviable SESSF quota SFR: particular species in sector or zone
Item Quota species Sector or zone Amount
1 Gemfish Eastern $0.14596
2 Gemfish Western $0.06813
3 Orange roughy Albany and Esperance $0.00334
4 Orange roughy Cascade Plateau $0.00636
5 Orange roughy Eastern $0.00044
6 Orange roughy Southern $0.00061
7 Orange roughy Western $0.00536

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or leviable SESSF SFR, the first instalment becomes due and payable on the earlier of:

(i) 11 February 2014; 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 2014 and before 8 April 2014 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or leviable SESSF SFR, the second instalment becomes due and payable on the earlier of:

(i) 8 April 2014; 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 2014 and before 3 June 2014 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or leviable SESSF SFR, the third instalment becomes due and payable on the earlier of:

(i) 3 June 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

SBTF means the Southern Bluefin Tuna Fishery.

12.2 Amount of levy—leviable SBTF SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.2176.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

SSJF means the Southern Squid Jig Fishery.

13.2 Amount of levy—leviable SSJF gear SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $20.22.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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 2014.

WDWTF means the Western Deepwater Trawl Fishery.

14.2 Amount of levy—leviable WDWTF fishing permit

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $4 601.16.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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 2014.

WSF means the Western Skipjack Fishery.

15.2 Amount of levy—leviable WSF fishing permit

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WSF fishing permit is $1 746.15.

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

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 2014.

leviable WTBF boat SFR means a boat SFR that is:

(a) granted under the Management Act for the WTBF; and

(b) in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2014.

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 2014.

leviable WTBF SFR means any of the following:

(a) a leviable WTBF Bigeye Tuna quota SFR;

(b) a leviable WTBF boat 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 2014.

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 2014.

WTBF means the Western Tuna and Billfish Fishery.

16.2 Amount of levy—leviable WTBF SFR

For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF SFR is the amount mentioned in the table for the SFR.

Amount of levy—leviable WTBF SFR
Item SFR Amount
1 Leviable WTBF Bigeye Tuna quota SFR $0.0564
2 Leviable WTBF boat SFR $1 234.45
3 Leviable WTBF Broadbill Swordfish quota SFR $0.0564
4 Leviable WTBF Striped Marlin quota SFR $0.0564
5 Leviable WTBF Yellowfin Tuna quota SFR $0.0564

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 2014;

(b) the second instalment is due and payable on 8 April 2014;

(2) However:

(a) if a dealing occurs on or after 14 January 2014 and before 11 February 2014 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 2014; 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 2014 and before 8 April 2014 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 2014; 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 2014 and before 3 June 2014 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 2014; and

(ii) the day before the day an application is made to register the transfer under section 46 of the Management Act.

Schedule 1—Repeals

Fishing Levy Regulation 2012

1 The whole of the regulation

Repeal the regulation.

Fishing Levy Regulation 2013

Plain English Summary

Deep dive

Current sections