Fisheries Management Act 1991 and the Fishing Levy Act 1991
This compilation was prepared on 11 October 2002
taking into account amendments up to SR 2002 No. 238
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
Part 1 Preliminary
1.1 Name of Regulations [see Note 1]
1.2 Commencement [see Note 1]
1.3 Fishing Levy Regulations 2000 — repeal
1.4 Definitions
1.5 References to fisheries
Part 1A Bass Strait Scallop Fishery
1A.1 Definition
1A.2 Amount of levy
1A.3 When levy must be paid
Part 2 Christmas Island and Cocos (Keeling) Islands Fishery
2.1 Definition
2.2 Amount of levy
2.3 When levy must be paid
Part 3 Coral Sea Fishery
3.1 Definition
3.2 Amount of levy
3.3 When levy must be paid
Part 4 East Coast Deepwater Zone Fishery
4.1 Definition
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 Great Australian Bight Trawl Fishery
6.1 Definitions
6.2 Amount of levy
6.3 When levy must be paid
Part 7 Heard Island and McDonald Islands Fishery
7.1 Definition
7.2 Amount of levy
7.3 When levy must be paid
Part 8 Small Pelagic Fishery
8.1 Definition
8.2 Amount of levy
8.3 When levy must be paid
Part 9 Macquarie Island Fishery
9.1 Definition
9.2 Amount of levy
9.3 When levy must be paid
Part 10 Norfolk Island Offshore Demersal Finfish Fishery
10.1 Definition
10.2 Amount of levy
10.3 When levy must be paid
Part 11 Northern Prawn Fishery
11.1 Definition
11.2 Amount of levy
11.3 When levy must be paid
Part 12 North West Slope Trawl Fishery
12.1 Definition
12.2 Amount of levy
12.3 When levy must be paid
Part 13 South East Non-trawl Fishery
13.1 Definitions
13.2 Amount of levy
13.3 When levy must be paid
Part 14 South East Trawl Fishery
14.1 Definitions
14.2 Amount of levy
14.3 When levy must be paid
Part 15 Southern Bluefin Tuna Fishery
15.1 Definition
15.2 Amount of levy
15.3 When levy must be paid
Part 16 Southern Shark Fishery
16.1 Definitions
16.2 Amount of levy
16.3 When levy must be paid
Part 17 Southern Squid Fishery
17.1 Definition
17.2 Amount of levy
17.3 When levy must be paid
Part 18 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery
18.1 Definitions
18.2 Amount of levy
18.3 When levy must be paid
Part 19 South Tasman Rise Fishery
19.1 Definition
19.2 Amount of levy
19.3 When levy must be paid
Part 20 Victorian Inshore Trawl Fishery
20.1 Definition
20.2 Amount of levy
20.3 When levy must be paid
Part 21 Western Deep Water Trawl Fishery
21.1 Definition
21.2 Amount of levy
21.3 When levy must be paid
Part 22 Informally managed fisheries
22.1 Definition
22.2 Amount of levy
22.3 When levy must be paid
Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy
Schedule 2 South East Non-trawl Fishery — amounts of levy
Part 1 Quota species
Part 2 Amounts of levy — quota species
Schedule 3 South East Trawl Fishery — amounts of levy
Part 1 Non-sector species
Part 2 Amounts of levy — non-sector species
Part 3 Amounts of levy — sector species
Notes
Part 1 Preliminary
1.1 Name of Regulations [see Note 1]
These Regulations are the Fishing Levy Regulations 2001.
1.2 Commencement [see Note 1]
These Regulations commence on gazettal.
1.3 Fishing Levy Regulations 2000 — repeal
The following Statutory Rules are repealed:
2000 No. 336
2001 No. 23.
1.4 Definitions
(1) In these Regulations:
holder, of a fishing concession, means the person to whom the concession was granted or, if the person has transferred the concession to someone else, the other person.
informally managed fishery means a commercial fishing activity that is managed under the Management Act by AFMA but that is not:
(a) a fishing activity to which a management plan applies; or
(b) a fishing activity referred to in regulation 4B of the Management Regulations.
invoice date, for levy, or an instalment of levy, payable for a fishing concession, means the date of issue mentioned on the invoice issued by AFMA for the levy or instalment.
Levy Act means the Fishing Levy Act 1991.
Management Act means the Fisheries Management Act 1991.
Management Regulations means the Fisheries Management Regulations 1992.
(2) Unless the contrary intention appears, a word or expression that is used in these Regulations and in the Management Regulations has the same meaning in these Regulations as it has in those Regulations.
1.5 References to fisheries
A reference in these Regulations to a named fishery that is described by that name in regulation 4B of the Management Regulations, or in a plan of management made under section 17 of the Management Act, is a reference to the fishery as described in those Regulations or that plan.
Note 1 The following fisheries are described in regulation 4B of the Management Regulations:
Note: (aa) the Bass Strait Scallop Fishery;
Note: (a) the Christmas Island and Cocos (Keeling) Islands Fishery;
Note: (b) the Coral Sea Fishery;
Note: (c) the East Coast Deepwater Zone Fishery;
Note: (d) the Eastern Tuna and Billfish Fishery;
Note: (e) the Heard Island and McDonald Islands Fishery;
Note: (f) the Small Pelagic Fishery;
Note: (g) the Macquarie Island Fishery;
Note: (h) the Norfolk Island Offshore Demersal Finfish Fishery;
Note: (i) the North West Slope Trawl Fishery;
Note: (j) the South East Non-trawl Fishery;
Note: (k) the Southern Shark Fishery;
Note: (l) the Southern Squid Fishery;
Note: (m) the Southern Tuna and Billfish Fishery;
Note: (n) the South Tasman Rise Fishery;
Note: (o) the Victorian Inshore Trawl Fishery;
Note: (p) the Western Deep Water Trawl Fishery;
Note: (q) the Western Tuna and Billfish Fishery.
Note 2 The following fisheries are described in plans of management under section 17 of the Management Act:
Note: (a) the Great Australian Bight Trawl Fishery — see the Great Australian Bight Trawl Fishery Management Plan (notified in Gazette No. S205 of 2 July 1993);
Note: (b) the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995;
Note: (c) the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995);
Note: (d) the South East Trawl Fishery — see the South East Trawl Fishery Management Plan 1998 (notified in Gazette No. S300 of 25 June 1998).
Part 1A Bass Strait Scallop Fishery
1A.1 Definition
In this Part:
BSSF fishing permit means a fishing permit for the Bass Strait Scallop Fishery.
1A.2 Amount of levy
For section 6 of the Levy Act, for a BSSF fishing permit that is in force on or after 1 June 2002 and on or before 30 April 2003, the amount of levy is $1 607.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
1A.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 1A.2 must be paid on or before the later of:
(a) 29 June 2002; and
(b) 28 days after the invoice date for the levy.
Part 2 Christmas Island and Cocos (Keeling) Islands Fishery
2.1 Definition
In this Part:
CICKIF fishing permit means a fishing permit for the Christmas Island and Cocos (Keeling) Islands Fishery.
2.2 Amount of levy
(1) For section 6 of the Levy Act, for a CICKIF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is:
(a) for a permit to fish using a pelagic longline method in sub‑area 1 of the fishery — $1 971; and
(b) for a permit to fish using a pelagic longline method in sub‑area 2 or 4 of the fishery — $5 625; and
(c) for a permit to fish using a hand fishing method in sub‑area 3 of the fishery — $3 320; and
(d) for a permit to fish using a trawl method in sub‑area 2 or 4 of the fishery — $48 058.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
2.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 2.2 must be paid on or before the later of:
(a) 30 April 2002; and
(b) 28 days after the invoice date for the levy.
Part 3 Coral Sea Fishery
3.1 Definition
In this Part:
CSF fishing permit means a fishing permit for the Coral Sea Fishery.
3.2 Amount of levy
(1) For section 6 of the Levy Act, for a CSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is the total of:
(a) $1 229.20; and
(b) if the permit authorises the taking of aquarium fish species — $331; and
(c) if the permit authorises the taking of lobster or trochus — $468.15; and
(d) if the permit authorises the use of a line fishing method — $988.90; and
(e) if the permit authorises the use of a trawl fishing method — $904.85; and
(f) if the permit authorises the taking of beche-de-mer — $2 146.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
3.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 3.2 must be paid on or before the later of:
(a) 29 March 2002; and
(b) 28 days after the invoice date for the levy.
Part 4 East Coast Deepwater Zone Fishery
4.1 Definition
In this Part:
ECDZF fishing permit means a fishing permit for the East Coast Deepwater Zone Fishery.
4.2 Amount of levy
For section 6 of the Levy Act, for an ECDZF fishing permit that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is $2 859.11.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
4.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 4.2 must be paid on or before the later of:
(a) 29 January 2002; and
(b) 28 days after the invoice date for the levy.
Part 5 Eastern Tuna and Billfish Fishery
5.1 Definitions
In this Part:
ETBF fishing permit means a fishing permit for the Eastern Tuna and Billfish Fishery.
sector of the Fishery means a sector described in subregulation 4C (1) of the Management Regulations.
5.2 Amount of levy
(1) For section 6 of the Levy Act, for an ETBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is:
(a) if the permit authorises fishing in a single sector of the Fishery — the amount stated in Schedule 1 for the sector; or
(b) if the permit authorises fishing in 2 or more sectors of the Fishery — the greater or greatest of the amounts of levy stated in Schedule 1 for the sectors.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be the amount set out in the note to Schedule 1.
5.3 When levy must be paid
(1) For section 110 of the Management Act, for an ETBF fishing permit in force on 21 January 2002, the levy mentioned in regulation 5.2 must be paid as 1 amount, or in 2 equal instalments, as follows:
(a) the whole amount, or the first instalment, must be paid on or before the later of:
(i) 21 January 2002; and
(ii) 28 days after the invoice date for the instalment;
(b) the second instalment (if any) must be paid on or before the later of:
(i) 10 April 2002; and
(ii) 28 days after the invoice date for the instalment.
(2) For section 110 of the Management Act, for an ETBF fishing permit in force on 10 April 2002, but not in force on 21 January 2002, the levy mentioned in regulation 5.2 must be paid on or before the later of:
(a) 10 April 2002; and
(b) 28 days after the invoice date for the levy.
Part 6 Great Australian Bight Trawl Fishery
6.1 Definitions
In this Part:
GABTF fishing permit means a fishing permit for the Great Australian Bight Trawl Fishery which authorises the holder to take shark quota species.
GABTF fishing right means a statutory fishing right within the meaning of the Great Australian Bight Trawl Fishery Management Plan, as in force from time to time.
shark quota species means gummy shark (mustelus antarcticus) and school shark (galeorhinus galeus).
6.2 Amount of levy
(1) For section 6 of the Levy Act, for a GABTF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the total of the following amounts:
(a) 20.673 cents for each kilogram of school shark mentioned in the permit when the permit is granted;
(b) 8.41 cents for each kilogram of gummy shark mentioned in the permit when the permit is granted.
(2) For section 6 of the Levy Act, for a GABTF fishing right in force on 8 February 2002, the amount of levy is $23 576.70.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be:
Note: (a) for each fishing permit — 1.372 cents for each kilogram of school shark, and 0.558 cents for each kilogram of gummy shark; and
Note: (b) for each fishing right — $1 564.30.
6.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 6.2 must be paid on or before the later of:
(a) 8 March 2002; and
(b) 28 days after the invoice date for the levy.
Part 7 Heard Island and McDonald Islands Fishery
7.1 Definition
In this Part:
HIMI fishing permit means a fishing permit for the Heard Island and McDonald Islands Fishery.
7.2 Amount of levy
(1) For section 6 of the Levy Act, for a HIMI fishing permit in force on or after the commencement of these Regulations and on or before 30 November 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is the total of:
(a) 10.67 cents for each kilogram of quota mentioned in Attachment B to the permit on 14 March 2002 for the taking of Patagonian toothfish (Dissostichus eleginoides); and
(b) 11.313 cents for each kilogram of quota mentioned in Attachment B to the permit on 14 March 2002 for the taking of mackerel icefish (Champsocephalus gunnari).
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $0.0102 for each kilogram of Patagonian toothfish, and $0.0108 for each kilogram of mackerel icefish.
7.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 7.2 must be paid on or before the later of:
(a) 11 April 2002; and
(b) 28 days after the invoice date for the levy.
Part 8 Small Pelagic Fishery
8.1 Definition
In this Part:
SPF fishing permit means a fishing permit for the Small Pelagic Fishery.
8.2 Amount of levy
(1) For section 6 of the Levy Act, for a SPF fishing permit in force on or after 1 March 2002 and on or before 28 February 2003, the amount of levy is $2 710.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
(2) Subregulation (1) does not apply to a SPF fishing permit (the first permit) that permits its holder to fish in Zone A of the Small Pelagic Fishery Area if, when the permit was granted:
(a) the holder also held a SPF fishing permit (the second permit) that permitted the holder to fish in Zone B, C or D of that area; and
(b) the first and second permits apply to the same boat.
(3) For subregulation (2), it does not matter whether the first and second permits authorise fishing by the same methods or different methods.
8.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 8.2 must be paid on or before the later of:
(a) 29 April 2002; and
(b) 28 days after the invoice date for the levy.
Part 9 Macquarie Island Fishery
9.1 Definition
In this Part:
MIF fishing permit means a fishing permit for the Macquarie Island Fishery.
9.2 Amount of levy
For section 6 of the Levy Act, for a MIF fishing permit in force on or after the commencement of these Regulations and on or before 31 December 2001, the amount of levy is $124 579.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $385 for each fishing permit.
9.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 9.2 must be paid on or before the later of:
(a) 28 days after the commencement of these Regulations; and
(b) 28 days after the invoice date for the levy.
Part 10 Norfolk Island Offshore Demersal Finfish Fishery
10.1 Definition
In this Part:
NIODFF fishing permit means a fishing permit for the Norfolk Island Offshore Demersal Finfish Fishery.
10.2 Amount of levy
For section 6 of the Levy Act, for a NIODFF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is $12 877.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
10.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 10.2 must be paid on or before the later of:
(a) 15 March 2002; and
(b) 28 days after the invoice date for the levy.
Part 11 Northern Prawn Fishery
11.1 Definition
In this Part:
NPF fishing right means a gear statutory fishing right within the meaning of the Northern Prawn Fishery Management Plan 1995, as in force from time to time.
11.2 Amount of levy
(1) For section 6 of the Levy Act, for a NPF fishing right in force on the day mentioned in subregulation (2), the amount of levy is $26.85.
(2) For subregulation (1), the day is:
(a) if these Regulations commence on or before 7 December 2001 — 7 December 2001; or
(b) if paragraph (a) does not apply — the day these Regulations commence.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $7.79 for each fishing right.
11.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 11.2 must be paid on or before the later of:
(a) 4 January 2002; and
(b) 28 days after the invoice date for the levy.
Part 12 North West Slope Trawl Fishery
12.1 Definition
In this Part:
NWSTF fishing permit means a fishing permit for the North West Slope Trawl Fishery.
12.2 Amount of levy
For section 6 of the Levy Act, for a NWSTF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is $10 560.57.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $362.86 for each fishing permit.
12.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 12.2 must be paid on or before the later of:
(a) 1 March 2002; and
(b) 28 days after the invoice date for the levy.
Part 13 South East Non-trawl Fishery
13.1 Definitions
In this Part:
quota species means a species of fish mentioned in Part 1 of Schedule 2.
SENTF fishing permit means a fishing permit for the South East Non-trawl Fishery.
13.2 Amount of levy
(1) For section 6 of the Levy Act, for a SENTF fishing permit that allows the holder to fish for any species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is the total of:
(a) $1 173.50; and
(b) if the permit authorises fishing for quota species — the total of the amounts calculated by multiplying the number of kilograms of each fish mentioned in Attachment B to the permit when the permit is granted by the amount mentioned in column 3 of Part 2 of Schedule 2 for that fish.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $88.50 for each fishing permit that allows the holder to fish for any species.
(3) For section 6 of the Levy Act, for a SENTF fishing permit that allows the holder to fish only for quota species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (4).
(4) For subregulation (3), if the permit authorises fishing for quota species — the amount of the levy is the total of the amounts calculated by multiplying the number of kilograms of each fish mentioned in Attachment B to the permit by the amount mentioned in column 3 of Part 2 of Schedule 2 for that fish.
13.3 When levy must be paid
(1) For section 110 of the Management Act, for a SENTF fishing permit in force on or before 12 April 2002, the levy mentioned in regulation 13.2 must be paid as 1 amount, or in 2 instalments, as follows:
(a) the total amount, or an instalment of one-third of the total amount of the levy, must be paid on or before the later of:
(i) 29 January 2002; and
(ii) 28 days after the invoice date for the instalment;
(b) the remainder (if any) must be paid on or before the later of:
(i) 15 May 2002; and
(ii) 28 days after the invoice date for the instalment.
(2) For section 110 of the Management Act, the levy mentioned in regulation 13.2 for an SENTF fishing permit in force on or after 13 April 2002, but not in force on 12 April 2002, must be paid on or before the later of:
(a) 15 May 2002; and
(b) 28 days after the invoice date for the levy.
Part 14 South East Trawl Fishery
14.1 Definitions
In this Part:
gemfish means fish of the species Rexea solandri.
non-sector species means a species of fish mentioned in Part 1 of Schedule 3.
orange roughy means fish of the species Hoplostethus atlanticus.
sector species means any of the following species:
(a) gemfish;
(b) orange roughy.
SETF fishing permit means a fishing permit for the South East Trawl Fishery.
14.2 Amount of levy
(1) For section 6 of the Levy Act, for a SETF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is the total of:
(a) for each non-sector species to which the permit relates — the total of the amounts calculated by multiplying the number of kilograms of the species mentioned in the permit when the permit is granted by the amount mentioned in column 3 of Part 2 of Schedule 3 for the species; and
(b) for each sector species to which the permit relates — the total of the amounts calculated by multiplying the number of kilograms of the species mentioned in the permit for a sector when the permit is granted by the amount mentioned in column 3 of Part 3 of Schedule 3 for the species and sector.
14.3 When levy must be paid
(1) For section 110 of the Management Act, for a SETF fishing permit in force on or before 12 April 2002, the levy mentioned in regulation 14.2 must be paid as 1 amount, or in 2 instalments, as follows:
(a) the total amount, or an instalment of one-third of the total amount of the levy, must be paid on or before the later of:
(i) 29 January 2002; and
(ii) 28 days after the invoice date for the instalment;
(b) the remainder (if any) must be paid on or before the later of:
(i) 15 May 2002; and
(ii) 28 days after the invoice date for the instalment.
(2) For section 110 of the Management Act, for a SETF fishing permit in force on or after 13 April 2002, but not in force on 12 April 2002, the levy mentioned in regulation 14.2 must be paid on or before the later of:
(a) 13 May 2002; and
(b) 28 days after the invoice date for the levy.
Part 15 Southern Bluefin Tuna Fishery
15.1 Definition
In this Part:
SBTF fishing right means a statutory fishing right described in clause 8 of the Southern Bluefin Tuna Fishery Management Plan 1995, as in force from time to time.
15.2 Amount of levy
For section 6 of the Levy Act, for a SBTF fishing right in force on 21 December 2001, the amount of levy is 28.93 cents.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be 2.75 cents for each fishing right.
15.3 When levy must be paid
(1) For section 110 of the Management Act, for a SBTF fishing right in force on the day mentioned in regulation 15.2, the levy mentioned in regulation 15.2 must be paid as 1 amount, or in 3 equal instalments, as follows:
(a) the whole amount, or the first instalment, must be paid on or before the later of:
(i) 18 January 2002; and
(ii) 28 days after the invoice date for the instalment;
(b) the second instalment (if any) must be paid on or before the later of:
(i) 12 March 2002; and
(ii) 28 days after the invoice date for the instalment.
(c) the third instalment (if any) must be paid on or before the later of:
(i) 3 May 2002; and
(ii) 28 days after the invoice date for the instalment.
Part 16 Southern Shark Fishery
16.1 Definitions
In this Part:
elephant fish and similar species means any of the following families:
(a) callorhyncidae;
(b) chimaeridae (ghost sharks);
(c) rhinochimaeridae (spook fish).
quota species means any of the following species:
(a) elephant fish and similar species;
(b) gummy shark (Mustelus antarcticus);
(c) sawshark (Pristiophorus cirratus and Pristiophorus nudipinnis);
(d) school shark (Galeorhinus galeus).
SSF fishing permit means a fishing permit for the Southern Shark Fishery.
16.2 Amount of levy
(1) For section 6 of the Levy Act, for a SSF fishing permit that allows the holder to fish for any species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (2).
(2) For subregulation (1), the amount of the levy is the total of:
(a) $1 011.70; and
(b) 5.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of elephant fish and similar species; and
(c) 41.5 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of gummy shark (Mustelus antarcticus); and
(d) 9.7 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of sawshark (Pristiophorus cirratus and Pristiophorus nudipinnis); and
(e) 27.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of school shark (Galeorhinus galeus).
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $161.70 for each fishing permit that allows the holder to fish for any species.
(3) For section 6 of the Levy Act, for a SSF fishing permit that allows the holder to fish only for quota species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (4).
(4) For subregulation (3), the amount is the total of:
(a) 5.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of elephant fish and similar species; and
(b) 41.5 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of gummy shark (Mustelus antarcticus); and
(c) 9.7 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of sawshark (Pristiophorus cirratus and Pristiophorus nudipinnis); and
(d) 27.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of school shark (Galeorhinus galeus).
16.3 When levy must be paid
(1) For section 110 of the Management Act, for a SSF fishing permit in force on or before 12 April 2002, the levy mentioned in regulation 16.2 must be paid as 1 amount, or in 2 instalments, as follows:
(a) the total amount, or an instalment equal to one-third of the levy, must be paid on or before the later of:
(i) 29 January 2002; and
(ii) 28 days after the invoice date for the instalment;
(b) the remainder (if any) must be paid on or before the later of:
(i) 15 May 2002; and
(ii) 28 days after the invoice date for the instalment.
(2) For section 110 of the Management Act, for an SSF fishing permit in force on or after 13 April 2002 but not in force on 12 April 2002, the levy mentioned in regulation 16.2 must be paid on or before the later of:
(a) 15 May 2002; and
(b) 28 days after the invoice date for the levy.
Part 17 Southern Squid Fishery
17.1 Definition
In this Part:
SQDF fishing permit means a fishing permit for the Southern Squid Fishery.
17.2 Amount of levy
For section 6 of the Levy Act, for a SQDF fishing permit that is in force on or after the commencement of these Regulations and on or before 31 August 2002, the amount of levy is $1 208.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
17.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 17.2 must be paid on or before the later of:
(a) 21 February 2002; and
(b) 28 days after the invoice date for the levy.
Part 18 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery
18.1 Definitions
In this Part:
STBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery.
SWTBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery.
WTBF fishing permit means a fishing permit for the Western Tuna and Billfish Fishery.
18.2 Amount of levy
(1) For section 6 of the Levy Act, for:
(a) a STBF fishing permit; or
(b) a SWTBF fishing permit; or
(c) a WTBF fishing permit;
that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the levy is the amount mentioned in subregulation (2).
(2) The amount of the levy is:
(a) if the permit authorises the use of a purse-seine fishing method — $8 679; or
(b) if the permit authorises the use of a pelagic longline fishing method — $5 805; or
(c) if the permit authorises the use of any other line fishing method — $4 110; or
(d) if the permit authorises the use of a more than 1 fishing method in a fishery — the greater or greatest of the amounts applicable to the permit under paragraphs (a), (b) and (c).
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $500.28 for each fishing permit.
18.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 18.2 must be paid as 1 amount, or in 2 equal instalments, as follows:
(a) the whole amount, or the first instalment, must be paid on or before the later of:
(i) 18 January 2002; and
(ii) 28 days after the invoice date for the instalment;
(b) the second instalment (if any) must be paid on or before the later of:
(i) 3 May 2002; and
(ii) 28 days after the invoice date for the instalment.
Part 19 South Tasman Rise Fishery
19.1 Definition
In this Part:
STR fishing permit means a fishing permit for the South Tasman Rise Fishery.
19.2 Amount of levy
For section 6 of the Levy Act, for a STR fishing permit that is in force on or after 1 March 2002 and on or before 28 February 2003, the levy is $9 198.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $703.21 for each fishing permit.
19.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 19.2 must be paid on or before the later of:
(a) 30 March 2002; and
(b) 28 days after the invoice date for the levy.
Part 20 Victorian Inshore Trawl Fishery
20.1 Definition
In this Part:
VITF fishing permit means a fishing permit for the Victorian Inshore Trawl Fishery.
20.2 Amount of levy
For section 6 of the Levy Act, for a VITF fishing permit that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is $1 062.89.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.
20.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 20.2 must be paid on or before the later of:
(a) 29 January 2002; and
(b) 28 days after the invoice date for the levy.
Part 21 Western Deep Water Trawl Fishery
21.1 Definition
In this Part:
WDWTF fishing permit means a fishing permit for the Western Deep Water Trawl Fishery.
21.2 Amount of levy
For section 6 of the Levy Act, for a WDWTF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is $7 150.82.
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $106.18 for each fishing permit.
21.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 21.2 must be paid on or before the later of:
(a) 1 March 2002; and
(b) 28 days after the invoice date for the levy.
Part 22 Informally managed fisheries
22.1 Definition
In this Part:
IMF permit means a fishing permit for an informally managed fishery.
22.2 Amount of levy
(1) For section 6 of the Levy Act, for an IMF permit that is in force on or after the commencement of this Part and on or before 31 December 2002, the amount of levy is $1 000.
(2) If 2 or more IMF permits authorise the same boat for use in a different informally managed fishery for each permit, then only 1 of the permits is liable to levy under subregulation (1).
(3) An IMF permit issued only to authorise testing of fishing equipment is not liable to levy under subregulation (1).
Note The research component of the levy amount mentioned in subregulation (1) is $60.
22.3 When levy must be paid
For section 110 of the Management Act, the levy mentioned in regulation 22.2 must be paid on or before 28 days after the invoice date for the levy.
Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy
(regulation 5.2)
Item
Sector
Amount ($)
1
ML Sector
1 594
2
PL Sector
1 709
3
PLL (Sub-area 1) Sector
5 946
4
PLL (Sub-area 2) Sector
5 352
5
PLL (Sub-area 4) Sector
3 077
6
PLL (Sub-area 5) Sector
2 950
7
PLL (Sub-area 6) Sector
2 950
8
PLL (Sub-area 7) Sector
2 950
9
PLL (Sub-area 8) Sector
2 950
10
PLL (Sub-area 9) Sector
1 756
11
PLL (Sub-area 10) Sector
745
12
PS (Sub-area 3) Sector
7 160
13
PS (Sub-area 4) Sector
4 390
14
PS (Sub-area 6) Sector
5 479
15
PS (Sub-area 7) Sector
3 797
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows:
Item
Sector
Amount ($)
1
for the ML Sector
522
2
for the PL Sector
637
3
for the PLL (Sub-area 1) Sector
522
4
for the PLL (Sub-area 2) Sector
522
5
for the PLL (Sub-area 4) Sector
522
6
for the PLL (Sub-area 5) Sector
522
7
for the PLL (Sub-area 6) Sector
522
8
for the PLL (Sub-area 7) Sector
522
9
for the PLL (Sub-area 8) Sector
522
10
for the PLL (Sub-area 9) Sector
0
11
for the PLL (Sub-area 10) Sector
522
12
for the PS (Sub-area 3) Sector
637
13
for the PS (Sub-area 4) Sector
637
14
for the PS (Sub-area 6) Sector
637
15
for the PS (Sub-area 7) Sector
637
Schedule 2 South East Non-trawl Fishery — amounts of levy
Amount for each kilogram mentioned in the fishing permit (cents)
1
Blue eye trevalla
20.937
2
Blue grenadier
4.517
3
Blue warehou
12.663
4
Flathead
6.213
5
Gummy shark
23.616
6
Jackass morwong
5.532
7
John Dory
12.510
8
Ling
10.889
9
Mirror dory
3.547
10
Ocean perch
5.618
11
Redfish
3.052
12
Royal red prawn
8.093
13
School shark
46.365
14
School whiting
1.596
15
Silver trevally
2.151
16
Spotted warehou
2.750
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows:
Item
Species
Research component for each kilogram mentioned in the fishing permit (cents)
1
Blue eye trevalla
1.800
2
Blue grenadier
0.389
3
Blue warehou
1.088
4
Flathead
0.534
5
Gummy shark
2.031
6
Jackass morwong
0.476
7
John Dory
1.076
8
Ling
0.936
9
Mirror dory
0.305
10
Ocean perch
0.483
11
Redfish
0.263
12
Royal red prawn
0.696
13
School shark
3.987
14
School whiting
0.137
15
Silver trevally
0.184
16
Spotted warehou
0.236
Part 3 Amounts of levy — sector species
Item
Species and sector
Amount for each kilogram mentioned in the fishing permit (cents)
1
Gemfish — gemfish eastern sector
5.179
2
Gemfish — gemfish western sector
9.796
3
Orange roughy — orange roughy eastern sector
13.217
4
Orange roughy — orange roughy southern sector
8.582
5
Orange roughy — orange roughy western sector
5.873
6
Orange roughy — orange roughy cascade sector
12.772
Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows:
Item
Species and sector
Amount for each kilogram mentioned in the fishing permit (cents)
1
Gemfish — gemfish eastern sector
0.467
2
Gemfish — gemfish western sector
0.842
3
Orange roughy — orange roughy eastern sector
1.138
4
Orange roughy — orange roughy southern sector
0.736
5
Orange roughy — orange roughy western sector
0.505
6
Orange roughy — orange roughy cascade sector
1.098
Notes to the Fishing Levy Regulations 2001
Note 1
Note: The Fishing Levy Regulations 2001 (in force under the Fisheries Management Act 1991 and the Fishing Levy Act 1991) as shown in this compilation comprise Statutory Rules 2001 No. 333 amended as indicated in the Tables below.