I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.
Dated 7 December 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
MIKE KELLY
Parliamentary Secretary for Agriculture, Fisheries and Forestry
Contents
Part 1 Preliminary
1.1 Name of Regulations
1.2 Commencement
1.3 Repeal
1.4 Interpretation
1.5 References to fisheries
Part 2 Bass Strait Central Zone Scallop Fishery
2.1 Definitions
2.2 Amount of levy
2.3 When levy must be paid
Part 3 Coral Sea Fishery
3.1 Definitions
3.2 Amount of levy
3.3 When levy must be paid
Part 4 Eastern Skipjack Fishery
4.1 Definitions
4.2 Amount of levy
4.3 When levy must be paid
Part 5 Eastern Tuna and Billfish Fishery
5.1 Definitions
5.2 Amount of levy
5.3 When levy must be paid
Part 6 Heard Island and McDonald Islands Fishery
6.1 Definitions
6.2 Amount of levy
6.3 When levy must be paid
Part 7 Informally managed fisheries
7.1 Definitions
7.2 Amount of levy
7.3 When levy must be paid
Part 8 Macquarie Island Toothfish Fishery
8.1 Definitions
8.2 Amount of levy
8.3 When levy must be paid
Part 9 Northern Prawn Fishery
9.1 Definitions
9.2 Amount of levy
9.3 When levy must be paid
Part 10 North West Slope Trawl Fishery
10.1 Definitions
10.2 Amount of levy
10.3 When levy must be paid
Part 11 Small Pelagic Fishery
Division 1 Preliminary
11.1 Definitions
Division 2 Fishing permit
11.2 Amount of levy — leviable SPF fishing permit
11.3 When levy must be paid — leviable SPF fishing permit
Division 3 Statutory fishing right
11.4 Amount of levy — leviable SPF SFR
11.5 When levy must be paid — leviable SPF SFR
Part 12 Southern and Eastern Scalefish and Shark Fishery
Division 1 Preliminary
12.1 Definitions
Division 2 Fishing permits
12.2 Amount of levy
12.3 When levy must be paid — SESSF fishing permits
Division 3 Statutory fishing rights
12.4 Amount of levy
12.5 When levy must be paid — leviable SESSF SFR
Part 13 Southern Bluefin Tuna Fishery
13.1 Definitions
13.2 Amount of levy
13.3 When levy must be paid
Part 14 Southern Squid Jig Fishery
14.1 Definitions
14.2 Amount of levy
14.3 When levy must be paid
Part 15 Western Deepwater Trawl Fishery
15.1 Definitions
15.2 Amount of levy
15.3 When levy must be paid
Part 16 Western Skipjack Fishery
16.1 Definitions
16.2 Amount of levy
16.3 When levy must be paid
Part 17 Western Tuna and Billfish Fishery
17.1 Interpretation
17.2 Amount of levy
17.3 When levy must be paid
Part 1 Preliminary
1.1 Name of Regulations
These Regulations are the Fishing Levy Regulations 2011.
1.2 Commencement
These Regulations commence on the day after they are registered.
1.3 Repeal
The Fishing Levy Regulations 2010 are repealed.
1.4 Interpretation
(1) In these Regulations:
AFMA means the Australian Fisheries Management Authority.
invoice date, for levy or an instalment of levy, means the date specified as the date of issue on the invoice generated 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.
SFR means a statutory fishing right.
Note Several words and expressions used in these Regulations have the meaning given by the Management Act, for example:
fishing permit
statutory fishing right.
(2) Unless the contrary intention appears, an expression that is used in these Regulations and in the Management Regulations has the same meaning in these Regulations as it has in the Management Regulations.
(3) Unless the contrary intention appears, an expression that is used in these Regulations in relation to a fishery for which there is a plan of management determined under section 17 of the Management Act, and that is also used in that plan, has the same meaning in these Regulations as it has in the plan.
1.5 References to fisheries
A reference in these Regulations to the name of a fishery that is described by that name in regulation 4B of the Management Regulations or in a plan of management determined under section 17 of the Management Act is a reference to the fishery as described in those Regulations or that plan.
Note The following fisheries are described in regulation 4B of the Management Regulations:
(a) Coral Sea Fishery;
(b) Eastern Skipjack Fishery;
(c) North West Slope Trawl Fishery;
(d) Western Deepwater Trawl Fishery;
(e) Western Skipjack Fishery.
Part 2 Bass Strait Central Zone Scallop Fishery
2.1 Definitions
In this Part:
BSCZSF means the Bass Strait Central Zone Scallop Fishery.
leviable BSCZSF SFR means a commercial scallop quota SFR that is:
(a) granted under the Management Act for the BSCZSF; and
(b) in force on commencement of these Regulations.
2.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF SFR is $1.05.
2.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable BSCZSF SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 3 Coral Sea Fishery
3.1 Definitions
In this Part:
CSF means Coral Sea Fishery.
leviable CSF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the CSF; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
3.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable CSF fishing permit is the sum of:
(a) $14 918.72; and
(b) an amount for each sector of the CSF to which the permit relates, as set out in the table.
Item
For this sector ...
the amount is ...
1
Aquarium
$1 442.27
2
Lobster and trochus collection
$1 442.27
3
Demersal line and trap
$3 461.44
4
Demersal trawl and trap
$3 461.44
5
Sea cucumber hand collection
$1 442.27
3.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable CSF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 4 Eastern Skipjack Fishery
4.1 Definitions
In this Part:
ESF means Eastern Skipjack Fishery.
leviable ESF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the ESF; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
4.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ESF fishing permit is $2 122.22.
4.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable ESF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 5 Eastern Tuna and Billfish Fishery
5.1 Definitions
In this Part:
ETBF means Eastern Tuna and Billfish Fishery
leviable ETBF Albacore Tuna SFR means a quota SFR that is:
(a) granted under the Management Act for the ETBF; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Bigeye Tuna SFR means a quota 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 these Regulations and ending on 30 June 2012.
leviable ETBF Broadbill Swordfish SFR means a quota 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 these Regulations and ending on 30 June 2012.
leviable ETBF Longline boat SFR means a longline boat 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 these Regulations and ending on 30 June 2012.
leviable ETBF Minor line boat SFR means a minor line boat 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 these Regulations and ending on 30 June 2012.
leviable ETBF Striped Marlin SFR means a quota 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 these Regulations and ending on 30 June 2012.
leviable ETBF Yellowfin Tuna SFR means a quota 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 these Regulations and ending on 30 June 2012.
5.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1
leviable ETBF Albacore Tuna SFR
$0.1032
2
leviable ETBF Bigeye Tuna SFR
$0.2284
3
leviable ETBF Broadbill Swordfish SFR
$0.2942
4
leviable ETBF Longline boat SFR
$3 033.85
5
leviable ETBF Minor line boat SFR
$1 311.84
6
leviable ETBF Striped Marlin SFR
$0.0826
7
leviable ETBF Yellowfin Tuna SFR
$0.6006
5.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable ETBF mentioned in clause 5.2 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 6 Heard Island and McDonald Islands Fishery
6.1 Definitions
In this Part:
HIMI means Heard Island and McDonald Islands Fishery.
leviable HIMI SFR means a SFR that is:
(a) granted under the Management Act for the HIMI; and
(b) in force on the commencement of these Regulations.
6.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $13.58.
6.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable HIMI SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 7 Informally managed fisheries
7.1 Definitions
In this Part:
IMF means an informally managed commercial fishing activity that is managed under the Management Act but that is not a fishing activity:
(a) to which a management plan applies; or
(b) mentioned in regulation 4B of the Management Regulations.
leviable IMF fishing permit means a fishing permit that is:
(a) granted under the Management Act for an IMF; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
7.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable IMF fishing permit is $3 255.09.
7.3 When levy must be paid
(1) This regulation is made for section 110 of the Management Act.
(2) Levy payable for a leviable IMF fishing permit is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 8 Macquarie Island Toothfish Fishery
8.1 Definitions
In this Part:
leviable MITF SFR means a SFR that is:
(a) granted under the Management Act for the MITF; and
(b) in force on the commencement of these Regulations.
MITF means Macquarie Island Toothfish Fishery.
8.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $6.81.
8.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable MITF SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 9 Northern Prawn Fishery
9.1 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 on the commencement of these Regulations.
NPF means Northern Prawn Fishery.
9.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $66.23.
9.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable NPF gear SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 10 North West Slope Trawl Fishery
10.1 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 these Regulations and ending on 30 June 2012.
NWSTF means North West Slope Trawl Fishery.
10.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSTF fishing permit is $15 165.00.
10.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable NWSTF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 11 Small Pelagic Fishery
Division 1 Preliminary
11.1 Definitions
In this Part:
leviable SPF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the SPF; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable SPF SFR means any number of statutory fishing rights that are:
(a) granted under the Management Act for the SPF to the same person; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
SPF means Small Pelagic Fishery.
Division 2 Fishing permit
11.2 Amount of levy — leviable SPF fishing permit
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF fishing permit is $3 255.09.
11.3 When levy must be paid — leviable SPF fishing permit
(1) This regulation is made for section 110 of the Management Act.
(2) Levy payable for a leviable SPF fishing permit is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
Division 3 Statutory fishing right
11.4 Amount of levy — leviable SPF SFR
(1) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF SFR is $3 255.09.
(2) However, for a person who:
(a) was a holder of a leviable SPF fishing permit or a leviable IMF fishing permit mentioned in regulation 7.1 before 30 June 2012; and
(b) has paid the levy amount for a leviable SPF fishing permit or a leviable IMF fishing permit; and
(c) is the holder of a leviable SPF SFR when the levy, or the first instalment of the levy, must be paid under regulation 11.5;
the prescribed amount of levy payable for a leviable SPF SFR is nil.
11.5 When levy must be paid — leviable SPF SFR
(1) This regulation is made for section 110 of the Management Act.
(2) Levy payable for a leviable SPF fishing permit is due and payable on the later of:
(a) the day the leviable SPF fishing permit is granted; and
(b) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 12 Southern and Eastern Scalefish and Shark Fishery
Division 1 Preliminary
12.1 Definitions
(1) In this Part:
ECDT sector means East Coast Deepwater Trawl sector.
GHT means Gillnet, Hook and Trap Fishery.
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 commencement of these Regulations and ending on 30 April 2012.
leviable SESSF GAB trawl boat SFR means a GAB trawl boat SFR that is in force on commencement of these Regulations.
leviable SESSF GHT fishing permit:
(a) means a fishing permit that:
(i) is granted under the Management Act for:
(A) the South Australian Coastal Waters Sector of the SESSF; or
(B) the Tasmanian Coastal Waters Sector of the SESSF; or
(C) the Tasmanian Rock Lobster Sector of the SESSF; and
(ii) authorises the taking of fish of one or more SESSF GHT quota species; and
(iii) is in force at any time during the period starting on 1 January 2012 and ending on 30 April 2012; but
(b) does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat SFR granted under the Plan.
Note SESSF GHT fishing permits are granted under the Plan to replace OCS permits — see sections 39 to 41 and 43 of the Plan.
leviable SESSF GHT trap fishing permit:
(a) means a fishing permit that:
(i) is granted under the Management Act; and
(ii) authorises fishing with fish traps in the Commonwealth Scalefish Hook Sector of the SESSF; and
(iii) is in force at any time during the period starting on the commencement of these Regulations and ending on 30 April 2012; but
(b) does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat SFR granted under the Plan.
leviable SESSF gillnet boat SFR means a gillnet boat SFR that is in force on commencement of these Regulations.
leviable SESSF quota SFR means a quota SFR that:
(a) authorises the holder to take a particular species, or a particular species in a particular sector or zone, that are mentioned in the table in subregulation 12.4 (2); and
(b) is in force on commencement of these Regulations.
leviable SESSF scalefish hook boat SFR means a scalefish hook boat SFR that is in force on commencement of these Regulations.
leviable SESSF shark hook boat SFR means a shark hook boat SFR that is in force on commencement of these Regulations.
leviable SESSF trawl boat SFR means a trawl boat SFR that is in force on commencement of these Regulations.
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 these Regulations and ending on 30 April 2012.
Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.
SESSF means the Southern and Eastern Scalefish and Shark Fishery.
VCW sector means the Victorian Coastal Waters Sector of the SESSF.
Division 2 Fishing permits
12.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the fishing permit mentioned in the item.
Item
For this fishing permit ...
the amount is ...
1
leviable SESSF ECDT fishing permit
$3 988.45
2
leviable SESSF GHT fishing permit
$6 108.38
3
leviable SESSF GHT trap fishing permit
$13 694.43
4
leviable SESSF VCW fishing permit
$1 347.35
12.3 When levy must be paid — SESSF fishing permits
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a fishing permit mentioned in regulation 12.2 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
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.
Division 3 Statutory fishing rights
12.4 Amount of levy
(1) For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1
leviable SESSF GAB trawl boat SFR
$36 921.24
2
leviable SESSF gillnet boat SFR
$5 830.73
3
leviable SESSF scalefish hook boat SFR
$14 183.52
4
leviable SESSF shark hook boat SFR
$5 830.73
5
leviable SESSF trawl boat SFR
$10 626.53
(2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF quota SFR that authorises the taking of a particular species, or a particular species in a particular sector or zone, is the amount mentioned in the table for that species, or that species in a sector or zone.
Item
Quota species
Sector or zone
Amount of levy
1
Bight redfish
$0.0049
2
Blue eye trevalla
$0.1337
3
Blue grenadier
$0.1521
4
Blue warehou
$0.0150
5
Deepwater flathead
$0.0050
6
Elephantfish
$0.1515
7
Flathead
$0.2558
8
Gemfish
Eastern sector
$0.0790
9
Gemfish
Western sector
$0.0623
10
Gummy shark
$0.4173
11
Jackass morwong
$0.0530
12
John dory
$0.1590
13
Mirror dory
$0.1203
14
Ocean perch
$0.1563
15
Orange roughy
Albany and Esperance
$0.0052
16
Orange roughy
Cascade Plateau zone
$0.0361
17
Orange roughy
Eastern zone
$0.0048
18
Orange roughy
Southern zone
$0.0005
19
Orange roughy
Western zone
$0.0041
20
Pink ling
$0.2843
21
Redfish
$0.0523
22
Royal red prawn
$0.0327
23
Saw shark
$0.2408
24
School shark
$0.2228
25
School whiting
$0.0314
26
Silver trevally
$0.0806
27
Spotted warehou
$0.1680
12.5 When levy must be paid — leviable SESSF SFR
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable SFR mentioned in regulation 12.4 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 13 Southern Bluefin Tuna Fishery
13.1 Definitions
In this Part:
leviable SBTF SFR means a SFR that is:
(a) granted under the Management Act for the SBTF; and
(b) described in section 8 of the Southern Bluefin Tuna Fishery Management Plan 1995; and
(c) in force on commencement of these Regulations.
SBTF means Southern Bluefin Tuna Fishery.
13.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.22.
13.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable SBTF SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 14 Southern Squid Jig Fishery
14.1 Definitions
In this Part:
leviable SSJF gear SFR means a gear SFR that is:
(a) granted under the Management Act for the SSJF; and
(b) described in the Southern Squid Jig Fishery Management Plan 2005; and
(c) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
SSJF means Southern Squid Jig Fishery.
14.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $23.58.
14.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable SSJF gear SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 15 Western Deepwater Trawl Fishery
15.1 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 these Regulations and ending on 30 June 2012.
WDWTF means Western Deepwater Trawl Fishery.
15.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $7 434.00.
15.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable WDWTF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 16 Western Skipjack Fishery
16.1 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 these Regulations and ending on 30 June 2012.
WSF means Western Skipjack Fishery.
16.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WSF fishing permit is $2 122.22.
16.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable WSF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
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 17 Western Tuna and Billfish Fishery
17.1 Interpretation
(1) 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 these Regulations and ending on 30 June 2012.
leviable WTBF Boat SFR means a WTBF Boat SFR that:
(a) is granted under the Management Act for the WTBF; and
(b) is in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
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 these Regulations and ending on 30 June 2012.
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 these Regulations and ending on 30 June 2012.
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 these Regulations and ending on 30 June 2012.
WTBF means the Western Tuna and Billfish Fishery.
17.2 Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1
leviable WTBF Boat SFR
$1 270.12
2
leviable WTBF Bigeye Tuna quota SFR
$0.0613
3
leviable WTBF Broadbill Swordfish quota SFR
$0.0613
4
leviable WTBF Striped Marlin quota SFR
$0.0613
5
leviable WTBF Yellowfin Tuna quota SFR
$0.0613
17.3 When levy must be paid
(1) This regulation is made for sections 110 and 111 of the Management Act.
(2) Levy payable for a leviable SFR mentioned in regulation 17.2 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3) If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a) 28 February 2012; and
(b) 28 days after the invoice date for the levy.
(4) If the levy is paid in 2 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy.
(5) If the levy is paid in 3 instalments:
(a) the first instalment is due and payable on the later of:
(i) 28 February 2012; and
(ii) 28 days after the invoice date for the levy; and
(b) the second instalment is due and payable on the later of:
(i) 20 April 2012; and
(ii) 28 days after the invoice date for the levy; and
(c) the third instalment is due and payable on the later of:
(i) 14 June 2012; and
(ii) 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.