Aquaculture (Fees 2018) Variation Regulations 2017 (SA)

South Australia

Aquaculture (Fees 2018) Variation Regulations 2017

under the Aquaculture Act 2001

Contents

Part 1—Preliminary

1            Short title
2            Commencement
3            Variation provisions

Part 2—Variation of Aquaculture Regulations 2016

4 Substitution of Schedule 1
Schedule 1—Fees

Part 1—Preliminary

1—Short title
These regulations may be cited as the Aquaculture (Fees 2018) Variation Regulations 2017.
2—Commencement
These regulations will come into operation on 1 July 2018.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Aquaculture Regulations 2016

4—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Fees

Fees relating to aquaculture leases

1

Application fee for variation of an aquaculture lease or its conditions (section 25A(5) of Act)—

     (a)     for a variation consisting of or involving—

      (i)      the substitution of the lease area (within or outside of an aquaculture zone) where at least 80% of the lease area will remain the same—

     (A)     if the corresponding licence relating to the lease authorises the farming of prescribed wild caught tuna

$2 448

     (B)     in any other case

$3 257

      (ii)     the substitution of the lease area within an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))—

     (A)     if the farming of prescribed wild caught tuna is a permitted class of aquaculture in the zone

$2 834

     (B)     in any other case

$4 043

     (iii)     the substitution of the lease area outside of an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))

$4 848

     (b)     for a variation of any other kind

$856

2

Application fee for consent to transfer a production lease (section 39(2) of Act)—

     (a)     for the transfer of 1 lease

$747

     (b)     for the transfer of each additional lease if the parties involved in the transfer are the same as for the first transfer

$635

3

Application fee for division of a production lease area into separate lease areas (regulation 32)

$1 047

4

Application fee for amalgamation of 2 or more production lease areas into a single lease area (regulation 33)

$1 285

Fees relating to aquaculture licences

5

Application fee for a corresponding licence (section 22(2d) of Act)—

     (a)     in the case of a corresponding licence authorising activities other than research within an aquaculture zone—

      (i)      administrative component

$2 465

      (ii)     advertising component

$1 544

     (b)     in the case of a corresponding licence authorising research within an aquaculture zone—

      (i)      administrative component

$3 794

      (ii)     advertising component

$1 544

     (c)      in the case of any corresponding licence outside of an aquaculture zone—

      (i)      administrative component

$3 794

      (ii)     advertising component

$1 544

6

Application fee for a licence other than a corresponding licence (section 49 of Act)—

     (a)     for a category A licence—

      (i)      administrative component

$2 750

      (ii)     advertising component

$1 544

     (b)     for a category B licence—

      (i)      administrative component

$2 750

      (ii)     advertising component

$1 544

     (c)      for a category C licence—

      (i)      administrative component

$4 335

      (ii)     advertising component

$1 544

     (d)     for a category D licence—

      (i)      administrative component

$4 335

      (ii)     advertising component

$1 544

7

Application fee for renewal of an aquaculture licence other than a corresponding licence (section 50A of Act)—

     (a)     for the renewal of 1 licence

$747

     (b)     for the renewal of each additional licence if the parties to the licence are the same as for the first renewal

$679

Note—

A corresponding licence is, under section 22(2b) of the Act, renewed on the renewal of the relevant lease without the requirement for an application.

8

Application fee for variation of conditions of an aquaculture licence (section 52(6) of Act)—

     (a)     in the case of a corresponding licence—

      (i)      for a simple variation

$1 515

      (ii)     for a standard variation

$2 003

     (iii)     for a complex variation

$3 794

     (b)     in the case of a licence other than a corresponding licence—

      (i)      for a simple variation

$664

      (ii)     for a standard variation

$779

     (iii)     for a complex variation

$1 992

9

Application fee for consent to transfer an aquaculture licence (section 55(4) of Act)—

     (a)     in the case of a corresponding licence—

      (i)      for the transfer of 1 licence

$747

      (ii)     for the transfer of each additional licence if the parties involved in the transfer are the same as for the first transfer

$635

     (b)     in the case of a licence other than a corresponding licence—

      (i)      for the transfer of 1 licence

$747

      (ii)     for the transfer of each additional licence if the parties involved in the transfer are the same as for the first transfer

$635

10

Application fee for consent to surrender an aquaculture licence other than a corresponding licence (section 56(3)(c) of Act)

$585

11

Application fee for exemption from environmental reporting requirements (regulation 31)

$148

12

Application fee for division of a licence area into separate licence areas (regulation 34)

$1 007

13

Application fee for amalgamation of 2 or more licence areas into a single licence area (regulation 35)

$1 285

14

Annual fee for a corresponding licence (section 53(1) of Act) for the financial year commencing on 1 July 2018 and for each subsequent financial year—

     (a)     for an aquaculture licence to farm prescribed wild caught tuna

$16 624

     (b)     for an aquaculture licence to farm finfish other than prescribed wild caught tuna

$7 691

     (c)      for an aquaculture licence to farm abalone in a subtidal area

$8 027

     (d)     for an aquaculture licence to farm mussels in a subtidal area

$1 154

     (e)      for an aquaculture licence to farm molluscs (other than abalone and mussels) in a subtidal area

$2 203

      (f)      for an aquaculture licence to farm molluscs (including abalone, but not including oysters) in an intertidal area

$2 165

     (g)      for an aquaculture licence to farm oysters in an intertidal area

$405 plus $229 for each hectare (rounded to 2 decimal places) in the licence area

     (h)     for an aquaculture licence to farm algae

$2 009

      (i)      for an aquaculture licence authorising the storage of sea cages

$2 009

      (j)      for an aquaculture licence for tourism purposes

$2 009

15

Annual fee for a licence other than a corresponding licence (section 53(1) of Act) for the financial year commencing on 1 July 2018 and for each subsequent financial year—

     (a)     for a category A licence

$555

     (b)     for a category B licence

$1 160

     (c)      for a category C licence

$2 782

     (d)     for a category D licence

$5 553

Miscellaneous fees

16

Application fee for a notation on the register that a specified person has an interest in a lease or licence (section 80(2a) of Act)

$192

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 7 November 2017

No 302 of 2017

17MAFF0047

Fees relating to aquaculture leases
1	Application fee for variation of an aquaculture lease or its conditions (section 25A(5) of Act)—
(a) for a variation consisting of or involving—
(i) the substitution of the lease area (within or outside of an aquaculture zone) where at least 80% of the lease area will remain the same—
(A) if the corresponding licence relating to the lease authorises the farming of prescribed wild caught tuna	$2 448
(B) in any other case	$3 257
(ii) the substitution of the lease area within an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))—
(A) if the farming of prescribed wild caught tuna is a permitted class of aquaculture in the zone	$2 834
(B) in any other case	$4 043
(iii) the substitution of the lease area outside of an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))	$4 848
(b) for a variation of any other kind	$856
2	Application fee for consent to transfer a production lease (section 39(2) of Act)—
(a) for the transfer of 1 lease	$747
(b) for the transfer of each additional lease if the parties involved in the transfer are the same as for the first transfer	$635
3	Application fee for division of a production lease area into separate lease areas (regulation 32)	$1 047
4	Application fee for amalgamation of 2 or more production lease areas into a single lease area (regulation 33)	$1 285
Fees relating to aquaculture licences
5	Application fee for a corresponding licence (section 22(2d) of Act)—
(a) in the case of a corresponding licence authorising activities other than research within an aquaculture zone—
(i) administrative component	$2 465
(ii) advertising component	$1 544
(b) in the case of a corresponding licence authorising research within an aquaculture zone—
(i) administrative component	$3 794
(ii) advertising component	$1 544
(c) in the case of any corresponding licence outside of an aquaculture zone—
(i) administrative component	$3 794
(ii) advertising component	$1 544
6	Application fee for a licence other than a corresponding licence (section 49 of Act)—
(a) for a category A licence—
(i) administrative component	$2 750
(ii) advertising component	$1 544
(b) for a category B licence—
(i) administrative component	$2 750
(ii) advertising component	$1 544
(c) for a category C licence—
(i) administrative component	$4 335
(ii) advertising component	$1 544
(d) for a category D licence—
(i) administrative component	$4 335
(ii) advertising component	$1 544
7	Application fee for renewal of an aquaculture licence other than a corresponding licence (section 50A of Act)—
(a) for the renewal of 1 licence	$747
(b) for the renewal of each additional licence if the parties to the licence are the same as for the first renewal	$679
Note— A corresponding licence is, under section 22(2b) of the Act, renewed on the renewal of the relevant lease without the requirement for an application.
8	Application fee for variation of conditions of an aquaculture licence (section 52(6) of Act)—
(a) in the case of a corresponding licence—
(i) for a simple variation	$1 515
(ii) for a standard variation	$2 003
(iii) for a complex variation	$3 794
(b) in the case of a licence other than a corresponding licence—
(i) for a simple variation	$664
(ii) for a standard variation	$779
(iii) for a complex variation	$1 992
9	Application fee for consent to transfer an aquaculture licence (section 55(4) of Act)—
(a) in the case of a corresponding licence—
(i) for the transfer of 1 licence	$747
(ii) for the transfer of each additional licence if the parties involved in the transfer are the same as for the first transfer	$635
(b) in the case of a licence other than a corresponding licence—
(i) for the transfer of 1 licence	$747
(ii) for the transfer of each additional licence if the parties involved in the transfer are the same as for the first transfer	$635
10	Application fee for consent to surrender an aquaculture licence other than a corresponding licence (section 56(3)(c) of Act)	$585
11	Application fee for exemption from environmental reporting requirements (regulation 31)	$148
12	Application fee for division of a licence area into separate licence areas (regulation 34)	$1 007
13	Application fee for amalgamation of 2 or more licence areas into a single licence area (regulation 35)	$1 285
14	Annual fee for a corresponding licence (section 53(1) of Act) for the financial year commencing on 1 July 2018 and for each subsequent financial year—
(a) for an aquaculture licence to farm prescribed wild caught tuna	$16 624
(b) for an aquaculture licence to farm finfish other than prescribed wild caught tuna	$7 691
(c) for an aquaculture licence to farm abalone in a subtidal area	$8 027
(d) for an aquaculture licence to farm mussels in a subtidal area	$1 154
(e) for an aquaculture licence to farm molluscs (other than abalone and mussels) in a subtidal area	$2 203
(f) for an aquaculture licence to farm molluscs (including abalone, but not including oysters) in an intertidal area	$2 165
(g) for an aquaculture licence to farm oysters in an intertidal area	$405 plus $229 for each hectare (rounded to 2 decimal places) in the licence area
(h) for an aquaculture licence to farm algae	$2 009
(i) for an aquaculture licence authorising the storage of sea cages	$2 009
(j) for an aquaculture licence for tourism purposes	$2 009
15	Annual fee for a licence other than a corresponding licence (section 53(1) of Act) for the financial year commencing on 1 July 2018 and for each subsequent financial year—
(a) for a category A licence	$555
(b) for a category B licence	$1 160
(c) for a category C licence	$2 782
(d) for a category D licence	$5 553
Miscellaneous fees
16	Application fee for a notation on the register that a specified person has an interest in a lease or licence (section 80(2a) of Act)	$192