Aquaculture (Fees) Variation Regulations 2014 (SA)

South Australia

Aquaculture (Fees) Variation Regulations 2014

under the Aquaculture Act 2001

Contents

Part 1—Preliminary

1            Short title
2            Commencement
3            Variation provisions

Part 2—Variation of Aquaculture Regulations 2005

4 Substitution of Schedule 1
Schedule 1—Fees

Part 1—Preliminary

1—Short title
These regulations may be cited as the Aquaculture (Fees) Variation Regulations 2014.
2—Commencement
These regulations will come into operation on 1 July 2014.
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 2005

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

$2 250

     (B)     in any other case

$2 995

      (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

$2 605

     (B)     in any other case

$3 717

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

$4 457

     (b)     for a variation of any other kind

$787

2

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

     (a)     for the transfer of 1 lease

$687

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

$583

3

Application fee for division of a production lease area into separate lease areas (regulation 29)

$962

4

Application fee for amalgamation of 2 or more production lease areas into a single lease area (regulation 30)

$1 181

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 within an aquaculture zone—

      (i)      administrative component

$2 267

      (ii)     advertising component

$1 419

     (b)     in the case of a corresponding licence outside of an aquaculture zone—

      (i)      administrative component

$3 488

      (ii)     advertising component

$1 419

6

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

     (a)     for a low risk (category A) licence—

      (i)      administrative component

$2 114

      (ii)     advertising component

$1 419

     (b)     for a medium risk (category B) licence—

      (i)      administrative component

$2 528

      (ii)     advertising component

$1 419

     (c)      for a high risk (category C) licence—

      (i)      administrative component

$3 986

      (ii)     advertising component

$1 419

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

$687

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

$624

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

$1 393

      (ii)     for a standard variation

$1 841

     (iii)     for a complex variation

$3 488

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

      (i)      for a simple variation

$610

      (ii)     for a standard variation

$716

     (iii)     for a complex variation

$1 831

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

$687

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

$583

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

      (i)      for the transfer of 1 licence

$687

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

$583

10

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

$538

11

Application fee for division of a licence area into separate licence areas (regulation 31)

$925

12

Application fee for amalgamation of 2 or more licence areas into a single licence area (regulation 32)

$1 181

13

Annual fee for a corresponding licence (section 53(1) of Act) for the financial year 2013/14 and for each subsequent financial year—

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

$10 698

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

$4 555

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

$4 919

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

$977

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

$2 025

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

$1 990

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

$374 plus $228 for each hectare (rounded to 2 decimal places) in the licence area

     (h)     for an aquaculture licence to farm algae

$1 848

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

$1 848

14

Annual fee for a licence other than a corresponding licence (section 53(1) of Act) for the financial year 2013/14 and for each subsequent financial year—

     (a)     for a low risk (category A) licence

$608

     (b)     for a medium risk (category B) licence—

      (i)      in the case of a licence authorising the carrying on of aquaculture on a navigable vessel as it operates within an area of State waters or the use of a farming structure designed to be transported by road or rail

$1 700

      (ii)     in any other case

$1 700

     (c)      for a high risk (category C) licence—

      (i)      in the case of a licence authorising the carrying on of aquaculture on a navigable vessel as it operates within an area of State waters or the use of a farming structure designed to be transported by road or rail

$4 988

      (ii)     in any other case

$3 076

Miscellaneous fees

15

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)

$177

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 26 June 2014

No 191 of 2014

14MAFF0017

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	$2 250
(B) in any other case	$2 995
(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	$2 605
(B) in any other case	$3 717
(iii) the substitution of the lease area outside of an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))	$4 457
(b) for a variation of any other kind	$787
2		Application fee for consent to transfer a production lease (section 39(2) of Act)—
(a) for the transfer of 1 lease	$687
(b) for the transfer of each additional lease if the parties involved in the transfer are the same as for the first transfer	$583
3		Application fee for division of a production lease area into separate lease areas (regulation 29)	$962
4		Application fee for amalgamation of 2 or more production lease areas into a single lease area (regulation 30)	$1 181
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 within an aquaculture zone—
(i) administrative component	$2 267
(ii) advertising component	$1 419
(b) in the case of a corresponding licence outside of an aquaculture zone—
(i) administrative component	$3 488
(ii) advertising component	$1 419
6		Application fee for a licence other than a corresponding licence (section 49 of Act)—
(a) for a low risk (*category A*) licence—
(i) administrative component	$2 114
(ii) advertising component	$1 419
(b) for a medium risk (*category B*) licence—
(i) administrative component	$2 528
(ii) advertising component	$1 419
(c) for a high risk (*category C*) licence—
(i) administrative component	$3 986
(ii) advertising component	$1 419
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	$687
(b) for the renewal of each additional licence if the parties to the licence are the same as for the first renewal	$624
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	$1 393
(ii) for a standard variation	$1 841
(iii) for a complex variation	$3 488
(b) in the case of a licence other than a corresponding licence—
(i) for a simple variation	$610
(ii) for a standard variation	$716
(iii) for a complex variation	$1 831
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	$687
(ii) for the transfer of each additional licence if the parties involved in the transfer are the same as for the first transfer	$583
(b) in the case of a licence other than a corresponding licence—
(i) for the transfer of 1 licence	$687
(ii) for the transfer of each additional licence if the parties involved in the transfer are the same as for the first transfer	$583
10		Application fee for consent to surrender an aquaculture licence other than a corresponding licence (section 56(3)(c) of Act)	$538
11		Application fee for division of a licence area into separate licence areas (regulation 31)	$925
12		Application fee for amalgamation of 2 or more licence areas into a single licence area (regulation 32)	$1 181
13		Annual fee for a corresponding licence (section 53(1) of Act) for the financial year 2013/14 and for each subsequent financial year—
(a) for an aquaculture licence to farm prescribed wild caught tuna	$10 698
(b) for an aquaculture licence to farm finfish other than prescribed wild caught tuna	$4 555
(c) for an aquaculture licence to farm abalone in a subtidal area	$4 919
(d) for an aquaculture licence to farm mussels in a subtidal area	$977
(e) for an aquaculture licence to farm molluscs (other than abalone and mussels) in a subtidal area	$2 025
(f) for an aquaculture licence to farm molluscs (including abalone, but not including oysters) in an intertidal area	$1 990
(g) for an aquaculture licence to farm oysters in an intertidal area	$374 plus $228 for each hectare (rounded to 2 decimal places) in the licence area
(h) for an aquaculture licence to farm algae	$1 848
(i) for an aquaculture licence authorising the storage of sea cages	$1 848
14		Annual fee for a licence other than a corresponding licence (section 53(1) of Act) for the financial year 2013/14 and for each subsequent financial year—
(a) for a low risk (*category A*) licence	$608
(b) for a medium risk (*category B*) licence—
(i) in the case of a licence authorising the carrying on of aquaculture on a navigable vessel as it operates within an area of State waters or the use of a farming structure designed to be transported by road or rail	$1 700
(ii) in any other case	$1 700
(c) for a high risk (*category C*) licence—
(i) in the case of a licence authorising the carrying on of aquaculture on a navigable vessel as it operates within an area of State waters or the use of a farming structure designed to be transported by road or rail	$4 988
(ii) in any other case	$3 076
Miscellaneous fees
15		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)	$177