Aquaculture (Oyster) (Fees) Variation Regulations 2018 (SA)

South Australia

Aquaculture (Oyster) (Fees) Variation Regulations 2018

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 (Oyster) (Fees) Variation Regulations 2018.
2—Commencement
These regulations will come into operation on 1 July 2018, immediately after the commencement of the Aquaculture (Fees 2018) Variation Regulations 2017.
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, mussels and oysters) 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

nil

     (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

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 21 June 2018

No 168 of 2018

MPI18/0004CS

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, mussels and oysters) 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	nil
(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