Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 (Vic)
Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007
S.R. No. 12/2007
table of provisions
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6New classes of Aquaculture Licences
7Regulation 230 revoked
8New regulations 230I and 230J inserted
230IEntitlements of Aquaculture (Private Land—Tourism) Licence
230JEntitlements of Aquaculture (Private Land—Indoor Intensive) Licence
9New regulations 231D and 231E inserted
231DEntitlements of Aquaculture (Crown Land—Offshore) Licence
231EEntitlements of Aquaculture (On-shore Abalone) Licence
10Regulation 237 substituted
237Prescribed classes of renewable commercial fishery licences
11Substitution of regulation 617A
617ALevy for Aquaculture Licence holders applied on the basis of area licensed
12Levies on general permits for developing fisheries
13Royalty for individual abalone quota units
14New regulation 624B inserted
624BFee for a notification by holder of Abalone Fishery Access Licence
15New regulation 715 inserted
715Transitional provisions for new classes of Aquaculture Licences
16Table A of Schedule 12 amended
17Tables B, BA, BB and C in Schedule 12 substituted
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ENDNOTES
statutory rules 2007
S.R. No. 12/2007
Fisheries Act 1995
Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007
The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:
Dated: 20 March 2007
Responsible Minister:
JOE HELPER
Minister for Agricultureruth leach
Clerk of the Executive Council
1Objective
The objective of these Regulations is to—
(a)make further provision in relation to fees, levies and royalties payable under the Fisheries Act 1995; and
(b)create new classes of aquaculture licences.
2Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3Commencement
These Regulations come into operation on 1 April 2007.
4Principal Regulations
In these Regulations, the Fisheries Regulations 1998[1] are called the Principal Regulations.
5Definitions
(1)In regulation 105(2) of the Principal Regulations, in the definition of Aquaculture (Crown Land) Licence, after paragraph (d) insert—
"(e)Aquaculture (Crown Land—Offshore) Licence;".
(2)In regulation 105(2) of the Principal Regulations, in the definition of Aquaculture (Private Land) Licence—
(a)omit paragraph (a);
(b)after paragraph (h) insert—
"(i)Aquaculture (Private Land—Tourism) Licence;
(j)Aquaculture (Private Land—Indoor Intensive) Licence;".
6New classes of Aquaculture Licences
In regulation 203 of the Principal Regulations—
(a)omit paragraph (a);
(b)after paragraph (h) insert—
"(ha)Aquaculture (Private Land—Tourism) Licence;
(hb)Aquaculture (Private Land—Indoor Intensive) Licence;";
(c)in paragraph (l), for "Licence." substitute "Licence;";
(d)after paragraph (l) insert—
"(m)Aquaculture (Crown Land—Offshore) Licence;
(n)Aquaculture (On-shore Abalone) Licence.".
7Regulation 230 revoked
Regulation 230 of the Principal Regulations is revoked.
8New regulations 230I and 230J inserted
After regulation 230H of the Principal Regulations insert—
"230I Entitlements of Aquaculture (Private Land—Tourism) Licence
An Aquaculture (Private Land—Tourism) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to—
(a)use, form or create a habitat for hatching, rearing, breeding, displaying or growing fish species specified in the licence where tourism is the primary objective;
(b)hatch, rear, breed, display or grow fish species specified in the licence for on‑site retail sale only;
(c)use the commercial aquaculture equipment specified in the licence.
230JEntitlements of Aquaculture (Private Land—Indoor Intensive) Licence
An Aquaculture (Private Land—Indoor Intensive) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to—
(a)use, form or create a habitat for hatching, rearing, breeding, displaying or growing fish species specified in the licence for sale or other commercial purposes where the aquaculture production facility is wholly or substantially contained indoors, utilises purpose built biological filtration and wholly or substantially recirculates or reconditions the effluent production water;
(b)hatch, rear, breed, display or grow fish species specified in the licence for sale or other commercial purposes;
(c)use the commercial aquaculture equipment specified in the licence.".
9New regulations 231D and 231E inserted
After regulation 231C of the Principal Regulations insert—
"231D Entitlements of Aquaculture (Crown Land—Offshore) Licence
An Aquaculture (Crown Land—Offshore) Licence authorises the licence holder, on the Crown land and in or on the protected waters covering that land specified in the licence, to—
(a)use, form or create a habitat for hatching, rearing, breeding, displaying or growing fish (other than bivalve shellfish for human consumption or abalone) or fishing bait specified in the licence for sale or other commercial purposes;
(b)hatch, rear, breed, display or grow fish (other than bivalve shellfish for human consumption or abalone) or fishing bait specified in the licence for sale or other commercial purposes;
(c)use commercial aquaculture equipment specified in the licence.
231EEntitlements of Aquaculture (On-shore Abalone) Licence
An Aquaculture (On-shore Abalone) Licence authorises the licence holder, on the private land or the Crown land and in or on the protected waters covering that land specified in the licence, to—
(a)use, form or create a habitat for hatching, rearing, breeding, displaying or growing abalone species specified in the licence for sale or other commercial purposes;
(b)hatch, rear, breed, display or grow abalone species specified in the licence for sale or other commercial purposes;
(c)use the commercial aquaculture equipment specified in the licence;
(d)possess abalone (including a commercial quantity) which has been hatched, reared, bred or grown under the licence at the area specified in the licence;
(e)process (other than to shuck) abalone (including a commercial quantity) which has been hatched, reared, bred, displayed or grown under the licence at the area specified in the licence;
(f)sell abalone (including a commercial quantity) which has been hatched, reared, bred, displayed or grown under the licence at the area specified in the licence.".
10Regulation 237 substituted
For regulation 237 of the Principal Regulations substitute—
"237 Prescribed classes of renewable commercial fishery licences
In addition to those specified in section 57 of the Act, every class of Aquaculture Licence is a renewable licence.".
11Substitution of regulation 617A
(1)For regulation 617A of the Principal Regulations substitute—
"617A Levy for Aquaculture Licence holders applied on the basis of area licensed
(1)The holder of a class of Aquaculture Licence specified under subregulation (3) must pay to the Secretary a levy for a specified period calculated in accordance with subregulation (4) if the Secretary makes a declaration under subregulation (2).
Penalty:20 penalty units.
(2)The Secretary may, by notice published in the Government Gazette, declare in respect of a specified period a category of costs for which a levy is charged.
(3)For each category of costs declared under subregulation (2), the Secretary must also specify—
(a)the purpose of the levy;
(b)each class of Aquaculture Licence to which the levy applies;
(c)an area to be a levy area;
(d)the estimated total fixed costs of the Secretary for the purpose specified in paragraph (a);
(e)the total area in hectares of Aquaculture Licences of a class specified in paragraph (b) at the time of making the declaration;
(f)the estimated total variable costs of the Secretary for the purpose specified in paragraph (a) for each levy area specified in paragraph (c);
(g)the total area in hectares of Aquaculture Licences of a class specified in paragraph (b) for each levy area specified in paragraph (c) at the time of making the declaration;
(h)the proportion of the levy to be charged to the holders of Aquaculture Licences of a class specified in paragraph (b).
(4)The levy payable for a category of costs declared in subregulation (2) for each levy area specified in subregulation (3)(c) in which the holder of an Aquaculture Licence of a class specified in subregulation (3)(b) is licensed to operate, is an amount calculated in accordance with the following formula—
where¾
ETFCis the estimated total fixed costs of the Secretary for that category of costs for the period in which the levy will apply for each holder of an Aquaculture Licence of a class specified in subregulation (3)(b) at the time the declaration is made under subregulation (2);
TAis the total area in hectares to which Aquaculture Licences of a class specified in subregulation (3)(b) apply at the time the declaration is made under subregulation (2);
ETVCis the estimated total variable costs of the Secretary for that category of costs for the levy area for the period in which the levy will apply;
TLAis the total area in hectares of Aquaculture Licences of a class specified in subregulation (3)(b) in the levy area;
NHAis the number of hectares of the levy area held by the holder of an Aquaculture Licence of a class specified in subregulation (3)(b) at the time the declaration is made under subregulation (2);
Pis the proportion of the levy specified under subregulation (3)(h) to be charged to the holders of Aquaculture Licences of a class specified in subregulation (3)(b).
(5)The Secretary must give a copy of any declaration made under subregulation (2) to each holder of an Aquaculture Licence of a class specified in subregulation (3)(b) within 14 days after publication of the declaration in the Government Gazette.".
12Levies on general permits for developing fisheries
(1)In regulation 617B of the Principal Regulations for "$2093" substitute "$2145".
(2)In regulation 617C of the Principal Regulations for "$10 480" substitute "$10 742".
(3)In regulation 617D(1) of the Principal Regulations for "$943" substitute "$967"
(4)In regulation 617D(2) of the Principal Regulations for "$1572" substitute "$1611".
13Royalty for individual abalone quota units
(1)In the heading to regulation 620 of the Principal Regulations, omit "blacklip".
(2)In regulation 620 of the Principal Regulations, omit "blacklip" (wherever occurring).
14New regulation 624B inserted
After regulation 624A of the Principal Regulations insert—
"624B Fee for a notification by holder of Abalone Fishery Access Licence
The fee for notification to the Secretary of the nomination of the holder of an Abalone Fishery Access Licence under section 66J(1) of the Act is 3×6 fee units.".
15New regulation 715 inserted
After regulation 714 of the Principal Regulations insert—
"715 Transitional provisions for new classes of Aquaculture Licences
(1)A person who immediately before the commencement of regulation 6 of the Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 came into operation—
(a)was the holder of an Aquaculture (Private Land—Abalone) Licence; or
(b)was—
(i)the holder of an Aquaculture (Crown Land—Abalone) Licence; and
(ii)only operating under that licence on-shore—
is deemed to be, on and from the commencement of that regulation, the holder of an Aquaculture (On-shore Abalone) Licence and that licence is deemed to be due to be renewed on the day on which regulation 6 commences.
(2)A person who immediately before the commencement of regulation 6 of the Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 came into operation was—
(a)the holder of an Aquaculture (Crown Land—Other) Licence; and
(b)operating under that licence in marine waters—
is deemed to be, on and from the commencement of that regulation, the holder of an Aquaculture (Crown Land—Offshore) Licence and that licence is deemed to be due to be renewed on the day on which regulation 6 commences.".
16Table A of Schedule 12 amended
In Table A in Schedule 12 to the Principal Regulations—
(a)omit item 27; and
(b)after item 34 insert—
"34A. Aquaculture (Private Land—Indoor Intensive) Licence 120×6 fee units 18×9 fee units 34B. Aquaculture (Private Land—Tourism) Licence 120×6 fee units 18×9 fee units"; and (c)after item 38 insert—
"39. Aquaculture (Crown Land—Offshore) Licence 120×6 fee units 18×9 fee units Aquaculture (On-shore) Licences 40. Aquaculture (On-shore Abalone) Licence 120×6 fee units 18×9 fee units".
17Tables B, BA, BB and C in Schedule 12 substituted
For Tables B, BA, BB and C in Schedule 12 to the Principal Regulations substitute—
"TABLE B
LEVIES FOR COMMERCIAL FISHERY ACCESS LICENCES
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Abalone Fishery Access Licence (Western Zone) | $2054 | $0 | $0 | $0 | $51 | $2105 |
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Abalone Fishery Access Licence (Central Zone) | $2054 | $0 | $0 | $0 | $51 | $2105 |
| Abalone Fishery Access Licence (Eastern Zone) | $2054 | $0 | $0 | $0 | $51 | $2105 |
| Bait (General) Fishery Access Licence | $208 | $2 | $39 | $19 | $345 | $613 |
| Corner Inlet Fishery Access Licence | $192 | $143 | $1592 | $235 | $345 | $2507 |
| Eel Fishery Access Licence | $303 | $556 | $69 | $77 | $345 | $1350 |
| Giant Crab Fishery Access Licence | $231 | Variable amount: $3.45 per quota unit (for combined compliance and research levies) | $50 | $345 | $626 plus variable amount calculated as set out in the combined Column 3 and 4 | |
| Gippsland Lakes Fishery Access Licence | $318 | $177 | $1503 | $232 | $345 | $2575 |
| Gippsland Lakes Fishery (Bait) Access Licence | $262 | $19 | $39 | $19 | $258 | $597 |
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Gippsland Lakes Fishery (Mussel Dive) Access Licence | $217 | $2 | $1 | $19 | $345 | $584 |
| Lake Tyers (Bait) Access Licence | $208 | $0 | $39 | $19 | $258 | $524 |
| Mallacoota Lower Lake Fishery (Bait) Access Licence | $208 | $0 | $39 | $19 | $258 | $524 |
| Ocean Fishery Access Licence | $210 | $8 | $7 | $17 | $345 | $587 |
| Port Phillip Bay (Mussel Bait) Access Licence | $208 | $0 | $39 | $19 | $258 | $524 |
| Purse Seine (Ocean) Access Licence | $413 | $191 | $7 | $17 | $345 | $973 |
| Purse Seine (Port Phillip Bay) Fishery Access Licence | $250 | $39 | $7 | $0 | $345 | $641 |
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Rock Lobster Fishery (Western Zone) Access Licence | $909 | Variable amount: $47.90 per quota unit, plus $18.28 for each rock lobster pot specified in licence (for combined compliance and research levies) | $372 | $345 | $1626 plus variable amount calculated as set out in the combined Column 3 and 4 | |
| Rock Lobster Fishery (Eastern Zone) Access Licence | $422 | Variable amount: $21.89 per quota unit, plus $5.20 for each rock lobster pot specified in licence (for combined compliance and research levies) | $97 | $345 | $864 plus variable amount calculated as set out in the combined Column 3 and 4 | |
| Scallop (Ocean) Fishery Access Licence | $388 | $488 | $7 | $25 | $345 | $1253 |
| Snowy River Fishery (Bait) Access Licence | $208 | $0 | $39 | $19 | $258 | $524 |
| Sydenham Inlet Fishery (Bait) Access Licence | $208 | $0 | $39 | $19 | $258 | $524 |
| Trawl (Inshore) Fishery Access Licence | $214 | $40 | $10 | $18 | $345 | $627 |
| Western Port/ Port Phillip Bay Fishery Access Licence | $223 | $435 | $1376 | $147 | $345 | $2526 |
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Wrasse (Ocean) Fishery Access Licence | $253 | $8 | $19 | $17 | $345 | $642 |
Note:1. FMS means Fisheries Management Services.
2.FRDC means Fisheries Research Development Corporation.
TABLE BA
LEVIES FOR FISH RECEIVERS' LICENCES
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 | |||||||
| Fish Receivers' (Abalone) Licence | $198 | $125 | $0 | $0 | $3759 | $4082 | |||||||
| Fish Receivers' (Scallop) Licence | $225 | $249 | $0 | $0 | $677 | $1151 |
Note:1. FMS means Fisheries Management Services.
2.FRDC means Fisheries Research Development Corporation.
TABLE BB
LEVIES FOR AQUACULTURE LICENCES
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Aquaculture (Private Land—Eels) Licence | $421 | $162 | $48 | $154 | $0 | $785 |
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Aquaculture (Private Land—Marine) Licence | $194 | $59 | $48 | $154 | $0 | $455 |
| Aquaculture (Private Land—Ornamentals) Licence | $71 | $87 | $48 | $154 | $0 | $360 |
| Aquaculture (Private Land—Other) Licence | $0 | $0 | $48 | $154 | $0 | $202 |
| Aquaculture (Private Land—Salmonids) Licence | $98 | $19 | $48 | $154 | $0 | $319 |
| Aquaculture (Private Land—Warm Water Finfish) Licence | $113 | $44 | $48 | $154 | $0 | $359 |
| Aquaculture (Private Land—Yabbies) Licence | $49 | $15 | $48 | $154 | $0 | $266 |
| Aquaculture (Private Land—Yabbies—Multi-waters) Licence | $79 | $16 | $48 | $154 | $0 | $297 |
| Aquaculture (Crown Land—Other) Licence | $49 | $40 | $48 | $154 | $0 | $291 |
| Column 1
| Column 2
| Column 3
| Column 4 Research FMS1 Levy | Column 5
| Column 6
| Column 7 TOTAL of Columns 2 to 6 |
| Aquaculture (Crown Land—Abalone) Licence | $241 | $134 | $48 | $154 | $0 | $577 |
| Aquaculture (Crown Land—Eels) Licence | $168 | $314 | $48 | $154 | $0 | $684 |
| Aquaculture (Crown Land—Bivalve Shellfish) Licence | $578 | $86 | $48 | $154 | $0 | $866 |
| Aquaculture (Private Land—Tourism) Licence | $98 | $19 | $48 | $154 | $0 | $319 |
| Aquaculture (Private Land—Indoor Intensive) Licence | $113 | $44 | $48 | $154 | $0 | $359 |
| Aquaculture (Crown Land Offshore) Licence | $49 | $40 | $48 | $154 | $0 | $291 |
| Aquaculture (On-shore Abalone) Licence | $935 | $466 | $48 | $154 | $0 | $1603 |
Note:1. FMS means Fisheries Management Services.
2.FRDC means Fisheries Research Development Corporation.
TABLE C
LEVIES FOR INDIVIDUAL ABALONE QUOTA UNITS
| Column 1 Category of individual abalone quota unit | Column 2
| Column 3
| Column 4
| Column 5
| Column 6
| Column 7
|
| Individual abalone quota unit (Western Zone) | $302 | $289 | $283 | $85 | $338 | $1297 |
| Individual abalone quota unit (Central Zone) | $304 | $319 | $283 | $85 | $315 | $1306 |
| Individual abalone quota unit (Eastern Zone) | $456 | $494 | $283 | $85 | $51 | $1369 |
Note:1. FMS means Fisheries Management Services.
2.FRDC means Fisheries Research Development Corporation.".
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ENDNOTES
[1] Reg. 4: S.R. No. 23/1998. Reprint No. 6 as at 1 April 2006. Reprinted to S.R. No. 28/2006 and subsequently amended by S.R. Nos 63/2006, 109/2006 and 122/2006.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2006 is $10.75. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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