Fisheries (Fees, Royalties and Levies) Amendment Regulations 2019 (Vic)

Fisheries (Fees, Royalties and Levies) Amendment Regulations 2019

S.R. No. 164/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions and interpretation

6Regulation 12 substituted

7Levies on access licences

8Levies on fish receiver licences

9Levies on individual quota units

10Update of references to the Fisheries Regulations 2019

11Schedule 2 amended

12Schedule 3 amended

13Schedule 4 revoked

14Schedule 6 amended

15Schedule 7 amended

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Endnotes

STATUTORY RULES 2019

S.R. No. 164/2019

Fisheries Act 1995

Fisheries (Fees, Royalties and Levies) Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 23 December 2019

Responsible Minister:

JAALA PULFORD
Minister for Fishing and Boating

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Fisheries (Fees, Royalties and Levies) Regulations 2017—

(a)to prescribe fees and levies with respect to commercial fishery licences and individual quota units; and

(b)to make consequential amendments to those Regulations arising from the making of the Fisheries Regulations 2019.

2Authorising provisions

These Regulations are made under sections 151, 151A and 153 of the Fisheries Act 1995.

3Commencement

These Regulations come into operation on 1 February 2020.

4Principal Regulations

In these Regulations, the Fisheries (Fees, Royalties and Levies) Regulations 2017[1] are called the Principal Regulations.

5Definitions and interpretation

(1)In regulation 5(1) of the Principal Regulations insert the following definition—

"abalone fishery has the same meaning as abalone (commercial) fishery has in Schedule 16 to the Fisheries Regulations 2019;".

(2)In regulation 5(2) of the Principal Regulations, for "Fisheries Regulations 2009" substitute "Fisheries Regulations 2019".

6Regulation 12 substituted

For regulation 12 of the Principal Regulations substitute—

"12   Fee for application for transfer of individual quota units for fisheries other than the abalone fishery

The fee for an application for the transfer of a fraction of, or one or more, individual quota units under section 65A of the Act in a quota fishery other than the abalone fishery is 2·6 fee units.".

7Levies on access licences

(1)In regulation 19(1) of the Principal Regulations—

(a)after paragraph (d) insert—

"(da)a Banded Morwong Fishery Access Licence;";

(b)for paragraph (n) substitute—

"(n)an Octopus Fishery Access Licence;

(na)a Pipi Fishery Access Licence;".

8Levies on fish receiver licences

For regulation 20 of the Principal Regulations substitute—

"20   Levies on fish receiver licences

(1)For the purposes of section 151(1) of the Act, a Fish Receiver (Abalone) Licence is a prescribed class of licence.

(2)For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of a Fish Receiver (Abalone) Licence—

(a)for management services, a nil levy;

(b)for compliance services, a levy of 80·2 fee units;

(c)for research services, a nil levy;

(d)for administration services, a levy of 238·9 fee units.".

9Levies on individual quota units

After regulation 22(1)(f) of the Principal Regulations insert—

"(fa)an individual octopus quota unit;

(fb)an individual pipi quota unit;".

10Update of references to the Fisheries Regulations 2019

(1)In regulations 32, 33 and 34 of the Principal Regulations, for "Fisheries Regulations 2009" substitute "Fisheries Regulations 2019".

(2)In the note at the foot of regulation 34 of the Principal Regulations, for "regulation 105 of the Fisheries Regulations 2009" substitute "regulation 152 of the Fisheries Regulations 2019".

11Schedule 2 amended

In Schedule 2 to the Principal Regulations—

(a)after item 4 insert—

"4A Banded Morwong Fishery Access Licence 20·4 fee units 15·3 fee units";

(b)for item 14 substitute—

"14	Octopus Fishery Access Licence	20·4 fee units	15·3 fee units
14A	Pipi Fishery Access Licence	20·4 fee units	15·3 fee units";

(c)for item 26 substitute—

"26 Fish Receiver (Abalone) Licence 20·4 fee units 15·3 fee units";

(d)item 27 is revoked.

12Schedule 3 amended

In Schedule 3 to the Principal Regulations—

(a)after item 4 insert—

"4A Banded Morwong Fishery Access Licence 35·6 fee units 221·4 fee units 82·8 fee units 12·2 fee units";

(b)for item 14 substitute—

"14	Octopus Fishery Access Licence	1·4 fee units	1·9 fee units	3·3 fee units	1·4 fee units
14A	Pipi Fishery Access Licence	1 fee unit	15·2 fee units	2 fee units	2·4 fee units".

13Schedule 4 revoked

Schedule 4 to the Principal Regulations is revoked.

14Schedule 6 amended

In Schedule 6 to the Principal Regulations, after item 6 insert—

"6A	Individual octopus quota unit	1·2 fee units	Nil	Nil	Nil	Nil
6B	Individual pipi quota unit	1·7 fee units	Nil	Nil	Nil	Nil".

15Schedule 7 amended

In Schedule 7 to the Principal Regulations—

(a)after item 4 insert—

"4A Banded Morwong Fishery Access Licence 32·1 fee units";

(b)in item 7, for "Fish Receivers' (Abalone) Licence" substitute "Fish Receiver (Abalone) Licence";

(c)item 8 is revoked;

(d)for item 19 substitute—

"19	Octopus Fishery Access Licence	32·1 fee units
19A	Pipi Fishery Access Licence	32·1 fee units".

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Endnotes

[1] Reg. 4: S.R. No. 118/2017 as amended by S.R. No. 11/2019.

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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 2019 is $14.81. 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.