Fisheries (Fees) Variation Regulations 2005 (SA)
South Australia
Fisheries (Fees) Variation Regulations 2005
under the Fisheries Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Interpretation
Variation provisions
Part 2—Variation of Fisheries (Fish Processors) Regulations 1991
Substitution of Schedule 1
Schedule 1—Fees
Part 3—Variation of Fisheries (General) Regulations 2000
Substitution of Schedule 5
Schedule 5—Fees
Part 4—Variation of Fisheries (Scheme of Management—Abalone Fisheries) Regulations 1991
Substitution of Schedule 1
Schedule 1—Fees
Transitional provision
Part 5—Variation of Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998
Substitution of Schedule 2
Schedule 2—Fees
Transitional provision
Part 6—Variation of Fisheries (Scheme of Management—Lakes and Coorong Fishery) Regulations 1991
Variation of regulation 8—Renewal of licences
Transitional provision
Part 7—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
Substitution of Schedule 2
Schedule 2—Fees
Transitional provision
Part 8—Variation of Fisheries (Scheme of Management—Miscellaneous Fishery) Regulations 2000
Substitution of Schedule 4
Schedule 4—Fees
Transitional provision
Part 9—Variation of Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991
Substitution of Schedule 2
Schedule 2—Fees
Transitional provision
Part 10—Variation of Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991
Substitution of Schedule 2
Schedule 2—Fees
Transitional provision
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries (Fees) Variation Regulations 2005.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
In these regulations—
(a)licence period means the period of 12 months commencing on 1 July in any year;
(b)a reference to the principal regulations is a reference to the regulations specified in the heading to the Part in which the reference occurs.
4—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 Fisheries (Fish Processors) Regulations 1991
5—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Fees
1
For registration or renewal of registration as a fish processor (regulation 5)—
(a) in the case of an application by an eligible applicant
$131
(b) in any other case
$758
2
Fee (per species) (in addition to the fee payable under clause 1(b)) where the applicant (not being an eligible applicant) proposes to process any of the following species of fish pursuant to the registration:
abalone (Haliotis spp.) of all species
western king prawn (Penaeus latisulcatus)
southern rock lobster (Jasus edwardsii).
$980
Where registration is to be granted or renewed for a term of less than the registration period, the fee is a proportion of the fee set out above, being the proportion that the number of complete months in the term of registration bears to the number of months in the registration period.
3
For processing an application to have premises, places, boats or vehicles specified in the certificate of registration (regulation 6)
$23
Part 3—Variation of Fisheries (General) Regulations 2000
6—Substitution of Schedule 5
Schedule 5—delete the Schedule and substitute:
Schedule 5—Fees
(Regulation 27)
1
For registration of a mesh net to be used by any person other than for trade or business (regulation 8)—
(a) where the applicant produces evidence to the satisfaction of the Director that he or she is in receipt of an age or invalid pension or is the holder of a State Concession Card issued by the Department for Families and Communities (per annum)
$15
(b) in any other case (per annum)
$30
No fee is payable where the Director registers a mesh net for a period of less than 1 year for the purpose of achieving a common expiry date for the registration of that mesh net and the registration of any other mesh net owned by the same person.
2
For registration of a rock lobster pot to be used by any person other than for trade or business (regulation 8)—
(a) for registration of 1 rock lobster pot
$50
(b) for registration of 2 rock lobster pots
$140
3
For registration of a device to be used pursuant to a fishery licence (regulation 9)—
(a) for registration of 1 or more swinger nets to be used pursuant to a licence in respect of the Lakes and Coorong Fishery
no fee
(b) for registration of 1 or more fish nets (other than swinger nets) to be used pursuant to a licence in respect of the Lakes and Coorong Fishery
$1 479
(c) for registration of 1 or more fish nets to be used pursuant to a licence in respect of a rock lobster fishery
$1 479
(d) for registration of 1 or more pilchard nets to be used pursuant to a licence in respect of the Marine Scalefish Fishery
$68 602
(e) for registration of 1 or more fish nets (other than pilchard nets) to be used pursuant to a licence in respect of a marine scalefish fishery or the Miscellaneous Fishery
$2 956
(f) for registration of a fish net used solely to take fish for bait provided that the bait is not for sale
no fee
(g) for registration of 1 or more sand crab pots to be used pursuant to a licence in respect of the Marine Scalefish Fishery
no fee
4
On application to vary the endorsement on a fishery licence of—
(a) a boat used pursuant to the licence
$80
(b) the person registered as the master of a boat used pursuant to the licence
$80
5
On application to endorse an additional boat on a fishery licence
$80
6
On application to register an interest in a fishery licence (section 65(3) of the Act)
$130
7
On application for a permit under the Act
$80
8
On application for an exemption (section 59 of the Act)
$100
9
On application for the issue of a duplicate authority
$20
10
On application for the issue of a replacement tag for a rock lobster pot registered under regulation 8
$20
Part 4—Variation of Fisheries (Scheme of Management—Abalone Fisheries) Regulations 1991
7—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Fees
1
On application for the renewal of a licence in respect of—
(a) the Central Zone Abalone Fishery
$67 189
(b) the Southern Zone Abalone Fishery
$66 134
(c) the Western Zone Abalone Fishery
$66 202
2
On application for the transfer of a licence in respect of an abalone fishery
$300
3
On application under regulation 13, 13A or 13B by the holder of a licence in respect of an abalone fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of abalone
$100
8—Transitional provision
A fee prescribed by Schedule 1 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 7, a fee prescribed by Schedule 1 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Part 5—Variation of Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998
9—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Fees
1
On application for the issue of a licence in respect of the fishery
$2 288.00
2
On application for the issue of a licence (in addition to the fee payable under clause 1)—for each blue crab unit to be allocated to the licence
$21.90
3
On application for the renewal of a licence in respect of the fishery
$2 288.00
4
On application for the renewal of a licence (in addition to the fee payable under clause 3)—for each blue crab unit allocated to the licence
$21.90
5
On application for the transfer of a licence in respect of the fishery
$300.00
6
On application under regulation 15 by the holder of a licence in respect of the fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of blue crab
$100.00
10—Transitional provision
A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 9, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Part 6—Variation of Fisheries (Scheme of Management—Lakes and Coorong Fishery) Regulations 1991
11—Variation of regulation 8—Renewal of licences
Regulation 8(5)(a)(i)—delete "$5 241" and substitute:
$5 816
Regulation 8(5)(a)(ii)—delete "$5 331" and substitute:
$5 906
12—Transitional provision
A fee prescribed by regulation 8 of the principal regulations as varied by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 11, a fee prescribed by regulation 8 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Part 7—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
13—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Fees
1
On application for the renewal of a licence in respect of a marine scalefish fishery
$3 212.00
2
On application for the renewal of a licence endorsed with a condition fixing a blue crab quota on the licence (in addition to the fee payable under clause 1)—for each blue crab unit allocated to the licence
$75.90
3
On application for the transfer of a licence in respect of a marine scalefish fishery
$300.00
4
On application under regulation 14B by the holder of a licence in respect of a marine scalefish fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of blue crab
$100.00
5
On application under regulation 14C by the holder of a licence in respect of the Marine Scalefish Fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of pilchards
$100.00
14—Transitional provision
A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 13, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Part 8—Variation of Fisheries (Scheme of Management—Miscellaneous Fishery) Regulations 2000
15—Substitution of Schedule 4
Schedule 4—delete Schedule 4 and substitute:
Schedule 4—Fees
1
On application for the issue of a licence in respect of the fishery—
(a) in the case of a licence to be issued for the term of the licence period
$3 212.00
(b) in the case of a licence to be issued for a term of less than the licence period—a proportion of the fee specified in paragraph (a), being the proportion that the number of months (part of a month being treated as a whole month) in the term of the licence bears to the number of months in the licence period.
2
On application for the renewal of a licence in respect of the fishery
$3 212.00
3
On application for the renewal of a licence endorsed with a condition fixing a giant crab quota on the licence (in addition to the fee payable under clause 2)—for each giant crab unit allocated to the licence
$25.70
4
On application for the renewal of a licence endorsed with a condition fixing a giant crab quota on the licence (in addition to the fees payable under clauses 2 and 3)
$600.00
5
On application under regulation 11 by the holder of a licence in respect of the fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of giant crab
$100.00
16—Transitional provision
A fee prescribed by Schedule 4 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 15, a fee prescribed by Schedule 4 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Part 9—Variation of Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991
17—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Fees
1
On application for the renewal of a licence in respect of—
(a) the Gulf St. Vincent Prawn Fishery
$27 023
(b) the Spencer Gulf Prawn Fishery
$20 587
(c) the West Coast Prawn Fishery
$10 332
2
On application for the transfer of a licence in respect of a prawn fishery
$300
18—Transitional provision
A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 17, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
Part 10—Variation of Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991
19—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Fees
1
On application for the renewal of a licence in respect of the Northern Zone Rock Lobster Fishery—
(a) in the case of a licence that will, on its renewal, be subject to a condition limiting the holder of the licence to the taking of rock lobster, octopus and giant crab
$10 728.00
(b) in the case of a licence that will, on its renewal, be subject to a condition limiting the holder of the licence to the taking of—
(ii) rock lobster, octopus and giant crab; and
(ii) fish of a species (other than octopus or giant crab) prescribed by Schedule 1 for the purpose of bait only
$11 228.00
(c) in any other case
$12 181.00
2
On application for the renewal of a licence in respect of the Northern Zone Rock Lobster Fishery (in addition to the fee payable under clause 1)—for each rock lobster pot endorsed on the licence
$88.00
3
On application for the renewal of a licence endorsed with a condition fixing a giant crab quota on the licence (in addition to the fees payable under clauses 1 and 2)—for each giant crab unit allocated to the licence
$25.70
4
On application for the renewal of a licence endorsed with a condition limiting the number of giant crab that may be taken on each boat trip (in addition to the fees payable under clauses 1, 2 and 3)
$28.60
5
On application for the renewal of a licence in respect of the Southern Zone Rock Lobster Fishery—
(a) in the case of a licence that will, on its renewal, be subject to a condition limiting the holder of the licence to the taking of rock lobster, octopus and giant crab
$7 573.00
(b) in the case of a licence that will, on its renewal, be subject to a condition limiting the holder of the licence to the taking of—
(i) rock lobster, octopus and giant crab; and
(ii) fish of a species (other than octopus or giant crab) prescribed by Schedule 1 for the purpose of bait only
$8 073.00
(c) in any other case
$9 026.00
6
On application for the renewal of a licence in respect of the Southern Zone Rock Lobster Fishery (in addition to the fee payable under clause 5)—for each rock lobster pot endorsed on the licence
$96.00
7
On application for the renewal of a licence in respect of the Southern Zone Rock Lobster Fishery endorsed with a condition fixing a giant crab quota on the licence (in addition to the fees payable under clauses 5 and 6)—for each giant crab unit allocated to the licence
$25.70
8
On application for the renewal of a licence endorsed with a condition limiting the number of giant crab that may be taken on each boat trip (in addition to the fees payable under clauses 5, 6 and 7)
$28.60
9
On application for transfer of a licence in respect of either rock lobster fishery
$300.00
10
On application under regulation 14 by the holder of a licence in respect of a rock lobster fishery to vary the conditions of the licence so as to alter the rock lobster pot entitlement under the licence
$100.00
11
On application under regulation 14AA by the holder of a licence in respect of the Northern Zone Rock Lobster Fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of rock lobster
$100.00
12
On application under regulation 14A by the holder of a licence in respect of the Southern Zone Rock Lobster Fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of rock lobster
$100.00
13
On application under regulation 14B by the holder of a licence in respect of a rock lobster fishery to vary the conditions of the licence so as to alter the unit entitlement of the licence in respect of giant crab
$100.00
The fee prescribed in relation to an application under regulation 14 is not payable if, at the same time, an application under regulation 14AA or regulation 14A is made in respect of the same licence and the fee prescribed in relation to that application is paid.
20—Transitional provision
A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2005.
Despite regulation 19, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2004.
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 16 June 2005
No 138 of 2005
MAFF05/0014CS
0
0
0