Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 11

–––––––

Fisheries Levy (Northern Prawn Fishery) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Fisheries Levy Act 1984.

Dated 23 January 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industry

–––––––––

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Fisheries Levy (Northern Prawn Fishery) Regulations.

Interpretation

2. Regulation 3 of the Principal Regulations is amended—

(a) by inserting after the definition of “boat” in sub-regulation (1) the following definition:

“ ‘first fishing period’ has the same meaning as in the plan of management;”;

(b) by inserting after the definition of “plan of management” in sub-regulation (1) the following definition:

“ ‘second fishing period’ has the same meaning as in the plan of management;”; and

(c) by omitting from sub-regulation (2) “and ‘Class B unit of fishing capacity’ ” and substituting “, ‘Class B unit of fishing capacity’ and ‘Class C unit of fishing capacity’ ”.

 

3. Regulation 4 of the Principal Regulations is repealed and the following regulation substituted:

Prescribed classes of licences

“4. For the purposes of paragraphs 5 (a) and (ba) of the Act, each of the following classes is a prescribed class of licences:

(a) a class of licences under sub-section 9 (2) of the Fisheries Act in respect of boats to which one or more Class A units of fishing capacity, other than suspense units, and one Class B unit of fishing capacity have been assigned in accordance with the plan of management;

(b) a class of licences under sub-section 9 (2) of the Fisheries Act in respect of boats to which one or more Class A units of fishing capacity, other than suspense units, and one Class C unit of fishing capacity have been assigned in accordance with the plan of management.”.

Prescribed units of fishing capacity

4. Regulation 5 of the Principal Regulations is amended by adding at the end of sub-regulation (1) the following paragraph:

“(c) a suspense unit allocated to a person on an application made at the same time as that person makes a further application to convert that unit to a Class A unit of fishing capacity, to allocate that Class A unit of fishing capacity to that person and to assign that Class A unit of fishing capacity to a boat in accordance with the plan of management.”.

5. Regulation 6 of the Principal Regulations is repealed and the following regulation substituted:

Amounts of levy

“6. (1) The amount of levy imposed by paragraph 5 (a) of the Act on the grant of a licence included in the prescribed class of licences referred to in paragraph 4 (a) of these Regulations, being a licence that remains in force during the first fishing period, is—

(a) where the number of Class A units of fishing capacity, other than suspense units, allocated to the holder of the licence, and assigned to the boat specified in the licence, in accordance with the plan of management is not more than 375—an amount calculated at the rate of $7 for each such unit; or

(b) in any other case—an amount calculated at the rate of S12 for each Class A unit of fishing capacity, other than a suspense unit, allocated to the holder of the licence, and assigned to the boat specified in the licence, in accordance with the plan of management.

“(2) The amount of levy imposed by paragraph 5 (a) of the Act on the grant of a licence included in the prescribed class of licences referred to in paragraph 4 (b) of these Regulations is an amount calculated at the rate of

$1 for each Class A unit of fishing capacity, other than a suspense unit, allocated to the holder of the licence, and assigned to the boat specified in the licence, in accordance with the plan of management.

“(3) The amount of levy imposed by paragraph 5 (ba) of the Act on the renewal of a licence included in the prescribed class of licences referred to in paragraph 4 (a) of these Regulations, being a renewal by virtue of which the licence remains in force during the second fishing period, is—

(a) where the number of Class A units of fishing capacity, other than suspense units, allocated to the holder of the licence, and assigned to the boat specified in the licence, in accordance with the plan of management is not more than 375—an amount calculated at the rate of $15 for each such unit; or

(b) in any other case—an amount calculated at the rate of $30 for each Class A unit of fishing capacity, other than a suspense unit, allocated to the holder of the licence, and assigned to the boat specified in the licence, in accordance with the plan of management.

“(4) The amount of levy imposed by paragraph 5 (bc) of the Act on the allocation of a prescribed unit of fishing capacity to a person is—

(a) where the allocation expires on the commencement of the first day of the second fishing period—$12; or

(b) where the allocation expires on the expiration of the last day of the second fishing period—$30.

“(5) The amount of levy imposed by paragraph 5 (bd) of the Act on the renewal of the allocation of a prescribed unit of fishing capacity to a person is—

(a) where the renewal of the allocation expires on the commencement of the first day of the second fishing period—$12; or

(b) where the renewal of the allocation expires on the expiration of the last day of the second fishing period—$30”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 January 1987.

2. Statutory Rules 1986 No. 18 as amended by Statutory Rules 1986 No. 397.