Fisheries Levy Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 297 1

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Fisheries Levy Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Levy Act 1984.

Dated 17 November 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

m. j. lee

Minister for Resources

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1.   Amendment

1.1   The Fisheries Levy Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Insert the following definition:

“ ‘informally managed fishery’ means any fishery, except a fishery for which there is:

• (a)

  an instrument in force:

  • (i)

    to which paragraph 5 (a), (b), (ba), (bb), (bc), (bd) or (c) of the Act applies; and

  • (ii)

    in respect of which an amount of levy is prescribed in regulations, except these Regulations, in force under the Act; or

• (b)

  a fishing concession in respect of which an amount of levy is prescribed in regulations, except the Fishing Levy Regulations, in force under the Fishing Levy Act 1991;”.

3.   Regulation 3 (Prescribed licences)

3.1   Subregulation 3 (1):

Omit “in respect of an Australian boat, other than:”, substitute “for an informally managed fishery in respect of an Australian boat, except:”.

3.2   Subregulation 3 (1):

Add at the end:

• “; or

  (c) a boat in respect of which:

  • (i)

    a licence is in force in relation to an informally managed fishery under subsection 9 (2) or (3) of that Act for which levy has been paid; and

  • (ii)

    a fishing concession is in force under the Fisheries Management Act 1991 in relation to that fishery for which levy has been paid under that Act.”.

3.3   Subregulation 3 (2):

Omit “in respect of an Australian boat, other than:”, substitute “for an informally managed fishery in respect of an Australian boat, except:”.

3.4   Subregulation 3 (2):

Add at the end:

• “; or

  (c) a boat in respect of which:

  • (i)

    a licence is in force in relation to an informally managed fishery under subsection 9 (2) or (3) of that Act for which levy has been paid; and

  • (ii)

    a fishing concession is in force under the Fisheries Management Act 1991 in relation to that fishery for which levy has been paid under that Act.”.

4.   Regulation 4 (Rate of levy in respect of the grant or renewal of a fisheries licence)

4.1   Omit “$395”, substitute “$700”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 November 1993.

2. Statutory Rules 1988 No. 272.