Fisheries Management Act 1994 Fisheries Management (Aquaculture) Amendment (Fees and Research Contributions) Regulation 1998 (1998-474) [GG No 123 of 21.8.1998, p 6218] (NSW)

1998 No 474

New South Wales

Fisheries Management (Aquaculture)

Amendment (Fees and Research

Contributions) Regulation 1998

under the

Fisheries Management Act 1994

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.

Bob Martin

Minister for Fisheries

Explanatory note

The object of this Regulation is to amend the Fisheries Management

(Aquaculture) Regulation 1995:

to reduce the application fees payable by persons making multiple
applications at the one time, and
to exempt holders of class G aquaculture permits (which authorise
experimental aquaculture) from making annual research contributions
to the Minister for Fisheries, and
to reduce the annual research contribution for class C, E and F

aquaculture permits to a flat fee of $100, and

to alter the collection of the annual research contribution from a

calendar year to a financial year basis, and

more than one aquaculture permit to an amount equal to the highest
to reduce the annual research contribution payable by a person holding
contribution that applies to any one of those permits, and
Published in Gazette No 123 of 21 August 1998, page 6218	Page 1
[8]

1998 No 474

Fisheries Management (Aquaculture) Amendment (Fees and Research Contributions) Regulation 1998

Explanatory note

(f) to enable the Minister to reduce the annual research contribution payable by a person issued with an aquaculture permit part-way through a financial year on a pro rata basis.

This Regulation is made under the Fisheries Management Act 1994, including sections 145, 156 and 289 (the general regulation-making power).

1998 No 474

Fisheries Management (Aquaculture) Amendment ( F e e s and Research Contributions) Regulation 1998 C l a u s e 1

Fisheries Management (Aquaculture) Amendment
(Fees and Research Contributions) Regulation

1998

Name of Regulation

This Regulation is the Fisheries Management (Aquaculture

Amendment (Fees and Reseach Contributions) Regulation 1998.

Amendment of Fisheries Management (Aquaculture) Regulation
1995

The Fisheries Management (Aquaculture) Regulation 1995 is amended as set out in Schedule 1.

Notes

The explanatory note does not form part of this Regulation.

1998 No 474

Fisheries Management (Aquaculture) Amendment (Fees and Research Contributions) Regulation 1998

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 2)

1. Clause 3 Definitions

   Insert in alphabetical order in clause 3 (1):

   financial year means the period of 12 months beginning

   on 1 July.

   water production area means a water area available for

   aquaculture but does not include any water storage area
   or effluent storage area.

2. Clause 5 Fee payable when applying for an aquaculture permit

Omit "The" from clause 5 (1).
Insert instead "Subject to subclause (3), the".

1. Clause 5 (3)

   Insert after clause 5 (2) :

(3)

If a person makes more than one application for an aquaculture permit at the same time, the total fee required to be paid for those applications is the sum of the highest application fee that applies to any one of those applications, and:

( a )	for each additional application for a class I permit—$50, or
(b)	for each other application—$100.

1. Clause 7 Aquaculture permit holders liable to pay contributions for research

   Insert "class G or a” after "holder of a" in clause 7 (2) .

Omit the subclause. Insert instead:

(4) If the aquaculture farm or farms to which the permit relates are not located on public water land. the prescribed annual contribution is:

1998 No 474

Fisheries Management (Aquaculture) Amendment ( F e e s and Research Contributions) Regulation 1998

Amendments Schedule 1

(a)

in the case of a class D or H permit, the greater of:

(i)	$100, or
(ii)	$20 per hectare of the total water production area on the aquaculture farm or farms, or

(b)

in the case of a class C, E or F permit, $100.

[6]        Clause 7 (5)

Omit the subclause. Insert instead:

(5) A contribution under this clause must be paid on or before 31 July in the financial year for which it is payable.

[7]        Clause 7 (9) and (10)

Insert after clause 7 (8):

(9)	If a person holds 2 or more aquaculture permits, the
prescribed annual contribution for that person is to equal the highest annual contribution that applies to any one of that person's permits.
(10)	I f a person is issued with an aquaculture permit after 31
July in any financial year, the Minister may reduce, on a
pro rata basis, that person's contribution for that financial year.

[8]        Clause 62

Insert after clause 61:  : 

62 Transitional provision 

The amount of any annual contribution payable by the holder of an aquaculture permit under clause 7 for the financial year commencing on 1 July 1998 is an amount equal to the total amount payable in respect of that year less any amount paid or that was payable by the holder as a contribution under clause 7 as in force immediately before the commencement of this clause and that is attributable to the period commencing on 1 Ju ly 1998 and ending on 31 December 1998.