Fisheries Management Amendment Regulation 2013 (No. 1) (Cth)
Fisheries Management Amendment Regulation 2013 (No. 1)
Select Legislative Instrument No. 132, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Fisheries Management Act 1991.
Dated 28 June 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Peter Douglas Sidebottom
Parliamentary Secretary for Agriculture, Fisheries and Forestry
Contents
1............ Name of regulation............................................................................. 1
2............ Commencement.................................................................................. 1
3............ Authority............................................................................................ 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 2
Fisheries Management Regulations 1992 2
1Name of regulation
This regulation is the Fisheries Management Amendment Regulation 2013 (No. 1).
2Commencement
This regulation commences on the day after it is registered.
3Authority
This regulation is made under the Fisheries Management Act 1991.
4Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Fisheries Management Regulations 1992
1 Subregulation 21(2)
Repeal the subregulation.
2 Subregulation 21(3)
Repeal the subregulation.
3 Subregulation 21(4)
Omit “Despite subregulations (1) and (2) and item 16 of Schedule 2”, substitute “Despite subregulation (1) and items 9 and 10 of Schedule 2”.
4 Subregulation 21(5)
Repeal the subregulation.
5 Paragraph 21B(2)(a)
Omit “statutory fishing right”, substitute “fishing permit”.
6 Paragraph 21C(2)(a)
Omit “statutory fishing right”, substitute “fishing permit”.
7 Schedule 2
Repeal the Schedule, substitute:
Schedule 2—Fees
Note: See regulation 21.
Part 1—Definitions
In this Schedule:
Antarctic Convergence means the line deemed to be the Antarctic Convergence in Article I, paragraph 4 of the Convention on the Conservation of Antarctic Marine Living Resources, being the Convention of that name, a copy of the English text of which is set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981.
electronic communication has the meaning given by subsection 5(1) of the Electronic Transactions Act 1999.
fishing day means a day, or a part of a day, for which a fishing activity is required to be reported under the Act or these Regulations.
Note: If fishing gear is deployed over more than one day, only activity associated with deploying the fishing gear will be treated as a fishing activity.
scheduled species, in relation to a fishing permit, means a species for which quota units are specified in an attachment to the permit.
Part 2—Fees
| Fees | |||||
| Item | Description | Fee (electronic communication not used) | Fee (electronic communication used) | ||
| Permits | |||||
| 1 | Application under section 32 of the Act for the grant of a fishing permit that gives access to the AFZ: | ||||
| (a) for a new fishing permit on the expiry of an existing fishing permit; or | $160 | $18 | |||
| (b) for a new fishing permit that is not on the expiry of an existing fishing permit that authorises the carrying or transhipping of fish | $160 | Not available | |||
| 2 | Application for the grant of a fishing permit outside the AFZ that is not in an area of waters south of the Antarctic Convergence (known as a High Seas Permit): | ||||
| (a) for a new fishing permit on the expiry of an existing fishing permit; or | $160 | $18 | |||
| (b) for a new fishing permit that is not on the expiry of an existing fishing permit | $160 | Not available | |||
| 3 |
Application for the variation, revocation or specification, under section 32 of the Act, of a condition or conditions of: (a) an application for a variation of a concession under subsection 32(8) of the Act if the variation is to take account of the transfer of quota units of a scheduled species of fish: |
||||
| (i) to that concession from another concession in the same fishery; or | $115 | $18 | |||
| (ii) from that concession to another concession for the same fishery; or | $115 | $18 | |||
| (b) an application for a variation of a concession under subsection 32(8) of the Act if the variation is not to take account of the transfer of quota units of a scheduled species of fish | $300 | Not available | |||
| 4 | Notice under paragraph 32(1A)(b) of the Act of the nomination of another Australian boat in lieu of the boat specified in: | ||||
| (a) a permit; or | $115 | $18 | |||
| (b) if the one application relates to more than one permit—the permits | $115 | $18 | |||
|
5 |
Notice under subsection 32(1B) of the Act of the nomination of an Australian boat to: | ||||
| (a) a permit; or | $115 | $18 | |||
| (b) if the one application relates to more than one permit—the permits | $115 | $18 | |||
| 6 | Notice under subsection 32(1B) of the Act of the nomination of an Australian boat if the application is made at the same time as a nomination of the boat to a statutory fishing right | No fee | No fee | ||
| 7 | Application under subsection 32A(2) of the Act for the transfer of: | ||||
| (a) a permit; or | $115 | $18 | |||
| (b) if the one application relates to more than one permit—the permits | $115 | $18 | |||
| 8 | Application under subsection 33(1) of the Act for a scientific permit if the application: | ||||
| (a) relates to a proposal that is not in the same terms as a previous proposal for which a scientific permit has been granted; or | $815 | Not available | |||
| (b) relates to a proposal that is in the same terms as a previous proposal for which a scientific permit has been granted; or | $300 | Not available | |||
| (c) is for a variation of a condition under subsection 33(6) of the Act | $300 | Not available | |||
| 9 | Application under subsection 94(1) of the Act for a port permit | $860 | Not available | ||
| 10 | Application under subsection 94(5) of the Act for the variation of a condition of a port permit | $400 | Not available | ||
| 11 | Application for a permit under the Customs Regulations 1926 to import or export | $165 | Not available | ||
| 12 | Application under subsection 91(2) of the Act for: | ||||
| (a) a new fish receiver permit on the expiry of an existing fish receiver permit; or | $245 | $103 | |||
| (b) a new fish receiver permit that is not on the expiry of an existing fish receiver permit | $245 | Not available | |||
| 13 | Application under subsection 91(6) of the Act for the variation of a condition of a fish receiver permit | $160 | Not available | ||
| 14 | Inspection of the High Seas Vessel Register under subsection 57D(1) of the Act | $30 | No fee | ||
| 15 | Inspection of the Fishing Permits Register under subsection 57J(1) of the Act | $30 | No fee | ||
| Statutory fishing rights | |||||
| 16 | Application under subsection 46(3) of the Act to register the transfer or lease of a statutory fishing right | $115 | $18 | ||
| 17 |
Nomination under subregulation 9B(1) of: (a) a boat for a statutory fishing right; or (b) a boat to replace a nominated boat for a statutory fishing right; or the removal of the nomination of a boat for a statutory fishing right |
$115 | $18 | ||
| 18 | Registration under subsection 46 (4A) of the Act of a claim of an interest in a statutory fishing right | $160 | Not available | ||
| 19 | Cancellation under subsection 46 (4B) of the Act of a claim of an interest in a statutory fishing right | $160 | Not available | ||
| 20 | Application for a replacement certificate of a statutory fishing right | $30 | No fee | ||
| 21 | Application for an extract of the Register | $30 | No fee | ||
| 22 | Inspection of the Register under subsection 52(1) of the Act | $30 | No fee | ||
| Logbooks | |||||
| 23 | Furnishing of a logbook in the Bass Strait Central Zone Scallop Fishery | $8.40 for each fishing day | No fee | ||
| 24 | Furnishing of a logbook in the Coral Sea Fishery | $8.40 for each fishing day | No fee | ||
| 25 | Furnishing of a logbook in the Eastern Skipjack Fishery | $8.40 for each fishing day | No fee | ||
| 26 | Furnishing of a logbook in the Eastern Tuna and Billfish Fishery | $8.40 for each fishing day | No fee | ||
| 27 | Furnishing of a logbook in the High Seas Trawl Fishery | $12 for each fishing day | No fee | ||
| 28 | Furnishing of a logbook in the High Seas Non Trawl Fishery | $8.40 for each fishing day | No fee | ||
| 29 | Furnishing of a logbook in the North West Slope Trawl Fishery | $12 for each fishing day | No fee | ||
| 30 | Furnishing of a logbook in the Northern Prawn Fishery | $2.40 for each fishing day | No fee | ||
| 31 | Furnishing of a logbook in the Small Pelagic Fishery | $8.40 for each fishing day | No fee | ||
| 32 | Furnishing of a logbook in the Southern and Eastern Scalefish and Shark Fishery (Great Australian Bight Trawl sector) | $12 for each fishing day | No fee | ||
| 33 | Furnishing of a logbook in the Southern and Eastern Scalefish and Shark Fishery (Gillnet Hook and Trap sector) | $8.40 for each fishing day | No fee | ||
| 34 | Furnishing of a logbook in the Southern and Eastern Scalefish and Shark Fishery (East Coast Deep‑water Trawl sector) | $12 for each fishing day | No fee | ||
| 35 | Furnishing of a logbook in the Southern and Eastern Scalefish and Shark Fishery (Commonwealth Trawl sector) | $12 for each fishing day | No fee | ||
| 36 | Furnishing of a logbook in the Southern Bluefin Tuna Fishery | $8.40 for each fishing day | No fee | ||
| 37 | Furnishing of a logbook in the Southern Squid Jig Fishery | $8.40 for each fishing day | No fee | ||
| 38 | Furnishing of a logbook in the Western Deep Water Trawl Fishery | $12 for each fishing day | No fee | ||
| 39 | Furnishing of a logbook in the Western Skipjack Fishery | $8.40 for each fishing day | No fee | ||
| 40 | Furnishing of a logbook in the Western Tuna and Billfish Fishery | $8.40 for each fishing day | No fee | ||
| Miscellaneous | |||||
| 41 | Application under subsection 4(2) of the Act for a declaration that a foreign boat is to be taken to be an Australian boat | $1 790 | Not available | ||
| 42 | Application to validate a European Community catch document | $85 | Not available | ||
| 43 | Application to validate a catch export document | $85 | Not available | ||
| 44 | Application for an Electronic Dissostichus Catch Document | $165 | Not available | ||
| 45 | Application for a quota holding statement | $30 | No fee | ||
| 46 | Application for a quota transaction statement | $30 | No fee | ||
| 47 | Application to enter into an arrangement for the payment of a fee, levy, charge or other amount relating to a fishing concession | $220 | Not available | ||
| 48 |
Application for which a fee is not prescribed in another item of this Schedule Note: The fee will be calculated on the basis of the time taken by AFMA to assess and action the application, multiplied by the hourly cost to AFMA of the staff involved |
The cost to AFMA of providing the service | The cost to AFMA of providing the service (if electronic communication is available) | ||
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