Fisheries Management Amendment Regulations 2009 (No. 2) (Cth)

Fisheries Management Amendment Regulations 2009 (No. 2)¹

Select Legislative Instrument 2009 No. 120

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.

Dated 24 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

TONY BURKE

Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Fisheries Management Amendment Regulations 2009 (No. 2).

Commencement

These Regulations commence on 1 July 2009.

Amendment of Fisheries Management Regulations 1992

Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1 Amendment

(regulation 3)

[1] Regulation 21

substitute

(1)For paragraph 168 (2) (e) of the Act, the fee payable for an application, registration, inspection or other matter mentioned in an item in Schedule 2 is the fee set out in the item.

(2)However, if the matter is carried out by electronic communication, the fee is the amount set out in the item minus an amount estimated, in writing, by the CEO that relates to the cost of processing the matter.

(3)Despite subregulations (1) and (2) and item 9 of Schedule 2, no fee is payable for an application for the variation of a condition or conditions of a permit for a boat if the variation is to take account of the transfer of quota units of a scheduled species of fish:

(a)to that permit from another permit for the same fishery; or

(b)from that permit to another permit for the same fishery.

(4)Despite subregulations (1) and (2) and item 16 of Schedule 2, no fee is payable for an application for the grant of a port permit for a foreign fishing boat that is engaged in fisheries research activities in collaboration with:

(a)the Commonwealth, a State or a Territory; or

(b)an authority of the Commonwealth or of a State or Territory.

(5)In this regulation:

electronic communication has the meaning given by subsection 5 (1) of the Electronic Transactions Act 1999.

scheduled species, in relation to a fishing permit, means a species for which quota units are specified in an attachment to the permit.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See