Fisheries Management (Fees) (No 2) Variation Regulations 2019 (SA)

South Australia

Fisheries Management (Fees) (No 2) Variation Regulations 2019

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fisheries Management (Fees) Regulations 2017

4            Substitution of Schedule 2

Schedule 2—Commercial fishing—fishery permit application and annual fees

5            Substitution of Schedule 4

Schedule 4—Commercial fishing—miscellaneous fees

6            Substitution of Schedule 5

Schedule 5—Processing fees

Division 1—Fish processor registration application and annual fees

Division 2—Miscellaneous fees

7           Substitution of Schedule 6

Schedule 6—Recreational fishing fees

8            Substitution of Schedule 7

Schedule 7—Miscellaneous fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Fees) (No 2) Variation Regulations 2019.

2—Commencement

These regulations come into operation on 1 July 2019.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Fisheries Management (Fees) Regulations 2017

4—Substitution of Schedule 2

Schedule 2—delete the Schedule and substitute:

Schedule 2—Commercial fishing—fishery permit application and annual fees

Application fees payable by an applicant for the issue of a fishery permit (section 54(1)(c) of Act)
1	For a permit in respect of the Miscellaneous Broodstock and Seedstock Fishery	$410.00
2	For a permit in respect of the Miscellaneous Developmental Fishery	$5 069.00
3	For a permit in respect of the Miscellaneous Research Fishery	$410.00
Annual fees payable by the holder of a fishery permit (section 56(5)(a) of Act)
4	For a permit in respect of the Miscellaneous Developmental Fishery	$2 346.00

5—Substitution of Schedule 4

Schedule 4—delete the Schedule and substitute:

Schedule 4—Commercial fishing—miscellaneous fees

1	On application for consent to the transfer of a fishery authority	$462.00
2	On application to vary the registration of a boat used under a fishery authority	$126.00
3	On application to vary the registration of a master	$126.00
4	On application to vary a quota entitlement under a fishery authority	$155.00
5	On application to vary a rock lobster pot entitlement under a licence in respect of the Northern Zone Rock Lobster Fishery or Southern Zone Rock Lobster Fishery	$155.00
The fee fixed by this clause is not payable if an application to vary a rock lobster pot entitlement under a licence in respect of the Northern Zone Rock Lobster Fishery or Southern Zone Rock Lobster Fishery is made at the same time as an application to vary a giant crab or rock lobster quota entitlement under the licence.
6	On application for registration of an additional boat under a fishery authority	$126.00
7	On application for—
(a)    notation of an interest in a fishery authority on the register of authorities	$202.00
(b)    removal from the register of authorities of such a notation	$202.00

6—Substitution of Schedule 5

Schedule 5—delete the Schedule and substitute:

Schedule 5—Processing fees

Division 1—Fish processor registration application and annual fees

Registration fees payable by an applicant for registration as a fish processor (section 64(1)(d) of Act)
1	On application for registration as a fish processor made by an eligible person	$202.00
2	On application for registration as a fish processor made by a person other than an eligible person—
(a)    base fee	$1 162.00
(b)    additional fee—
(i)     if the applicant proposes to process abalone (Haliotis spp) under the registration	$1 506.00
(ii)    if the applicant proposes to process King Prawn (Merlicertus latisulcatus) under the registration	$1 506.00
(iii)    if the applicant proposes to process Southern Rock Lobster (Jasus edwardsii) under the registration	$1 506.00
If registration is to be granted for a period of less than 12 months, the fee payable is a proportion of the fee set out above, being the proportion that the number of complete months in the term of registration bears to 12.
Annual fees payable by a registered fish processor (section 66(2)(a) of Act)
3	Annual fee payable by a fish processor who is an eligible person	$202.00
4	Annual fee payable by a fish processor who is not an eligible person—
(a)    base fee	$1 162.00
(b)    additional fee—
(i)     if the fish processor processes abalone (Haliotis spp) under the registration	$1 506.00
(ii)    if the fish processor processes King Prawn (Merlicertus latisulcatus) under the registration	$1 506.00
(iii)    if the fish processor processes Southern Rock Lobster (Jasus edwardsii) under the registration	$1 506.00

Division 2—Miscellaneous fees

5 On application by a registered fish processor to have additional premises, places, boats or vehicles specified in the certificate of registration $35.50

7—Substitution of Schedule 6

Schedule 6—delete the Schedule and substitute:

Schedule 6—Recreational fishing fees

Application fees payable by an applicant for registration under the Fisheries Management (General) Regulations 2017 of a device to be used for recreational fishing
1	On application for registration of a mesh net to be used by a person for recreational fishing—
(a)    in the case of a mesh net for use in the waters of Lake George	$164.00
(b)    in the case of a mesh net for use in any other waters—
(i)     if the applicant produces evidence to the satisfaction of the Minister that the applicant is entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares (for each year in the term of the registration)	$23.30
(ii)    in any other case (for each year in the term of the registration)	$47.00
No fee is payable where the Minister registers a mesh net for a period of less than 1 year for the purpose of achieving a common expiry date for the registration of that mesh net and the registration of any other mesh net owned by the same person.
2	On application for registration of a rock lobster pot to be used by a person for recreational fishing—
(a)    for registration of 1 rock lobster pot	$77.50
(b)    for registration of 2 rock lobster pots	$215.00
3	On application for the issue of a replacement tag for a rock lobster pot, or a mesh net for use in the waters of Lake George, registered for recreational fishing	$31.50

8—Substitution of Schedule 7

Schedule 7—delete the Schedule and substitute:

Schedule 7—Miscellaneous fees

1	On application for a permit under Part 7 Division 2 of the Act	$126.00
2	On application for an exemption or a variation of an exemption under section 115 of the Act	$155.00
3	On application for the issue of a duplicate authority under section 68 of the Act	$31.50

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 13 June 2019

No 121 of 2019