Fisheries Management (General) (Fee Notices) Variation Regulations 2020 (SA)

South Australia

Fisheries Management (General) (Fee Notices) Variation Regulations 2020

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

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

4            Insertion of regulations 33 to 36

33          Payment of fees by instalments

34          Penalty for default in payment of fees

35          Refund of fees

36          Waiver of fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (General) (Fee Notices) Variation Regulations 2020.

2—Commencement

These regulations come into operation on 1 July 2020.

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 (General) Regulations 2017

4—Insertion of regulations 33 to 36

After regulation 32 insert:

33—Payment of fees by instalments

(1)For the purposes of sections 54(1)(c) and 64(1)(d) of the Act, the first instalment of a prescribed application fee that must accompany the application is an amount equal to 25% of the application fee.

(2)The unpaid balance of a prescribed application fee is payable in equal instalments at intervals fixed by the Minister.

(3)A prescribed annual fee payable under section 56(5)(a) or 66(2)(a) of the Act must be paid either—

(a)in full on or before the commencement of the following financial year; or

(b)by equal instalments at intervals fixed by the Minister.

34—Penalty for default in payment of fees

For the purposes of sections 56(6) and 66(3) of the Act, the amount payable as a penalty for default in payment of a prescribed fee is—

(a)in the case of a fee being paid in instalments—an amount equal to 10% of the unpaid balance of the instalment; or

(b)in any other case—an amount equal to 10% of the fee.

35—Refund of fees

(1)If a prescribed authority is surrendered, the Minister must, on application by the former holder of the authority, refund an amount that bears to the prescribed licence or registration fee or prescribed annual fee last paid in respect of the authority the same proportion as the number of complete months from the date of surrender to the following 1 July bears to 12.

(2)In this regulation—

prescribed authority means—

(a)a fishery licence; or

(b)a fishery permit; or

(c)registration as a fish processor.

36—Waiver of fees

The Minister may waive a prescribed fee payable on application for an exemption, permit or duplicate authority if satisfied that it is appropriate to do so in a particular case.

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 4 June 2020

No 177 of 2020