Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2011 (NSW)

2011 No 299

New South Wales

Fisheries Management Legislation

Amendment (Fees, Charges and

Contributions) Regulation 2011

under the

Fisheries Management Act 1994

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

KATRINA HODGKINSON, MP

Minister for Primary Industries

Explanatory note

The object of this Regulation is to increase certain fees, charges and contributions payable sections 37 (6), 40 (2) (m), 70 (5), 76 (3), 91 (3) (d), 97 (1), 110 (7), 115A (3), 118 (2), 127C (8) (b), 145 (2) (c), 156 (1) (a), 165 (5), 167 (7), 172 (2), 173 (2), 174 (2) and 289 (the general regulation-making power).

under the Fisheries Management Act 1994.

Published LW 24 June 2011	Page 1
2011 No 299	Fisheries Management Legislation Amendment (Fees, Charges and
Clause 1	Contributions) Regulation 2011

Fisheries Management Legislation Amendment (Fees,

Charges and Contributions) Regulation 2011

under the

Fisheries Management Act 1994

1      Name of Regulation

This Regulation is the Fisheries Management Legislation Amendment
(Fees, Charges and Contributions) Regulation 2011.

2      Commencement

This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.

Fisheries Management Legislation Amendment (Fees, Charges and	2011 No 299
Contributions) Regulation 2011
Amendments relating to fees, charges and contributions	Schedule 1
Schedule 1	Amendments relating to fees, charges and contributions
1.1	Fisheries Management (Abalone Share Management Plan) Regulation 2000
[1]	Appendix Abalone Share Management Plan
Omit “$268” from clause 9 (2) (a). Insert instead “$277”.
[2]	Appendix, clause 9 (2) (b)
Omit “$469”. Insert instead “$484”.
[3]	Appendix, clause 19 (2) (b)
Omit “$201”. Insert instead “$208”.
[4]	Appendix, clause 36 (1)
Omit “$334”. Insert instead “$345”.
1.2	Fisheries Management (Aquaculture) Regulation 2007
[1]	Clause 5 Fee payable when applying for aquaculture permit
Omit “$268” wherever occurring in clause 5 (1) (a) and (b). Insert instead “$277”.
[2]	Clauses 5 (1) (c) and (f) and 38 (2) (b) and (d)
Omit “$402” wherever occurring. Insert instead “$415”.
[3]	Clauses 5 (1) (d), (g) and (h), 31 (2) (a)–(c) and 38 (2) (c)
Omit “$670” wherever occurring. Insert instead “$692”.
[4]	Clauses 5 (1) (e), 38 (2) (a), 48 (2) (c) and 49 (2) (c)
Omit “$535” wherever occurring. Insert instead “$553”.
[5]	Clauses 5 (1) (i) and (2) (a), 45 (3), 46 (2), 47 (2), 50 (1) (a) and (3) (c) and 54 (4)
Omit “$68” wherever occurring. Insert instead “$70”.
[6]	Clauses 5 (2) (b), 11 (3) (b) and (c) (i), 40 (1) (a) and 66 (10)
Omit “$134” wherever occurring. Insert instead “$138”.
2011 No 299	Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2011
Schedule 1	Amendments relating to fees, charges and contributions

[7]      Clauses 7 (2), 44, 46 (1) (b) and 47 (3) (d)

Omit “$469” wherever occurring. Insert instead “$484”.

[8]      Clause 11 Aquaculture permit holders liable to pay contributions for research

Omit “$37” from clause 11 (3) (a). Insert instead “$38”.

[9]      Clause 11 (3) (c) (ii)

Omit “$28”. Insert instead “$29”.

[10]      Clause 31 Application for, and refusal of, aquaculture lease

Omit “$1,072” from clause 31 (2) (d). Insert instead “$1,107”.

[11]      Clause 40 Minimum rent for leased area

Omit “$49” from clause 40 (1) (b). Insert instead “$51”.

[12]      Clause 45 Procedure for getting Minister’s consent to transfer of aquaculture lease

Omit “$737” from clause 45 (2) (c). Insert instead “$761”.

[13]      Clause 47 Aquaculture lease may be surrendered

Omit “$335” from clause 47 (1) (b). Insert instead “$346”.

[14]      Clause 67 Fee for permit under section 37 of the Act

Omit “$201” from clause 67 (1). Insert instead “$208”.

1.3

Fisheries Management (General) Regulation 2010

Schedule 8

Omit the Schedule. Insert instead:

Schedule 8 Fees

Column 1 Column 2 Column 3

Item	Matter for which fee is payable	Amount
1	Permit or renewal of permit to use explosives	$310

(clause 71 (5))

2	Permit or renewal of permit to use electrical devices	$310
(clause 73 (5))

Fisheries Management Legislation Amendment (Fees, Charges and	2011 No 299
Contributions) Regulation 2011
Amendments relating to fees, charges and contributions	Schedule 1

Column 1 Column 2 Column 3

Item	Matter for which fee is payable	Amount
3	Fishing fee (clause 81):

(a)	for a period of 3 days	$6
(b)	for a period of 1 month	$12
(c)	for a period of 12 months	$30
(d)	for a period of 3 years	$75

4	Issue of replacement receipt (clause 84 (2))	$6.70
5	Fishing fee exemption certificates:

(a)	one year exemption certificate under	$120
clause 87 (1) (a)
(b)	one year exemption certificate under	$2,400
clause 87 (1) (b)
(c)	one year exemption certificate under	$120
clause 87 (1) (c) (i)
(d)	one year exemption certificate under	$120 plus
clause 87 (1) (c) (ii)	$30 for the fifth and each additional passenger to be exempted
(e)	one year exemption certificate under	$300
clause 87 (1) (c) (iii)

6	Application for amendment of exemption certificate	$12
(clause 88 (3) (a))
7	Marine park permit (clause 98)	$70
8	Application for approval by Director-General of transfer	$277
of endorsement or share (clause 114 (5))
9	Special endorsement to take fish in share management	$138
fishery (clause 119)
10	Lodgment of appeal to Share Appeal Panel	$275
(clause 122 (1) (c))
11	Application for registration of transaction under	$277
clause 123 (1) (a)
12	Application for registration of transaction under	$484
clause 123 (1) (b)

2011 No 299	Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2011
Schedule 1	Amendments relating to fees, charges and contributions

Column 1 Column 2 Column 3

Item	Matter for which fee is payable	Amount
13	Inspection of entry in the Share Register conducted with	$15
assistance of officer of the Department (clause 124 (a) (i))
14	Inspection of registered document retained by	$70
Director-General (clause 124 (b))
15	Application for issue of Class 1 commercial fishing	$553
licence (clause 127 (2))
16	Application for renewal of Class 1 commercial fishing	$277
licence (clause 130 (3))
17	Contribution by owner of southern fish trawl fishing	$368
business the other components of which include shares in a share management fishery (clause 132 (2) (a))
18	Contribution by owner of any other southern fish trawl	$577
fishing business (clause 132 (2) (b))
19	Contribution by participant in sea urchin and turban shell	$1,386
restricted fishery (clause 133 (2))
20	Application for issue of fishing boat licence under	$193
clause 135 (2) (a)
21	Application for issue of fishing boat licence under	$193 plus
clause 135 (2) (b)	$29 for each metre or part of metre by
which the boat exceeds 3 metres
22	Application for renewal of fishing boat licence under	$54
clause 139 (3) (a)
23	Application for renewal of fishing boat licence under	$54 plus $29
clause 139 (3) (b)	for each metre or part of metre by which the boat exceeds 3 metres
24	Application for approval of transfer of right to fishing	$346
boat licence (clause 143 (3))
25	Application for registration of crew members	$138
(clause 147)

Fisheries Management Legislation Amendment (Fees, Charges and	2011 No 299
Contributions) Regulation 2011
Amendments relating to fees, charges and contributions	Schedule 1

Column 1 Column 2 Column 3

Item	Matter for which fee is payable	Amount
26	Application for approval of transfer of quota	$208
(clause 164 (2) (c))
27	Class A endorsement in inland restricted fishery	$2,768
(clause 186 (1))
28	Class B endorsement in inland restricted fishery	$346
(clause 186 (1))
29	Class D endorsement in inland restricted fishery	$346
(clause 186 (1))
30	Approval of transfer of endorsement (clause 190 (1))	$3,458
31	Application for registration as Class A Registered Fish	$1,037
Receiver (clause 209 (2))
32	Application for registration as Class B Registered Fish	$3,380 for
Receiver (clause 209 (2))	one or two premises at which the
fish receiver receives fish and $1,689
for each additional premises
33	Issue or renewal of charter fishing boat licence	$519
(clause 226 (1))
34	Authorised activity specified on charter fishing boat	$104
licence (clause 226 (1))
35	Application for approval of transfer of right to	$346
transferable licence (clause 229 (2))
36	Application for approval of boat replacement	$346
(clause 231 (1) (b))
37	Additional licence fee for application for renewal of	$138
charter fishing boat licence (clause 233 (5))
38	Application for a permit under Part 7 of the Act	$155
(clause 258 (2) (a))
39	Minor assessment (clause 258 (4) (a))	$155
40	Moderate assessment (clause 258 (4) (b))	$361

2011 No 299	Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2011
Schedule 1	Amendments relating to fees, charges and contributions

Column 1 Column 2 Column 3

Item	Matter for which fee is payable	Amount
41	Major assessment (clause 258 (4) (c))	$1,291
42	Complex assessment (clause 258 (4) (d))	$3,357
43	Additional assessment (clause 258 (8))	$64

1.4	Fisheries Management (Lobster Share Management Plan) Regulation 2000
[1]	Appendix Lobster Share Management Plan
Omit “$268” from clause 9 (2) (a). Insert instead “$277”.
[2]	Appendix, clause 9 (2) (b)
Omit “$469”. Insert instead “$484”.
[3]	Appendix, clause 19 (2) (b)
Omit “$201”. Insert instead “$208”.
[4]	Appendix, clause 53 (1)
Omit “$82”. Insert instead “$85”.