Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2013 (NSW)

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2013 No 335

New South Wales

Fisheries Management Legislation

Amendment (Fees, Charges and

Contributions) Regulation 2013

under the

Fisheries Management Act 1994

His Excellency the Lieutenant-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
under the Fisheries Management Act 1994.
This Regulation is made under the Fisheries Management Act 1994, including
sections 34E (2), 34I (4), 37 (6), 40 (2) (m), 70 (5), 76 (3), 84 (4), 91 (3) (d), 97 (1), 104 (8),
108 (8), 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).

Published LW 28 June 2013 Page 1
2013 No 335 Fisheries Management Legislation Amendment (Fees, Charges and
Clause 1 Contributions) Regulation 2013

Fisheries Management Legislation Amendment (Fees,

Charges and Contributions) Regulation 2013

under the

Fisheries Management Act 1994

1      Name of Regulation

This Regulation is the Fisheries Management Legislation Amendment
(Fees, Charges and Contributions) Regulation 2013.

2      Commencement

This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.

Fisheries Management Legislation Amendment (Fees, Charges and 2013 No 335
Contributions) Regulation 2013
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
Omit “$281” from clause 9 (2) (a). Insert instead “$288”.
[2] Appendix, clause 9 (2) (b)
Omit “$492”. Insert instead “$504”.
[3] Appendix, clause 19 (2) (b)
Omit “$211”. Insert instead “$216”.
[4] Appendix, clause 36 (1)
Omit “$351”. Insert instead “$360”.
1.2 Fisheries Management (Aquaculture) Regulation 2012
Schedule 3
Omit the Schedule. Insert instead:
Schedule 3 Fees, charges and contributions
Column 1 Column 2 Column 3
Item Matter for which fee, charge or Amount

contribution is payable

1   Application for an aquaculture permit (clause 6 (1))

(a) for a class A permit $288
(b) for a class B permit $288
(c) for a class C permit $433
(d) for a class D permit $721
(e) for a class E permit $576
(f) for a class F permit $433
2013 No 335 Fisheries Management Legislation Amendment (Fees, Charges and
Contributions) Regulation 2013
Schedule 1 Amendments relating to fees, charges and contributions
Column 1 Column 2 Column 3
Item Matter for which fee, charge or Amount
contribution is payable
(g) for a class G permit $721
(h) for a class H permit $721
2 Each additional application for an $144
aquaculture permit (clause 6 (2))
3 Annual contribution for industry $504
administration costs (clause 8 (1))
4 Annual contribution for research
(clause 10)

(a)

for a class A or B permit

$40 for each hectare, or part of a hectare, of the area to which the permit relates

(b) for a class C, E or F permit $144

(c)

for a class D or H permit

The greater of $144, or $30 for each hectare, or part of a hectare, of the total water area available

for aquaculture (not including any water storage or effluent storage

areas) to which the permit
relates
5 Required amount for financial $1,000 for each hectare (or
arrangements to provide security part of a hectare) of the
(clause 15 (4)) leased area or areas to
which the permit relates

6

Class A annual contribution (clause 19)

$40 for each hectare (or part of a hectare) of the leased area or areas to

which the permit relates

7

Application for an aquaculture lease (clause 25 (1) (b))

(a) for a class 1 lease $721
(b) for a class 2 lease $721
(c) for a class 3 lease $721
(d) for a class 4 lease $1,153
Fisheries Management Legislation Amendment (Fees, Charges and 2013 No 335
Contributions) Regulation 2013
Amendments relating to fees, charges and contributions Schedule 1
Column 1 Column 2 Column 3
Item Matter for which fee, charge or Amount
contribution is payable

8

Application for renewal of an aquaculture lease (clause 32 (1) (b))

(a) for a class 1 lease $576
(b) for a class 2 lease $433
(c) for a class 3 lease $721
(d) for a class 4 lease $433
9 Minimum rent payable per year for a The greater of $144, or

lease (clause 34 (1))

$53 for each hectare (or part of a hectare) of the leased area or areas

10 Application for consent to sublease $504
(clause 38 (1))
11 Application for consent to transfer $792
aquaculture lease (clause 39 (2) (c))
12 Each additional application for consent $73
to transfer aquaculture lease lodged on
same day (clause 39 (2) (c))
13 Transmission of aquaculture lease on $504
lessee’s death (clause 40 (1) (b))
14 Each additional application for $73
transmission of aquaculture lease lodged
on same day (clause 40 (1) (b))
15 Application to surrender an aquaculture $361
lease (clause 41 (1) (b))
16 Each additional application to surrender $73
an aquaculture lease lodged on same day
(clause 41 (1) (b))
17 Application to surrender part of a leased $504
area (clause 41 (2) (d))
18 Application for consolidation of leases $576
(clause 42 (2) (c))
19 Application for subdivision of a lease $576
(clause 43 (2) (c))
20 Certified copy of lease or plan $73
(clause 44(1) (a))
2013 No 335 Fisheries Management Legislation Amendment (Fees, Charges and
Contributions) Regulation 2013
Schedule 1 Amendments relating to fees, charges and contributions
Column 1 Column 2 Column 3
Item Matter for which fee, charge or Amount
contribution is payable
21 Copy of a survey plan or map $73
(clause 44 (3) (c))
22 Permit or renewal of permit to gather $144
marine vegetation for commercial
purposes (clause 56 (5))
23 Application for permit under section 37 $216
of the Act for aquaculture (clause 57)
1.3 Fisheries Management (General) Regulation 2010
Schedule 8
Omit the Schedule. Insert instead:
Schedule 8 Fees and contributions
Column Column 2 Column 3
1
Item Matter for which fee or contribution is Amount

payable

1 Permit or renewal of permit to use explosives $323.00
(clause 71 (5))
2 Permit or renewal of permit to use electrical $323.00
devices (clause 73 (5))
3 Fishing fee (clause 81):
(a) for a period of 3 days $6.00
(b) for a period of 1 month $12.00
(c) for a period of 12 months $30.00
(d) for a period of 3 years $75.00
4 Issue of replacement receipt (clause 84 (2)) $6.80
5 Fishing fee exemption certificates:
(a) one year exemption certificate under $120.00
clause 87 (1) (a)
Fisheries Management Legislation Amendment (Fees, Charges and 2013 No 335
Contributions) Regulation 2013
Amendments relating to fees, charges and contributions Schedule 1
Column Column 2 Column 3
1
Item Matter for which fee or contribution is Amount
payable
(b) one year exemption certificate under $2,400.00
clause 87 (1) (b)
(c) one year exemption certificate under $120.00
clause 87 (1) (c) (i)
(d) one year exemption certificate under $120.00 plus

clause 87 (1) (c) (ii)

$30.00 for the fifth and each additional passenger to be

exempted
(e) one year exemption certificate under $300.00
clause 87 (1) (c) (iii)
6 Application for amendment of exemption $12.00
certificate (clause 88 (3) (a))
7 Marine park permit (clause 98) $73.00
8 Application for approval by Director-General of $288.00
transfer of endorsement or share (clause 114 (5))
9 Special endorsement to take fish in share $144.00
management fishery (clause 119)
10 Lodgment of appeal to Share Appeal Panel $275.00
(clause 122 (1) (c))
11 Application for registration of transaction under $288.00
clause 123 (1) (a)
12 Application for registration of transaction under $504.00
clause 123 (1) (b)
13 Inspection of entry in the Share Register conducted $16.00
with assistance of officer of the Department
(clause 124 (a) (i))
14 Inspection of registered document retained by $73.00
Director-General (clause 124 (b))
15 Application for issue of Class 1 commercial fishing $576.00
licence (clause 127 (2))
16 Application for renewal of Class 1 commercial $288.00
fishing licence (clause 130 (3))
2013 No 335 Fisheries Management Legislation Amendment (Fees, Charges and
Contributions) Regulation 2013
Schedule 1 Amendments relating to fees, charges and contributions
Column Column 2 Column 3
1
Item Matter for which fee or contribution is Amount
payable
17 Contribution by owner of southern fish trawl $374.00
fishing 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 $586.00
trawl fishing business (clause 132 (2) (b))
19 Contribution by participant in sea urchin and turban $1,408.00
shell restricted fishery (clause 133 (2))
20 Application for issue of fishing boat licence under $201.00
clause 135 (2) (a)
21 Application for issue of fishing boat licence under $201.00 plus

clause 135 (2) (b)

$30.00 for each metre or part of metre by which the

boat exceeds
3 metres
22 Application for renewal of fishing boat licence $56.00
under clause 139 (3) (a)
23 Application for renewal of fishing boat licence $56.00 plus $30.00

under 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 $361.00
fishing boat licence (clause 143 (3))
25 Application for registration of crew members $144.00
(clause 147)
26 Application for approval of transfer of quota $216.00
(clause 164 (2) (c))
27 Class A endorsement in inland restricted fishery $2,812.00
(clause 186 (1))
28 Class B endorsement in inland restricted fishery $352.00
(clause 186 (1))
29 Class D endorsement in inland restricted fishery $352.00
(clause 186 (1))
30 Approval of transfer of endorsement $288.00
(clause 190 (1))
Fisheries Management Legislation Amendment (Fees, Charges and 2013 No 335
Contributions) Regulation 2013
Amendments relating to fees, charges and contributions Schedule 1
Column Column 2 Column 3
1
Item Matter for which fee or contribution is Amount
payable
31 Application for registration as Class A Registered $1,080.00
Fish Receiver (clause 209 (2))
32 Application for registration as Class B Registered $3,520.00 for one
Fish Receiver (clause 209 (2)) or two premises at
which the fish
receiver receives
fish and $1,759.00
for each additional
premises
33 Issue or renewal of charter fishing boat licence $540.00
(clause 226 (1))
34 Authorised activity specified on charter fishing $109.00
boat licence (clause 226 (1))
35 Application for approval of transfer of right to $361.00
transferable licence (clause 229 (2))
36 Application for approval of boat replacement $361.00
(clause 231 (1) (b))
37 Additional licence fee for application for renewal $144.00
of charter fishing boat licence (clause 233 (5))
38 Application for a permit under Part 7 of the Act $161.00
(clause 258 (2) (a))
39 Minor assessment (clause 258 (4) (a)) $161.00
40 Moderate assessment (clause 258 (4) (b)) $376.00
41 Major assessment (clause 258 (4) (c)) $1,345.00
42 Complex assessment (clause 258 (4) (d)) $3,496.00
43 Additional assessment (clause 258 (8)) $67.00
1.4 Fisheries Management (Lobster Share Management Plan)
Regulation 2000
[1] Appendix Lobster Share Management Plan
Omit “$281” from clause 9 (2) (a). Insert instead “$288”.
[2] Appendix, clause 9 (2) (b)
Omit “$492”. Insert instead “$504”.
2013 No 335 Fisheries Management Legislation Amendment (Fees, Charges and
Contributions) Regulation 2013
Schedule 1 Amendments relating to fees, charges and contributions

[3]      Appendix, clause 19 (2) (b)

Omit “$211”. Insert instead “$216”.

[4]      Appendix, clause 53 (1)

Omit “$86”. Insert instead “$88”.

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