Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2015 (NSW)

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New South Wales

Fisheries Management Legislation

Amendment (Fees, Charges and

Contributions) Regulation 2015

under the

Fisheries Management Act 1994

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Fisheries Management Act 1994.

NIALL BLAIR, MLC

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) (d1) and (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) and (2), 165 (5), 167 (7), 172 (2), 173 (2), 174 (2), 191 and
289 (the general regulation-making power).

Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2015

under the

Fisheries Management Act 1994

1      Name of Regulation

This Regulation is the Fisheries Management Legislation Amendment (Fees,
Charges and Contributions) Regulation 2015.

2      Commencement

This Regulation commences on 1 July 2015 and is required to be published on the
NSW legislation website.

Schedule 1 Amendments relating to fees, charges and
contributions
1.1 Fisheries Management (Abalone Share Management Plan) Regulation
2000
[1] Appendix
Omit “$296” from clause 9 (2) (a). Insert instead “$300”.
[2] Appendix, clause 9 (2) (b)
Omit “$519”. Insert instead “$526”.
[3] Appendix, clause 19 (2) (b)
Omit “$222”. Insert instead “$225”.
[4] Appendix, clause 36 (1)
Omit “$370”. Insert instead “$375”.
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 contribution Amount

is payable

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

(a) for a class A permit $300
(b) for a class B permit $300
(c) for a class C permit $452
(d) for a class D permit $752
(e) for a class E permit $601
(f) for a class F permit $452
(g) for a class G permit $752
(h) for a class H permit $752
2
Each additional application for an aquaculture $150

permit (clause 6 (2))

3
Annual contribution for industry administration $526

costs (clause 8 (1))

Column 1
Column 2 Column 3
Item
Matter for which fee, charge or contribution Amount
is payable
4 Annual contribution for research (clause 10 (1))
(a) for a class A permit $42 for each hectare (or part
of a hectare) of the area to
which the permit relates
(b) for a class B permit $42 for each hectare (or part
of a hectare) of the area to
which the permit relates
(c) for a class C permit $150

(d)

for a class D permit

The greater of $150, or $31 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

(e) for a class E permit $150
(f) for a class F permit $150

(g)

for a class H permit

The greater of $150, or $31 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 arrangements to $1,000 for each hectare (or
provide security (clause 15 (4)) part of a hectare) of the
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 $752
(b) for a class 2 lease $752
(c) for a class 3 lease $752
(d) for a class 4 lease $1,201

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

(a) for a class 1 lease $601
(b) for a class 2 lease $452
Column 1
Column 2 Column 3
Item
Matter for which fee, charge or contribution Amount

is payable

(c) for a class 3 lease $752
(d) for a class 4 lease $452
9
Minimum rent payable per year for aquaculture lease The greater of $150, or $56
(clause 34 (1)) for each hectare (or part of a hectare) of the leased area or areas
10
Application for consent to sublet (clause 38 (1)) $526
11
Application for consent to transfer aquaculture lease $826

(clause 39 (2) (c))

12
Each additional application for consent to transfer $76
aquaculture lease lodged on same day
(clause 39 (2) (c))
13
Transmission of aquaculture lease on lessee’s death $526

(clause 40 (b))

14
Each additional application for transmission of $76

aquaculture lease lodged on same day (clause 40 (b))

15
Application to surrender aquaculture lease $376

(clause 41 (1) (b))

16
Each additional application to surrender aquaculture $76

lease lodged on same day (clause 41 (1) (b))

17
Application to surrender part of a leased area $526

(clause 41 (2) (d))

18
Application for consolidation of aquaculture leases $601

(clause 42 (2) (c))

19
Application for subdivision of aquaculture lease $601

(clause 43 (2) (c))

20
Certified copy of lease or plan (clause 44 (1) (a)) $76
21
Copy of a survey plan or map (clause 44 (3) (c)) $76
22
Permit or renewal of permit to gather marine $150

vegetation for commercial purposes (clause 56 (5))

23
Application for permit under section 37 of the Act $225

for aquaculture (clause 57)

1.3 Fisheries Management (General) Regulation 2010
Schedule 8
Omit the Schedule. Insert instead:
Schedule 8 Fees and contributions
Column 1 Column 2 Column 3
Item Matter for which fee or contribution is Amount

payable

1 Permit or renewal of permit to use explosives $336
(clause 71 (5))
2 Permit or renewal of permit to use electrical devices $336
(clause 73 (5))
3 Fishing fee (clause 81):
(a) for a period of 3 days $7
(b) for a period of 1 month $14
(c) for a period of 12 months $35
(d) for a period of 3 years $85
4 Issue of replacement receipt (clause 84 (2)) $7
5 Fishing fee exemption certificates:
(a) one year exemption certificate under $140
clause 87 (1) (a)
(b) one year exemption certificate under $2,800
clause 87 (1) (b)
(c) one year exemption certificate under $140
clause 87 (1) (c) (i)
(d) one year exemption certificate under $140 plus $35 for the fifth
clause 87 (1) (c) (ii) and each additional
passenger to be exempted
(e) one year exemption certificate under $350
clause 87 (1) (c) (iii)
6 Application for amendment of exemption certificate $13
(clause 88 (3) (a))
7 Marine park permit (clause 98) $76
8 Application for approval by Secretary of transfer of $300
endorsement or share (clause 114 (5))
9 Special endorsement to take fish in share $150
management fishery (clause 119)
10 Lodgment of appeal to Share Appeal Panel $275
(clause 122 (1) (c))
11 Application for registration of transaction under $300
clause 123 (1) (a)
Column 1 Column 2 Column 3
Item Matter for which fee or contribution is Amount
payable
12 Application for registration of transaction under $526
clause 123 (1) (b)
13 Inspection of entry in the Share Register conducted $17
with assistance of officer of the Department
(clause 124 (a) (i))
14 Inspection of registered document retained by $76
Director-General (clause 124 (b))
15 Application for issue of Class 1 commercial fishing $601
licence (clause 127 (2))
16 Application for renewal of Class 1 commercial $300
fishing licence (clause 130 (3))
17 Contribution by participant in southern fish trawl $1,109
restricted fishery (clause 132 (2))
18 Contribution by participant in sea urchin and turban $1,109
shell restricted fishery (clause 133 (2))
19 Contribution by owner of inland restricted fishing $1,109
business, a component of which is a class A
endorsement (clause 133A (2))
20 Contribution by owner of inland restricted fishing $376
business, a component of which is a class B
endorsement (clause 133A (2))
21 Contribution by owner of inland restricted fishing $376
business, a component of which is a class D
endorsement (clause 133A (2))
22 Application for issue of fishing boat licence under $210
clause 135 (2) (a)
23 Application for issue of fishing boat licence under $210 plus $31 for each
clause 135 (2) (b) metre (or part of a metre) by
which the boat exceeds
3 metres
24 Application for renewal of fishing boat licence under $59
clause 139 (3) (a)
25 Application for renewal of fishing boat licence under $59 plus $31 for each metre
clause 139 (3) (b) (or part of a metre) by which
the boat exceeds 3 metres
26 Application for approval of transfer of right to $376
fishing boat licence (clause 143 (3))
27 Application for registration of crew members $150
(clause 147)
28 Application for approval of transfer of quota $225
(clause 164 (2) (c))

29   Approval of transfer of endorsement (clause 190 (1)) $300

30
Application for registration as Class A Registered $1,125

Fish Receiver (clause 209 (2))

Column 1
Column 2 Column 3
Item
Matter for which fee or contribution is Amount
payable

31

Application for registration as Class B Registered $3,669 for one or two

Fish Receiver (clause 209 (2))

premises at which the fish receiver receives fish plus $1,834 for each additional premises

32
Issue or renewal of charter fishing boat licence $563
(clause 226 (1))
33
Authorised activity specified on charter fishing boat $113
licence (clause 226 (1))
34
Application for approval of transfer of right to $376
transferable licence (clause 229 (2))
35
Application for approval of boat replacement $376
(clause 231 (1) (b))
36
Additional licence fee for application for renewal of $150
charter fishing boat licence (clause 233 (5))
37
Application for a permit under Part 7 of the Act $168
(clause 258 (2) (a))
38
Minor assessment (clause 258 (4) (a)) $168
39
Moderate assessment (clause 258 (4) (b)) $392
40
Major assessment (clause 258 (4) (c)) $1,402
41
Complex assessment (clause 258 (4) (d)) $3,644
42
Additional assessment (clause 258 (8)) $70
1.4 Fisheries Management (Lobster Share Management Plan) Regulation
2000
[1] Appendix Lobster Share Management Plan
Omit “$296” from clause 9 (2) (a). Insert instead “$300”.
[2] Appendix, clause 9 (2) (b)
Omit “$519”. Insert instead “$526”.
[3] Appendix, clause 19 (2) (b)
Omit “$222”. Insert instead “$225”.
[4] Appendix, clause 53 (1)
Omit “$91”. Insert instead “$92”.
1.5 Fisheries Management (Supporting Plan) Regulation 2006
[1] Appendix
Omit “$1,095” wherever occurring in clause 10A (2) (a) and (b) and (3) (a) and the note to clause 10A (3A).
Insert instead “$1,109”.
[2] Appendix, clause 10A (3) (a)
Omit “$657”. Insert instead “$665”.
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