Fisheries Management Legislation
Amendment (Fees, Charges and
Contributions) Regulation 2017
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 22 (1), 34E (2),
34I (4), 40 (2) (m), 57 (1A), 70 (5), 76 (3), 84 (4), 91B (2) (d), 97 (1), 104 (8), 108 (8), 110 (7), 115A (4A),
118 (2), 127C (8) (b), 127D (2), 145 (2) (c), 148 (1A), 156 (2), 165 (5), 172 (2), 173 (2), 174 (2), 191 and
289 (the general regulation-making power).
Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2017
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management Legislation Amendment (Fees,
Charges and Contributions) Regulation 2017.
2 Commencement
This Regulation commences on 1 July 2017 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 “$304” from clause 9 (2) (a). Insert instead “$310”. |
| [2] | Appendix, clause 9 (2) (b) |
| Omit “$533”. Insert instead “$544”. |
| [3] | Appendix, clause 19 (2) (b) |
| Omit “$228”. Insert instead “$233”. |
| [4] | Appendix, clause 36 (1) |
| Omit “$380”. Insert instead “$388”. |
| 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 | $310 | | (b) | for a class B permit | $310 | | (c) | for a class C permit | $468 | | (d) | for a class D permit | $778 | | (e) | for a class E permit | $622 | | (f) | for a class F permit | $468 | | (g) | for a class G permit | $778 | | (h) | for a class H permit | $778 | |
| 2 | | Each additional application for an aquaculture permit | $155 | |
(clause 6 (2))
3 Request for variation of an aquaculture permit (clause 6A (1))
| (a) | for a class A permit | $155 | | (b) | for a class B permit | $155 | | (c) | for a class C permit | $234 | |
| Column 1 | |
| Item | | Matter for which fee, charge or contribution | Amount | |
is payable
| (d) | for a class D permit | $389 | | (e) | for a class E permit | $311 | | (f) | for a class F permit | $234 | | (g) | for a class G permit | $389 | | (h) | for a class H permit | $389 | |
| 4 | | Each additional request for variation of an | $78 | |
aquaculture permit (clause 6A (2) (c))
| 5 | | Annual contribution for industry administration costs | $544 | |
(clause 8 (1))
6 Annual contribution for research (clause 10 (1))
| (a) | for a class A permit | $44 for each hectare (or part
of a hectare) of the area to
which the permit relates | | (b) | for a class B permit | $44 for each hectare (or part
of a hectare) of the area to
which the permit relates | | (c) | for a class C permit | $155 | | (d) | for a class D permit | The greater of $155, or $33 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 | $155 |
| (f) | for a class F permit | $155 |
| (g) | for a class H permit | The greater of $155, or $33 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 |
| 7 | 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 |
| 8 | 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 |
| Column 1 | Column 2 | Column 3 |
| Item | Matter for which fee, charge or contribution | Amount |
| is payable |
| 9 | Application for an aquaculture lease (clause 25 (1) (b)) |
| (a) | for a class 1 lease | $778 |
| (b) | for a class 2 lease | $778 |
| (c) | for a class 3 lease | $778 |
| (d) | for a class 4 lease | $1,243 |
10 Application for renewal of an aquaculture lease (clause 32 (1) (b))
| (a) | for a class 1 lease | $622 | | (b) | for a class 2 lease | $468 | | (c) | for a class 3 lease | $778 | | (d) | for a class 4 lease | $468 | |
| 11 | | Minimum rent payable per year for aquaculture lease | The greater of $155, or $58 | | (clause 34 (1)) | for each hectare (or part of a hectare) of the leased area or areas | |
| 12 | | Application for consent to sublet (clause 38 (1)) | $544 | |
| 13 | | Each additional application for consent to sublet | $79 | |
lodged on same day (clause 38 (1))
| 14 | | Application for consent to transfer aquaculture lease | $855 | |
(clause 39 (2) (c))
| 15 | | Each additional application for consent to transfer | $79 | |
aquaculture lease lodged on same day
(clause 39 (2) (c)) |
| 16 | | Transmission of aquaculture lease on lessee’s death | $544 | |
(clause 40 (b))
| 17 | | Each additional application for transmission of | $79 | |
aquaculture lease lodged on same day (clause 40 (b))
| 18 | | Application to surrender aquaculture lease | $389 | |
(clause 41 (1) (b))
| 19 | | Each additional application to surrender aquaculture | $79 | |
lease lodged on same day (clause 41 (1) (b))
| 20 | | Application to surrender part of a leased area | $544 | |
(clause 41 (2) (d))
| 21 | | Application for consolidation of aquaculture leases | $622 | |
(clause 42 (2) (c))
| 22 | | Application for subdivision of aquaculture lease | $622 | |
(clause 43 (2) (c))
| 23 | | Certified copy of lease or plan (clause 44 (1) (a)) | $79 | |
| 24 | | Copy of a survey plan or map (clause 44 (3) (c)) | $79 | |
| 25 | | Request for endorsement (clause 45 (6)) | $155 | |
| Column 1 | |
| Item | | Matter for which fee, charge or contribution | Amount | |
is payable
| 26 | | Permit or renewal of permit to gather marine | $184 | |
vegetation for commercial purposes (clause 56 (5))
| 27 | | Application for permit under section 37 of the Act for | $233 | |
aquaculture (clause 57)
| 1.3 | Fisheries Management (Estuary General Share Management Plan)
Regulation 2006 |
| Appendix |
| Omit “$29” from clause 35C (4). Insert instead “$30”. |
| 1.4 | Fisheries Management (General) Regulation 2010 |
| Schedules 8 and 9 |
| Omit the Schedules. Insert instead: |
| |
| Column 1 | Column 2 | Column 3 | | Item | Matter for which fee is payable | Amount | | 1 | Permit or renewal of permit to use explosives (clause 71 (5)) | $347 | | 2 | Permit or renewal of permit to use electrical devices | $347 | |
(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)) | $8 | |
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 |
| clause 87 (1) (c) (ii) | fifth and each
additional passenger to
be exempted |
| (e) | one year exemption certificate under | $350 |
| clause 87 (1) (c) (iii) |
| Column 1 | Column 2 | Column 3 |
| Item | Matter for which fee is payable | Amount |
| 6 | Application for amendment of exemption certificate | $14 |
| (clause 88 (3) (a)) |
| 7 | Marine park permit (clause 98 (a)) | $79 |
| 8 | Permit or renewal of permit for research purposes | $388 |
| (clause 98 (b)) |
| 9 | Permit or renewal of permit for aquarium collection | $184 |
| purposes (clause 98 (c)) |
| 10 | Permit or renewal of permit for a purpose approved by the | $388 |
| Minister (clause 98 (d)) |
| 11 | Application for approval by Secretary of transfer of | $310 |
| endorsement or share (clause 114 (5)) |
| 12 | Special endorsement to take fish in share management | $155 |
| fishery (clause 119) |
| 13 | Lodgment of appeal to Share Appeal Panel | $275 |
| (clause 122 (1) (c)) |
| 14 | Application for registration of transaction under | $310 |
| clause 123 (1) (a) |
| 15 | Application for registration of transaction under | $544 |
| clause 123 (1) (b) |
| 16 | Inspection of entry in the Share Register conducted with | $18 |
| assistance of officer of the Department (clause 124 (a) (i)) |
| 17 | Inspection of registered document retained by Secretary | $79 |
| (clause 124 (b)) |
| 18 | Application for issue of Class 1 commercial fishing licence | $622 |
| (clause 127 (2)) |
| 19 | Application for renewal of Class 1 commercial fishing | $310 |
| licence (clause 130 (3)) |
| 20 | Application for issue of fishing boat licence under | $217 |
| clause 135 (2) (a) |
| 21 | Application for issue of fishing boat licence under | $217 plus $33 for each |
| clause 135 (2) (b) | metre (or part of a
metre) by which the
boat exceeds 3 metres |
| 22 | Application for renewal of fishing boat licence under | $61 |
| clause 139 (3) (a) |
| 23 | Application for renewal of fishing boat licence under | $61 plus $33 for each |
| clause 139 (3) (b) | metre (or part of a
metre) by which the
boat exceeds 3 metres |
| 24 | Application for approval of transfer of right to fishing boat | $389 |
| licence (clause 143 (3)) |
| 25 | Application for registration of crew members (clause 147) | $155 |
| 26 | Application for approval of transfer of quota | $233 |
| (clause 164 (2) (c)) |
| 27 | Approval of transfer of endorsement (clause 190 (1)) | $310 |
| Column 1 | Column 2 | Column 3 |
| Item | Matter for which fee is payable | Amount |
| 28 | Application for registration as Class A Registered Fish | $1,164 |
| Receiver (clause 209 (2)) |
| 29 | Application for registration as Class B Registered Fish | $3,795 for one or two |
| Receiver (clause 209 (2)) | premises at which the fish receiver receives fish plus $1,897 for |
each additional
premises |
| 30 | Issue or renewal of charter fishing boat licence | $582 |
| (clause 226 (1)) |
| 31 | Authorised activity specified on charter fishing boat licence | $116 |
| (clause 226 (1)) |
| 32 | Application for approval of transfer of right to transferable | $389 |
| licence (clause 229 (2)) |
| 33 | Application for approval of boat replacement | $389 |
| (clause 231 (1) (b)) |
| 34 | Additional licence fee for application for renewal of charter | $155 |
| fishing boat licence (clause 233 (5)) |
| 35 | Application for a permit under Part 7 of the Act | $174 |
| (clause 258 (2) (a)) |
| 36 | Minor assessment (clause 258 (4) (a)) | $174 |
| 37 | Moderate assessment (clause 258 (4) (b)) | $405 |
| 38 | Major assessment (clause 258 (4) (c)) | $1,450 |
| 39 | Complex assessment (clause 258 (4) (d)) | $3,769 |
| 40 | Additional assessment (clause 258 (8)) | $72 |
| Schedule 9 | Maximum contributions by participants in
restricted fisheries |
(Clause 132)
| Column 1 | Column 2 | Column 3 |
| Item | Matter for which contribution is payable | Maximum amount |
| 1 | Contribution by participant and owner of fishing business | $1,147 |
| in southern fish trawl restricted fishery (clause 132 (a)) |
| 2 | Contribution by participant and owner of fishing business | $1,147 |
in sea urchin and turban shell restricted fishery (clause 132
(b)) |
| 3 | Contribution by participant and owner of fishing business | $1,147 |
in inland restricted fishery, a component of which is a class
A endorsement (clause 132 (c)) |
| 4 | Contribution by participant and owner of fishing business | $389 |
in inland restricted fishery, a component of which is a class
B endorsement (clause 132 (c)) |
| Column 1 | Column 2 | Column 3 |
| Item | Matter for which contribution is payable | Maximum amount |
| 5 | Contribution by participant and owner of fishing business | $389 |
in inland restricted fishery, a component of which is a class
D endorsement (clause 132 (c)) |
| 1.5 | Fisheries Management (Lobster Share Management Plan) Regulation
2000 |
| [1] | Appendix Lobster Share Management Plan |
| Omit “$304” from clause 9 (2) (a). Insert instead “$310”. |
| [2] | Appendix, clause 9 (2) (b) |
| Omit “$533”. Insert instead “$544”. |
| [3] | Appendix, clause 19 (2) (b) |
| Omit “$228”. Insert instead “$233”. |
| [4] | Appendix, clause 53 (1) |
| Omit “$93”. Insert instead “$95”. |
| 1.6 | Fisheries Management (Ocean Hauling Share Management Plan)
Regulation 2006 |
| Appendix |
| Omit “$29” from clause 13G (4). Insert instead “$30”. |
| 1.7 | Fisheries Management (Supporting Plan) Regulation 2006 |
| [1] | Appendix |
| Omit “$1,123” wherever occurring in clause 10A (2) (a) and (b) and (3) (a) and the note to clause 10A (3A). |
| Insert instead “$1,147”. |
| [2] | Appendix, clause 10A (3) (a) |
| Omit “$674”. Insert instead “$688”. |