Fisheries Management Legislation Further Amendment (Fees, Charges and Contributions) Regulation 2013 (NSW)
2013 No 477
New South Wales
Fisheries Management Legislation
Further Amendment (Fees, Charges
and Contributions) Regulation 2013
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 adjust certain fees, charges and contributions payable under
the Fisheries Management Act 1994.
This Regulation also restructures the way in which the maximum management charge
payable by holders of shares in certain share management fisheries is to be calculated (so that
the maximum payable is based on the number of classes of shares held).
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 30 August 2013 | Page 1 |
| 2013 No 477 | Fisheries Management Legislation Further Amendment (Fees, Charges and |
| Clause 1 | Contributions) Regulation 2013 |
Fisheries Management Legislation Further Amendment
(Fees, Charges and Contributions) Regulation 2013
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management Legislation Further
Amendment (Fees, Charges and Contributions) Regulation 2013.
2 Commencement
This Regulation commences on 1 September 2013 and is required to be published on the NSW legislation website.
| Fisheries Management Legislation Further Amendment (Fees, Charges and | 2013 No 477 |
| 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 (General) Regulation 2010 |
| [1] | Clause 132 Annual contribution by participants in southern fish trawl restricted fishery |
| Omit clause 132 (2). Insert instead: |
(2) The annual contribution for each southern fish trawl fishing
business is the amount specified in Schedule 8.
[2] 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 payable Amount 1 Permit or renewal of permit to use explosives $323.00 (clause 71 (5))
2 Permit or renewal of permit to use electrical devices $323.00 (clause 73 (5)) 3 Fishing fee (clause 81):
(a) for a period of 3 days $7.00 (b) for a period of 1 month $14.00 (c) for a period of 12 months $35.00 (d) for a period of 3 years $85.00
4 Issue of replacement receipt (clause 84 (2)) $7.00 5 Fishing fee exemption certificates:
(a) one year exemption certificate under $140.00 clause 87 (1) (a) (b) one year exemption certificate under $2,800.00 clause 87 (1) (b) (c) one year exemption certificate under $140.00 clause 87 (1) (c) (i)
| 2013 No 477 | Fisheries Management Legislation Further 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 or contribution is payable Amount
(d) one year exemption certificate under $140.00 clause 87 (1) (c) (ii)
plus $35.00 for the fifth and each
additional
passenger to
be
exempted(e) one year exemption certificate under $350.00 clause 87 (1) (c) (iii)
6 Application for amendment of exemption certificate $12.30 (clause 88 (3) (a)) 7 Marine park permit (clause 98) $73.00 8 Application for approval by Director-General of transfer $288.00 of endorsement or share (clause 114 (5)) 9 Special endorsement to take fish in share management $144.00 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 with $16.00 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 fishing $288.00 licence (clause 130 (3)) 17 Contribution by participant in southern fish trawl $1,064.00 restricted fishery (clause 132 (2)) 18 Contribution by participant in sea urchin and turban shell $1,064.00 restricted fishery (clause 133 (2)) 19 Application for issue of fishing boat licence under $201.00 clause 135 (2) (a)
| Fisheries Management Legislation Further Amendment (Fees, Charges and | 2013 No 477 |
| Contributions) Regulation 2013 | |
| Amendments relating to fees, charges and contributions | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee or contribution is payable Amount 20 Application for issue of fishing boat licence under $201.00 clause 135 (2) (b) plus $30.00
for each
metre or
part of
metre by
which the
boat
exceeds
3 metres21 Application for renewal of fishing boat licence under $56.00 clause 139 (3) (a) 22 Application for renewal of fishing boat licence under $56.00 plus clause 139 (3) (b)
$30.00 for each metre or part of
metre by which the boat
exceeds 3 metres
23 Application for approval of transfer of right to fishing $361.00 boat licence (clause 143 (3)) 24 Application for registration of crew members $144.00 (clause 147) 25 Application for approval of transfer of quota $216.00 (clause 164 (2) (c)) 26 Class A endorsement in inland restricted fishery $1,064.00 (clause 186 (1)) 27 Class B endorsement in inland restricted fishery $361.00 (clause 186 (1)) 28 Class D endorsement in inland restricted fishery $361.00 (clause 186 (1)) 29 Approval of transfer of endorsement (clause 190 (1)) $288.00 30 Application for registration as Class A Registered Fish $1,080.00 Receiver (clause 209 (2))
| 2013 No 477 | Fisheries Management Legislation Further 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 or contribution is payable Amount 31 Application for registration as Class B Registered Fish $3,520.00 Receiver (clause 209 (2)) for one or
two
premises at
which the
fish receiver
receives fish
and
$1,759.00
for each
additional
premises32 Issue or renewal of charter fishing boat licence $540.00 (clause 226 (1)) 33 Authorised activity specified on charter fishing boat $109.00 licence (clause 226 (1)) 34 Application for approval of transfer of right to $361.00 transferable licence (clause 229 (2)) 35 Application for approval of boat replacement $361.00 (clause 231 (1) (b)) 36 Additional licence fee for application for renewal of $144.00 charter fishing boat licence (clause 233 (5)) 37 Application for a permit under Part 7 of the Act $161.00 (clause 258 (2) (a)) 38 Minor assessment (clause 258 (4) (a)) $161.00 39 Moderate assessment (clause 258 (4) (b)) $376.00 40 Major assessment (clause 258 (4) (c)) $1,345.00 41 Complex assessment (clause 258 (4) (d)) $3,496.00 42 Additional assessment (clause 258 (8)) $67.00
| 1.2 | Fisheries Management (Supporting Plan) Regulation 2006 |
| [1] | Appendix |
| Omit clause 10A (3A). Insert instead: |
(2)
If the components of a fishing business include shares (of any class) in one or more relevant share management fisheries, the management charge in respect of that fishing business (the
| Fisheries Management Legislation Further Amendment (Fees, Charges and | 2013 No 477 |
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| Amendments relating to fees, charges and contributions | Schedule 1 |
maximum management charge) is not to exceed the total of the
following amounts:
(a)
for the first class of shares held by the fishing business— $1,064,
(b)
for the second class of shares held by the fishing business—$1,064,
(c)
for the third and each subsequent class of shares held by the fishing business—the discounted amount for that class of shares,
(d) $500. (3) The discounted amount for a class of shares is calculated as
follows:
(a)
for the third class of shares held by the fishing business— $638 (being 60% of $1,064, rounded to the nearest dollar),
(b)
for the fourth class of shares held by the fishing business— 60% of the discounted amount for the third class of shares held by the fishing business (rounded to the nearest dollar),
(c)
for the fifth class of shares held by the fishing business— 60% of the discounted amount for the fourth class of shares held by the fishing business (rounded to the nearest dollar),
(d)
for the sixth class of shares held by the fishing business— 60% of the discounted amount for the fifth class of shares held by the fishing business (rounded to the nearest dollar),
(e)
and so on until all classes of shares held by the fishing business have been accounted for.
(3A)
If the components of a fishing business for which a management charge is payable include a southern fish trawl endorsement, the calculation of the maximum management charge is modified as follows:
(a)
the endorsement is to be treated as if it were the first class of shares held by the fishing business,
(b)
in subclause (2) (a), the amount to be added for that first class of shares is nil.
Note. No management charge is included for the endorsement because an annual contribution of $1,064 is payable in respect of the endorsement under section 115A of the Act.
(3B) When rounding amounts under this clause, an amount of 50 cents
is to be rounded down.
| 2013 No 477 | Fisheries Management Legislation Further Amendment (Fees, Charges and Contributions) Regulation 2013 |
| Schedule 1 | Amendments relating to fees, charges and contributions |
(3C) For the purposes of this clause, a class of shares is held by a fishing business if the shares are a component of that fishing business. [2] Appendix, clause 10A (5)
Insert in alphabetical order:
class of share means a class of share in a relevant share
management fishery, as listed in:
(a)
clause 5 of the Appendix to the Fisheries Management (Estuary General Share Management Plan) Regulation 2006, or
(b)
clause 5 of the Appendix to the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006, or
(c)
clause 5 of the Appendix to the Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006, or
(e)
clause 4 of the Appendix to the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006, or
(d)
clause 4 of the Appendix to the Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006.
southern fish trawl endorsement has the same meaning as it has
in the Fisheries Management (General) Regulation 2010.
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