Fisheries Management (Refund) Amendment Regulations 1999 (No. 1) (Cth)

Fisheries Management (Refund) Amendment Regulations 1999 (No. 1)

Statutory Rules 1999

No. 55

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Fisheries Management Act 1991.

Dated 31 March 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

MARK VAILE

Minister for Agriculture, Fisheries and Forestry

Fisheries Management (Refund) Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999No. 552

made under the

Fisheries Management Act 1991

   

Contents

Page

• •
• •

1Name of regulations

 These regulations are the Fisheries Management (Refund) Amendment Regulations 1999 (No. 1).

2Commencement

 These regulations commence on gazettal.

3Amendment of Fisheries Management (Refund) Regulations

 Schedule 1 amends the Fisheries Management (Refund) Regulations.

Schedule 1Amendments

 (regulation 3)

[1]Regulation 1

substitute

1Name of regulations

 These regulations are the Fisheries Management (Refund) Regulations 1992.

[2]After regulation 3

insert

4Refund of levy paid for orange roughy

• (1)

  This regulation applies in relation to levy paid in accordance with regulation 11.02 of the Fishing Levy (All Fisheries) Regulations by the holder of a SET fishing permit granted in the period beginning on 1 December 1996 and ending on 30 November 1997 for orange roughy.

Note Section 5 of theFishing Levy Act 1991 provides that levy is imposed for a fishing concession. Section 6 of that Act provides that the amount of levy imposed is the amount prescribed. Regulation 11.02 of the Fishing Levy (All Fisheries) Regulations prescribed the amount of levy payable for a SET fishing permit granted in the period beginning on 1 December 1996 and ending on 30 November 1997 for orange roughy as follows:

(a) for orange roughy taken from the eastern sector of the SET Fishery — 4.6 cents per quota unit;

(b) for orange roughy taken from the southern sector of the fishery — 4.6 cents per quota unit;

(c) for orange roughy taken from western sector of the fishery — 4.6 cents per quota unit.

(See Part 3 of Schedule 2 to those Regulations.)

• (2)

  AFMA must refund to the holder the amount (if any) worked out in accordance with the following formula:

• refund 

     = amount of levy paid — revised amount of levy

 where:

amount of levy paid is the amount of levy mentioned in subregulation (1).

revised amount of levy is the amount of levy mentioned in subregulation (3).

• (3)

  The revised amount of levy is the total of the following amounts:

  • (a)

    for orange roughy taken from the eastern sector of the SET Fishery — 4.5 cents per quota unit;

  • (b)

    for orange roughy taken from the southern sector of the fishery — 2.2 cents per quota unit;

  • (c)

    for orange roughy taken from western sector of the fishery — 17 cents per quota unit.

• (4)

  Nothing in subregulation (2) operates to require a person to pay AFMA any amount of unpaid levy.

• (5)

  In this regulation:

eastern sector means the area described in Part 3 of Schedule 3 to the SET Management Plan.

quota unit for a SET fishing permit and orange roughy, means the quantity of orange roughy, expressed as a number of units, stated in a condition of the permit as the quantity of orange roughy that could be taken under the permit.

SET Fishery means the South East Trawl Fishery.

SET fishing permit means a fishing permit for the South East Trawl Fishery.

SET Management Plan means the South East Trawl Fishery Management Plan 1998, as in force before the commencement of this regulation.

Southern sector means the area described in Part 4 of Schedule 3 to the SET Management Plan.

Western sector means the area described in Part 5 of Schedule 3 to the SET Management Plan.

Notes

1. These regulations amend Statutory Rules 1992 No. 407, as amended by 1996 No. 318.

2. Made by the Governor-General on 31 March 1999, and notified in the Commonwealth of Australia Gazette