Fisheries Management Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 296 1

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Fisheries Management Regulations 2(Amendment)

I, The 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 17 November 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

M. J. LEE

Minister for Resources

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1.    Amendment

1.1   The Fisheries Management Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 21 (Fees)

2.1   Subregulations 21 (1) and (2):

Omit the subregulations, substitute:

“(1)

In this regulation:

‘formally managed fishery’ means a fishery for which there is:

• (a)

  an instrument in force:

  • (i)

    to which paragraph 5 (a), (b), (ba), (bb), (bc), (bd) or (c) of the Fisheries Levy Act 1984 applies; and

  • (ii)

    in respect of which an amount of levy is prescribed in regulations, except the Fisheries Levy Regulations, in force under that Act; or

• (b)

  a fishing concession in respect of which an amount of levy is prescribed in regulations, except the Fishing Levy Regulations, in force under the Fishing Levy Act 1991;

‘hook shark’ has the same meaning as in the Fishing Levy (Southern Shark Fishery) Regulations;

‘informally managed fishery’ means any fishery except a formally managed fishery;

‘shark hook fishing permit’ has the same meaning as in the Fishing Levy (Southern Shark Fishery) Regulations;

‘trip’ has the same meaning as in subregulations 3 (3) and (4) of the Fishing Levy (Southern Shark Fishery) Regulations.

 “(1A) The fee in relation to a matter referred to in column 2 of an item in Schedule 2 is set out in column 3 of the item.

“(2)

The fee in respect of an application for the grant of a shark hook fishing permit a condition of which specifies that more than 5 carcasses of hook shark may be taken per trip is $485.”.

3.   Schedule 2 (Fees)

3.1   Omit the Schedule, substitute:

 “SCHEDULE 2 Regulation 21

 

FEES

PART 1—FORMALLY MANAGED FISHERIES

 

Column 1 Item	Column 2 Matter	Column 3 Fee $
1	Application for the grant of a fishing permit (except a fishing permit to which subregulation 21 (2) applies) in respect of a boat for a free area in a formally managed fishery, unless the applicant is the holder of a fishing licence in force under subsection 9 (2) or (3) of the Fisheries Act 1952 for the boat in respect of another area in the fishery	100
2	Application for the grant of a foreign fishing  licence in respect of a boat for a free area in a formally managed fishery, unless the applicant is the holder of a fishing licence in force under the Fisheries Act 1952 for the boat in respect of another area in the fishery	300
3	Application for the grant of a foreign master fishing licence for a free area in a formally managed fishery, unless the applicant is the holder of a master fisherman’s licence in force under the Fisheries Act 1952 for a foreign boat in respect of another area in the fishery	100

SCHEDULE 2—continued

Column 1 Item	Column 2 Matter	Column 3 Fee $
4	Application for the grant of a fishing permit or a foreign master fishing licence for an area in a formally managed fishery that is not a free area	100
5	Application for the grant of a foreign fishing licence for an area in a formally managed fishery that is not a free area	300

PART 2—INFORMALLY MANAGED FISHERIES

 

Column 1 Item	Column 2 Matter	Column 3 Fee $
6	Application for the grant of a fishing permit  or a foreign fishing licence in respect of a boat for a free area in an informally managed fishery, unless the applicant is the holder of a fishing licence in force under the Fisheries Act 1952 for the boat in another area in the fishery	300
7	Application for the grant of a fishing permit or a foreign fishing licence for an area in an informally managed fishery that is not a free area	300
8	Application for the grant of a foreign master fishing licence for an area in an informally managed fishery that is not a free area	100

SCHEDULE 2— continued

PART 3—FISHERIES GENERALLY

Column 1 Item Column 2 Matter Column 3 Fee $

 

9

On request, variation, revocation or specification under subsection 32 (8) of the Act of a condition, or conditions, of: (a) a permit in respect of a boat; or (b) if the request is made at the same time in relation to more than 1 permit in respect of that boat—those permits; unless: (c) a fee has been paid in relation to an application to vary a condition, or conditions, of a licence, or licences, in respect of the boat under subsection 9 (5B) of the Fisheries Act 1952; and (d) the application was made at the same time as the request

250

SCHEDULE 2— continued

Column 1 Item	Column 2 Matter	Column 3 Fee $
10	Transfer under subsection 32 (10) of the Act of: (a) a permit for a boat; or (b) if application is made at the same time to transfer more than 1 permit in respect of that boat—those permits; unless: (c) a fee has been paid in relation to an application to transfer a licence, or licences, in respect of the boat under subsection 9 (7) of the Fisheries Act 1952; and (d) that application was made at the same time as the application to transfer the permit or permits	250
11	Registration of an interest in a statutory fishing right under subsection 46 (4) of the Act	50
12	Inspection of the Register under subsection 52 (1) of the Act	50
13	Application for the grant or renewal of a fish receiver permit under subsection 91 (2) or (10) of the Act	100”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 November 1993.

2. Statutory Rules 1992 No. 20 as amended by 1992 Nos. 455; 1993 No. 74 and 118.