Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 295 1

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Fisheries 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 Act 1952.

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 Regulations are amended as set out in these Regulations.

[NOTE:

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

2.   Regulation 3 (Interpretation)

2.1   Insert the following definitions:

“ ‘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 for which an amount of levy is prescribed in regulations, except the Fishing Levy Regulations, in force under the Fishing Levy Act 1991;

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

3.   Regulation 10 (Licence and other fees)

3.1   Omit the regulation, substitute:

Fees

“10.

The fee set out in column 3 of an item in Schedule 1 is payable in respect of the matter referred to in column 2 of the item.”.

4.   Schedule 1

4.1   Omit the Schedule, substitute:

 “SCHEDULE 1 Regulation 10

FEES

Column 1 Item	Column 2 Matter	Column 3 Fee $
1	Grant of a master fisherman’s licence for an Australian boat	25

 SCHEDULE 1—continued

Column 1 Item	Column 2 Matter	Column 3 Fee $
2	Grant of a master fisherman’s licence for a foreign boat, unless the holder of the licence is: (a) the holder of a foreign master fishing licence in force under the Fisheries Management Act 1991; or (b) an applicant for a licence referred to in paragraph (a)	100
3	Grant of a licence under subsection 9 (2) or (3) of the Act for an Australian boat in respect of a formally managed fishery, unless the holder of the licence is: (a) the holder of a fishing permit in force under the Fisheries Management Act 1991 for the fishery in respect of the boat; or (b) an applicant for a permit referred to in paragraph (a)	100
4	Grant of a licence under subsection 9 (2) or (3) of the Act for a foreign boat, unless the holder of the licence is: (a) the holder of a foreign fishing licence in force under the Fisheries Management Act 1991 for the fishery in respect of the boat; or (b) an applicant for a licence referred to in paragraph (a)	300

 SCHEDULE 1—continued

Column 1 Item	Column 2 Matter	Column 3 Fee $
5	Grant of a licence under subsection 9 (2) or (3) of the Act for an Australian boat in respect of an informally managed fishery, unless the holder of the licence is: (a) the holder of a fishing permit in force under the Fisheries Management Act 1991 for the fishery in respect of the boat; or (b) an applicant for a permit referred to in paragraph (a)	300
6	On application, variation under subsection 9 (5B) of the Act of a condition, or conditions, of: (a) a licence in force in respect of a boat under subsection 9 (2) or (3) of the Act; or (b) if application is made to vary more than 1 licence referred to in paragraph (a) in respect of that boat at the same time—those licences;	250

 SCHEDULE 1—continued

Column 1 Item	Column 2 Matter	Column 3 Fee $
unless: (c) a fee has been paid in relation to a request to vary, revoke or specify a condition, or conditions, of a licence, or licences, in respect of the boat under subsection 32 (8) of the Fisheries Management Act 1991; and (d) the application was made at the same time as that request
7	Transfer under subsection 9 (7) of the Act of: (a) a licence in force in respect of a boat under subsection 9 (2) or (3) of the Act; or (b) if application is made to transfer more than 1 licence referred to in paragraph (a) in respect of that boat at the same time—those licences; unless: (c) a fee has been paid in relation to an application to transfer a permit, or permits, in respect of the boat under subsection 32 (10) of the Fisheries Management Act 1991; and (d) that application is made at the same time as the application to transfer the licence or licences	250

 SCHEDULE 1—continued

Column 1 Item	Column 2 Matter	Column 3 Fee $
8	Variation under subsection 9 (7A) of the Act of: (a) a licence in force in respect of a boat under subsection 9 (2) or (3) of the Act; or (b) if application is made at the same time to vary more than 1 licence referred to in paragraph (a) in respect of the boat in the same manner—those licences; unless, the licence is, or licences are, transferred to a person who applies for variation of the licence or licences at the same time as application is made for the transfer	250”.

NOTES

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

2. Statutory Rules 1954 No. 116 as amended by 1968 Nos. 7 and 143; 1974 No. 211 (as am. by 1976 No. 173); 1974 No. 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235; 1980 Nos. 13, 279 and 369; 1981 No. 388; 1982 No. 127; 1983 No. 10; 1984 No. 233; 1985 Nos. 194 and 358; 1987 Nos. 135 and 259; 1988 Nos. 30, 63 and 81; 1989 No. 69; 1990 Nos. 78, 79 and 200; 1991 No. 438; 1993 No. 119.