Fishing Levy (Bass Strait Scallop Fishery) Regulations (Cth)

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS
- In force under the Fishing Levy Act 1991 and the Fisheries Management Act
1991
- Updated as at 2 February 1996 (HISTREG CHAP 1071 #DATE 02:02:1996)

*1* The Fishing Levy (Bass Strait Scallop Fishery) Regulations (in force under the Fishing Levy Act 1991 and the Fisheries Management Act 1991) as shown in this reprint comprise Statutory Rules 1993 No. 70 amended as indicated in the Tables below.

Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1993 No. 70 11 May 1993 11 May 1993
299 19 Nov 1993 19 Nov 1993 -
1994 No. 234 30 June 1994 30 June 1994 -
1995 No. 66 5 Apr 1995 5 Apr 1995 -
370 1 Dec 1995 1 Dec 1995 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1993 No. 299; 1995 No. 370
Rr. 3, 4 rs. 1994 No. 234; 1995 Nos. 66 and 370
R. 5 rep. 1993 No. 299
#ADD 4:3:1996

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS - TABLE OF PROVISIONS 
TABLE

                      TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Interpretation

    3.    Amount of levy

    4.    When levy is due

                           SCHEDULE 1

                   BASS STRAIT SCALLOP FISHERY

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS - REG 1 
Citation 


  1. These Regulations may be cited as the Fishing Levy (Bass Strait Scallop
Fishery) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS - REG 2 
Interpretation 


  2. (1) In these Regulations, unless the contrary intention appears:

  "Bass Strait Scallop Fishery" means the scallop fishery carried on in the
part of the Australian fishing zone set out in the Schedule;

  "fishing permit" means a fishing permit in relation to the Bass Strait
Scallop Fishery;

  "Levy Act" means the Fishing Levy Act 1991;

  "Management Act" means the Fisheries Management Act 1991.


  (2) The origin of geographical coordinates in the Schedule is the Australian
Geodetic Datum 1966 (AGD66).

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS - REG 3 
Amount of levy 


  3. (1) For the purposes of section 6 of the Levy Act, the amount of levy
prescribed for a fishing permit that is granted during the period beginning on
1 January 1996 and ending at the end of 31 December 1996 (except an extension
permit) is $1,100.

(NOTE:  Under the Primary Industries and Energy Research and Development Act
1989, a part ("the research component") of the levy imposed by the Fishing
Levy Act 1991 is to be paid to the Fisheries Research and Development
Corporation for research and development activities relating to the fishing
industry. It is proposed that, in respect of each fishing permit, an amount of
$60 from the levy amount will be paid to the Corporation as the Fishery's
contribution to the research component.)


  (2) In subregulation (1):

  "extension permit" means a fishing permit that:

  (a) is granted during the period beginning on 1 December 1996 and ending at
the end of 31 December 1996; and

  (b) is in force for no longer than 4 weeks; and

  (c) is granted to a person who held a fishing permit on 1 December 1996.

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS - REG 4 
When levy is due 


  4. For the purposes of section 110 of the Management Act, levy for a fishing
permit must be paid within 28 days after the grant of the fishing permit.

FISHING LEVY (BASS STRAIT SCALLOP FISHERY) REGULATIONS - SCHEDULE 
SCH

                         SCHEDULE              Subregulation 2 (1)

                BASS STRAIT SCALLOP FISHERY

  The area bounded by a line:

  (a) commencing at the point of latitude 40 degrees 45 minutes

South, longitude 140 degrees 57.9 minutes East; and

  (b) running:

    (i) from there east along the parallel of latitude 40 degrees

45 minutes South to its intersection with the meridian of longitude

144 degrees 15 minutes East; and

    (ii) from there north along that meridian to its intersection

with the parallel of latitude 40 degrees 20 minutes South; and

    (iii) from there north-easterly along the geodesic to the point

of latitude 40 degrees 04 minutes South, longitude 144 degrees 47

minutes East; and

    (iv) from there easterly along the line, every point on which

is 20 nautical miles seaward of the baseline from which the coastal

waters of Tasmania are measured, to the intersection of that line

north of Tasmania with the meridian of longitude 146 degrees 47

minutes East; and

    (v) from there north-easterly along the geodesic to the point

of latitude 40 degrees 37 minutes South, longitude 146 degrees 59

minutes East; and

    (vi) from there north-easterly along the geodesic to the point

of latitude 40 degrees 30 minutes South, longitude 147 degrees 16

minutes East; and

    (vii) from there north-easterly along the geodesic to the point

of latitude 40 degrees 29 minutes South, longitude 147 degrees 25

minutes East; and

    (viii) from there northerly along the geodesic to the point of

latitude 40 degrees 18 minutes South, longitude 147 degrees 22

minutes East; and

    (ix) from there northerly along the geodesic to the point of

latitude 40 degrees 04 minutes South, longitude 147 degrees 19

minutes East; and

    (x) from there north along the meridian of longitude 147

degrees 19 minutes East to its intersection with the parallel of

latitude 39 degrees 53 minutes South; and

    (xi) from there northerly along the geodesic to the point of

latitude 39 degrees 36 minutes South, longitude 147 degrees 32

minutes East; and

    (xii) from there south-easterly along the geodesic running

through the point of latitude 39 degrees 36 minutes South,

longitude 147 degrees 32 minutes East and the point of latitude 39

degrees 44 minutes South, longitude 147 degrees 51 minutes East to

its intersection with the outer limit of coastal waters adjacent to

Flinders Island; and

    (xiii) from there generally northerly and south-easterly along

that outer limit to its intersection east of Flinders Island with

the parallel of latitude 39 degrees 56 minutes South; and

    (xiv) from there east along the parallel of latitude 39 degrees

56 minutes South to its intersection with the meridian of longitude

150 degrees 25 minutes East; and

    (xv) from there northerly along the meridian of longitude 150

degrees 25 minutes East to its intersection with a point 20

nautical miles seaward of the nearest point of the baseline from

which the coastal waters of Victoria are measured; and

    (xvi) from there generally southerly and westerly along the

line, every point on which is 20 nautical miles from the baseline

from which the coastal waters of Victoria are measured to the point

of intersection of the parallel of latitude 39 degrees South; and

    (xvii) from there west along the parallel of latitude 39

degrees South to the point of intersection of that parallel with

the eastern shore of Wilson's Promontory; and

    (xviii) from there generally southerly and westerly along the

shore of Wilson's Promontory to the intersection of the shore with

the meridian of longitude 146 degrees East; and

    (xix) from there south along that meridian to a point which is

20 nautical miles seaward of the nearest point of the baseline from

which the coastal waters of Victoria are measured; and

    (xx) from there generally westerly along the line, every point

on which is 20 nautical miles seaward of the nearest point of the

baseline from which the coastal waters of Victoria are measured, to

its intersection with the meridian of longitude 140 degrees 57.9

minutes East; and

    (xxi) from there south along that meridian to the point of

commencement.