Fishing Levy (East Coast Tuna Fishery) Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 362 1

__________________

Fishing Levy (East Coast Tuna Fishery) 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 Fishing Levy Act 1991 and the Fisheries Management Act 1991.

Dated 29 November 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

____________

1.   Amendment

1.1   The Fishing Levy (East Coast Tuna Fishery) Regulations are amended as set out in these Regulations.

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

2.   Regulation 2 (Interpretation)

2.1   Definition of “tuna”:

Paragraph (a):

Omit the paragraph, substitute:

• “(a)

  of the family Scombridae, commonly known as tuna and tuna-like fish, except:

  • (i)

    fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and

  • (ii)

    Southern Bluefin Tuna (Thunnus maccoyii (Castelnau)) and Northern Bluefin Tuna (Thunnus thynnus); and”.

2.2   Add at the end:

“(2)

The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).”.

3.   Regulation 3 (Amount of levy)

3.1   Subregulation 3 (1):

Omit “1 July 1994”, substitute “1 July 1995”.

3.2   Subregulation 3 (1):

Omit “30 June 1995,”, substitute “30 June 1996,”.

[NOTE:

 The note to subregulation 3 (1) is omitted and the following note substituted:

“[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, in respect of a fishing permit referred to in regulation 3, that, in relation to a sector of the fishery, the amount specified in the Note to Schedule 1 from the levy amount specified in Column 3 in Schedule 1 of the item relating to that sector will be paid to the Corporation as the Fishery’s contribution to the research component for the financial year ending on 30 June 1996.]”.]

3.3   Add at the end:

“(3)

Despite subregulation (2), if a fishing permit authorises the use of a boat for fishing in:

• (a)

  the PLL (Sub-area 9) Sector; and

• (b)

  one other sector of the fishery;

the amount of levy prescribed for the fishing permit is:

• (c)

  the amount specified in Column 3 in Schedule 1 of the item relating to the PLL (Sub-area 9) Sector; and

• (d)

  the amount of levy prescribed in relation to the other sector of the fishery.

“(4)

Despite subregulation (2), if a fishing permit authorises the use of a boat for fishing in:

• (a)

  the PLL (Sub-area 9) Sector; and

• (b)

  more than one other sector of the fishery;

the amount of levy prescribed for the fishing permit is:

• (c)

  the amount specified in Column 3 in Schedule 1 of the item relating to the PLL (Sub-area 9) Sector; and

• (d)

  the highest of the amounts specified in Column 3 in Schedule 1 of the items relating to those other sectors of the fishery.”.

4.   Regulation 4 (When is levy due and payable?)

4.1   Paragraphs 4 (1) (a) and (b):

Omit the paragraphs, substitute:

• “(a)

  if the permit is granted before 30 November 1995—on or before 21 December 1995; and

• (b)

  if the permit is granted on or after 30 November 1995—not later than 21 days after the grant of the permit.”.

4.2   Subregulation 4 (2):

Omit the subregulation, substitute:

“(2)

For the purposes of subregulation (1), a ‘previous levy payer’ is the holder of a fishing permit who, during the period that commenced on 1 July 1995 and ends on 30 June 1996, has paid the amount of levy specified in column 3 of item 10 in Schedule 1 in respect of a fishing permit that authorises the use of a boat for fishing in the PLL (Sub-area 9) Sector.”.

5.   Schedule 1

5.1   Omit the Schedule, substitute:

“SCHEDULE 1 Regulation 3 

Column 1 Item	Column 2 Sector	Column 3 Levy
$
1	ML Sector	600
2	PL Sector	Nil
3	PLL (Sub-area 1) Sector	2800
4	PLL (Sub-area 2) Sector	2500
5	PLL (Sub-area 4) Sector	1350
6	PLL (Sub-area 5) Sector	Nil
7	PLL (Sub-area 6) Sector	1285
8	PLL (Sub-area 7) Sector	1285
9	PLL (Sub-areas 8A and 8B) Sector	1285
10	PLL (Sub-area 9) Sector	500
11	PS (Sub-area 3) Sector	3600
12	PS (Sub-area 4) Sector	2200
13	PS (Sub-area 6) Sector	2750
14	PS (Sub-area 7) Sector	1900
15	PS (Sub-areas 8A and 8B) Sector	Nil

[NOTE:

 The following amounts are the amounts of levy proposed to be paid to the Fisheries Research and Development Corporation for research and development activities under the Primary Industries and Energy Research and Development Act 1989 as the fishery’s contribution to the research component of levy paid:

 (a) ML Sector—$58;

• (b)

  PL Sector—Nil;

• (c)

  PLL (Sub-area 1) Sector—$58;

• (d)

  PLL (Sub-area 2) Sector—$58;

• (e)

  PLL (Sub-area 4) Sector—$58;

• (f)

  PLL (Sub-area 5) Sector—Nil;

• (g)

  PLL (Sub-area 6) Sector—$58;

• (h)

  PLL (Sub-area 7) Sector—$58;

• (i)

  PLL (Sub-areas 8A and 8B) Sector—$58;

• (j)

  PLL (Sub-area 9) Sector—Nil;

• (k)

  PS (Sub-area 3) Sector—$318;

• (l)

  PS (Sub-area 4) Sector—$318;

• (m)

  PS (Sub-area 6) Sector—$318;

• (n)

  PS (Sub-area 7) Sector—$318;

• (o)

  PS (Sub-areas 8A and 8B) Sector—Nil.]”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 December 1995.

2. Statutory Rules 1995 No. 126.