Fishing Levy (Jack Mackerel Purse Seine Fishery) Regulations (Cth)

Statutory Rules 1994

No. 236 1

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Fishing Levy (Jack Mackerel Purse Seine Fishery)

Regulations

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 27 June 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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Citation

 1. These Regulations may be cited as the Fishing Levy (Jack Mackerel Purse Seine Fishery)  Regulations.

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

Interpretation

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

“fishing” means fishing for Jack Mackerel by purse-seining methods;

“Jack Mackerel” includes Greenback Jack Mackerel (or Trachurus declivis), Yellowtail Jack Mackerel (or Trachurus novaezelandiae), Peruvian Jack Mackerel (or Trachurus murphyi), Blue Mackerel (or Scomber australasicus) and Redbait (or Emmelichthys nitidus);

“Jack Mackerel Purse Seine Fishery” means that part of the Australian fishing zone that is specified in the Schedule;

“fishing permit” means a fishing permit for fishing in the Jack Mackerel Purse Seine Fishery;

“Levy Act” means the Fishing Levy Act 1991;

“Management Act” means the Fisheries Management Act 1991.

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 after 30 June 1994 in relation to all or part of the fishery is $1,000.

 (2) If:

• (a)

  levy is payable for a fishing permit issued to a person in relation to a boat for part of the fishery; and

• (b)

  during the period of operation of that fishing permit, another fishing permit is issued to the person in relation to the same boat for another part of the fishery;

the person is not liable to pay levy for the second fishing permit.

When levy is due and payable

 4.For the purposes of section 110 of the Management Act, levy is due and payable for a fishing permit on the grant of the fishing permit.

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 SCHEDULE Regulation 2

AREA OF THE JACK MACKEREL FISHERY

The Jack Mackerel Fishery comprises that part of the Australian fishing zone that is contained within the area bounded by a line:

• (a)

  beginning at the point of intersection of the West coast of Australia with the parallel of Latitude 31˚00' South; and

• (b)

  running:

  • (i)

    from there west along that parallel of Latitude to its intersection with the outer limit of the Australian fishing zone;

  • (ii)

    from there southerly, easterly and northerly along that outer limit to its intersection with the parallel of Latitude 28˚10' South;

  • (iii)

    from there west along that parallel to its intersection with the East coast of Australia; and

  • (iv)

    from there southerly, westerly and northerly along that coastline to the point where the line began.

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NOTE

1. Notified in the Commonwealth of Australia Gazette