Fishing Levy (North East Deep Water Fishery) Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 52 1

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Fishing Levy (North East Deep Water 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 8 May 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

WARWICK PARER

Minister for Resources and Energy

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1.   Amendment

1.1   The Fishing Levy (North East Deep Water 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 “fishery area”:

Omit the definition.

2.2   Definition of “North East Deep Water Fishery”:

Omit the definition, substitute:

“‘North East Deep Water Fishery’ means commercial fishing activities, using any method, in the area set out in the Schedule, other than commercial fishing activities:

• (a)

  to which the Southern Bluefin Tuna Fishery Management Plan applies; or

• (b)

  in relation to which a levy arises under the Fishing Levy (East Coast Tuna Fishery) Regulations.”.

2.3   Add at the end:

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

3.   Regulation 3 (Amount of levy)

3.1   Omit the regulation, substitute:

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 July 1995 and ending on 30 June 1996 is:

• (a)

  if the permit relates to the Aquarium Sector of the Fishery—$500; and

• (b)

  if the permit relates to the Deep Water Sector of the Fishery—$1,060.

 “(2) For the purposes of subregulation (1):

• (a)

  a fishing permit relates to the Aquarium Sector of the Fishery if the permit authorises the taking of fish only by hand collection (that is, by hand, by handline, or by scoop net); and

• (b)

  a fishing permit relates to the Deep Water Sector of the Fishery if the permit authorises the taking of fish by any method other than hand collection.

“[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.]”.

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

4.1   Omit the regulation, substitute:

When must levy be paid?

 “4. For the purposes of section 110 of the Management Act, levy for a fishing permit to which these Regulations relate must be paid:

• (a)

  if the permit was granted before 15 May 1996—on or before 6 June 1996; or

• (b)

  in any other case—not later than 28 days after the permit is granted.”.

5.   Schedule (Area of the North East Deep Water Fishery)

5.1   Omit the Schedule, substitute:

 “SCHEDULE Regulation 2

AREA OF THE NORTH EAST DEEP WATER FISHERY

That part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at latitude 24∞ 30¢ south, longitude 154∞ 40¢ east (‘the commencing point’), and

• (b)

  then running generally north-westerly along the geodesic:

  • (i)

    to latitude 22∞ 15¢ south, longitude 154∞ 40¢ east; and

  • (ii)

    then to latitude 18∞ 45¢ south, longitude 152∞ 35¢ east; and

  • (iii)

    then to latitude 18∞ 20¢ south, longitude 148∞ 20¢ east; and

  • (iv)

    then to latitude 15∞ south, longitude 146∞ east; and

  • (v)

    then to latitude 13∞ south, longitude 145∞ east; and

• (c)

  then running northerly along meridian of longitude 145∞ east to its intersection with the outer limit of the Australian fishing zone; and

• (d)

  then running from that intersection generally south-easterly along that outer limit to its intersection with parallel of latitude 24∞ 30¢ south; and

• (e)

  then running from that intersection westerly along parallel of latitude 24∞ 30¢ south to the commencing point.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 May 1996.

2. Statutory Rules 1995 No. 128.