Fishing Levy (Northern Prawn Fishery) Regulations (Cth)

Statutory Rules 1995

No. 221 1

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Fishing Levy (Northern Prawn 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 4 July 1995.

 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 (Northern Prawn Fishery) Regulations.

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

Interpretation

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

“Levy Act” means the Fishing Levy Act 1991;

“Management Act” means the Fisheries Management Act 1991;

“Northern Prawn Fishery Management Plan 1995” means the plan of management that is in force from time to time in respect of the Northern Prawn Fishery;

“relevant year” means the year in respect of which:

• (a)

  an active Class A statutory fishing right; or

• (b)

  a surplus Class A statutory fishing right;

has effect for the purposes of regulation 3.

 (2) An expression used in these Regulations that is also used in the Northern Prawn Fishery Management Plan 1995 has the same meaning as it has in that plan.

Amount of levy

 3. (1) For the purposes of section 6 of the Levy Act, an amount of $34.35 is the amount of levy prescribed in respect of:

• (a)

  an active Class A statutory fishing right that has effect on 13 July in a year; or

• (b)

  a surplus Class A statutory fishing right that has effect on 13 July in a year.

 (2) For the purposes of section 6 of the Levy Act, an amount of $54.00 is the amount of levy prescribed in respect of:

• (a)

  an active Class A statutory fishing right that has effect on 13 December in a year; or

• (b)

  a surplus Class A statutory fishing right that has effect on 13 December in a year.

[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 each statutory fishing right referred to in subregulation 3 (2), that an amount of $5.00 from the levy amount of $54.00 will be paid to the Corporation as the Fishery’s contribution to the research component.]

When levy is due and payable

 4. For the purposes of section 110 of the Management Act:

• (a)

  the amount of levy specified in subregulation 3 (1) is due and payable on 13 July in the relevant year; and

• (b)

  the amount of levy specified in subregulation 3 (2) is due and payable on 13 December in the relevant year.

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NOTE

1. Notified in the Commonwealth of Australia Gazette