Fishing Levy Regulation 2016 (Cth)

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Fishing Levy Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 24 November 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Anne Ruston

Assistant Minister for Agriculture and Water Resources

Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and Water Resources

Contents

Part 1Preliminary1Name

This is the Fishing Levy Regulation 2016.

2Commencement
  1. (1)

    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

The day after this instrument is registered.

26 November 2016

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  1. (2)

    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

  1. (a)

    the Fisheries Management Act 1991;

  2. (b)

    the Fishing Levy Act 1991.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5Definitions

Note 1: Fishing concession is defined in the Fishing Levy Act 1991.

Note 2: A number of expressions used in this instrument are defined in the Fisheries Management Act 1991, including the following:

(a) dealing;

(b) fishing permit;

(c) statutory fishing right.

  1. (1)

    In this instrument:

AFMA means the Australian Fisheries Management Authority.

leviable fishing concession means a fishing concession in respect of which an amount of levy is prescribed by this instrument.

levy means levy imposed by the Levy Act.

Levy Act means the Fishing Levy Act 1991.

Management Act means the Fisheries Management Act 1991.

Management Regulations means the Fisheries Management Regulations 1992.

SFR means a statutory fishing right.

  1. (2)

    An expression that is used in this instrument and in the Management Regulations has the same meaning in this instrument as it has in the Management Regulations.

  2. (3)

    An expression that is used:

    1. (a)

      in this instrument in relation to a fishery for which there is a plan of management determined under section 17 of the Management Act; and

    2. (b)

      in the plan of management;

has the same meaning in this instrument as it has in the plan of management.

6References to fisheries

A reference in this instrument to a fishery that is described in regulation 4B of the Management Regulations or in a plan of management determined under section 17 of the Management Act is a reference to the fishery as described in that regulation or that plan.

Note: The following fisheries are described in regulation 4B of the Management Regulations:

(a) Coral Sea Fishery;

(b) Eastern Skipjack Fishery;

(c) North West Slope Trawl Fishery;

(d) Western Deepwater Trawl Fishery;

(e) Western Skipjack Fishery.

Part 2Amount of levy7Prescribed amounts of levy

For the purposes of section 6 of the Levy Act, this Part prescribes the amounts of levy imposed in respect of leviable fishing concessions.

8Bass Strait Central Zone Scallop Fishery
  1. (1)

    In this section:

leviable BSCZSF SFR means a commercial scallop quota SFR that is:

  1. (a)

    granted under the Management Act for the Bass Strait Central Zone Scallop Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable BSCZSF SFR is $0.6685.

9Coral Sea Fishery
  1. (1)

    In this section:

leviable CSF fishing permit means a fishing permit that is:

  1. (a)

    granted under the Management Act for the Coral Sea Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable CSF fishing permit is the sum of:

    1. (a)

      $6,854.44; and

    2. (b)

      the amount for each sector of the Coral Sea Fishery to which the permit relates, as set out in the following table.

Amount of levy—Coral Sea Fishery

Item

Sector

Amount ($)

1

Aquarium

825.13

2

Lobster and trochus collection

825.13

3

Demersal line and trap

1,980.32

4

Demersal trawl and trap

1,980.32

5

Sea cucumber hand collection

825.13

10Eastern Skipjack Fishery
  1. (1)

    In this section:

leviable ESF fishing permit means a fishing permit that is:

  1. (a)

    granted under the Management Act for the Eastern Skipjack Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable ESF fishing permit is $1,420.34.

11Eastern Tuna and Billfish Fishery
  1. (1)

    In this section:

leviable ETBF Albacore Tuna SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Albacore Tuna; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable ETBF Bigeye Tuna SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Bigeye Tuna; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable ETBF Broadbill Swordfish SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Broadbill Swordfish; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable ETBF longline boat SFRmeans a longline SFR that is:

  1. (a)

    granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable ETBF minor line boat SFRmeans a minor line SFR that is:

  1. (a)

    granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable ETBF Striped Marlin SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Striped Marlin; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable ETBF Yellowfin Tuna SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Eastern Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Yellowfin Tuna; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a fishing concession mentioned in the following table is the amount mentioned in the table for the fishing concession.

Amount of levy—Eastern Tuna and Billfish Fishery

Item

SFR

Amount ($)

1

Leviable ETBF Albacore Tuna SFR

0.0662

2

Leviable ETBF Bigeye Tuna SFR

0.1564

3

Leviable ETBF Broadbill Swordfish SFR

0.2302

4

Leviable ETBF longline boat SFR

3,873.48

5

Leviable ETBF minor line boat SFR

1,837.91

6

Leviable ETBF Striped Marlin SFR

0.0422

7

Leviable ETBF Yellowfin Tuna SFR

0.5438

12Heard Island and McDonald Islands Fishery
  1. (1)

    In this section:

leviable HIMI SFR means an SFR that is:

  1. (a)

    granted under the Management Act for the Heard Island and McDonald Islands Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable HIMI SFR is $18.6749.

13Macquarie Island Toothfish Fishery
  1. (1)

    In this section:

leviable MITF SFR means an SFR that is:

  1. (a)

    granted under the Management Act for the Macquarie Island Toothfish Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable MITF SFR is $11.5450.

14Northern Prawn Fishery
  1. (1)

    In this section:

leviable NPF gear SFR means a gear SFR that is:

  1. (a)

    granted under the Management Act for the Northern Prawn Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable NPF gear SFR is $61.38.

15North West Slope Trawl Fishery
  1. (1)

    In this section:

leviable NWSTF fishing permit means a fishing permit that is:

  1. (a)

    granted under the Management Act for the North West Slope Trawl Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable NWSTF fishing permit is $13,711.86.

16Small Pelagic Fishery
  1. (1)

    In this section:

leviable SPF Australian Sardine quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Australian Sardine; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SPF Eastern sub‑area Blue Mackerel quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Eastern sub‑area Blue Mackerel; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SPF Eastern sub‑area Jack Mackerel quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Eastern sub‑area Jack Mackerel; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SPF Eastern sub‑area Redbait quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Eastern sub‑area Redbait; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SPF Western sub‑area Blue Mackerel quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Western sub‑area Blue Mackerel; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SPF Western sub‑area Jack Mackerel quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Western sub‑area Jack Mackerel; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SPF Western sub‑area Redbait quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Small Pelagic Fishery; and

  2. (b)

    authorises the holder to take Western sub‑area Redbait; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a fishing concession mentioned in the following table is the amount mentioned in the table for the fishing concession.

Amount of levy—Small Pelagic Fishery

Item

SFR

Amount ($)

1

Leviable SPF Australian Sardine quota SFR

0.021352

2

Leviable SPF Eastern sub‑area Blue Mackerel quota SFR

0.021352

3

Leviable SPF Eastern sub‑area Jack Mackerel quota SFR

0.021352

4

Leviable SPF Eastern sub‑area Redbait quota SFR

0.021352

5

Leviable SPF Western sub‑area Blue Mackerel quota SFR

0.021352

6

Leviable SPF Western sub‑area Jack Mackerel quota SFR

0.021352

7

Leviable SPF Western sub‑area Redbait quota SFR

0.021352

17Southern and Eastern Scalefish and Shark Fishery – statutory fishing rights
  1. (1)

    In this section:

GAB means the Great Australian Bight.

leviable SESSF GAB trawl boat SFR means a GAB trawl boat SFR that is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF gillnet boat SFR means a gillnet boat SFR that is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF quota SFR means a quota SFR that:

  1. (a)

    authorises the holder to take:

    1. (i)

      a leviable SESSF quota species mentioned in an item of the table in subsection (3); or

    2. (ii)

      a leviable SESSF quota species mentioned in an item of the table in subsection (4) in the sector or zone mentioned in that item; and

  2. (b)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF quota species means a species mentioned in the table in subsection (3) or (4).

leviable SESSF scalefish hook boat SFR means a scalefish hook boat SFR that is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF shark hook boat SFR means a shark hook boat SFR that is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF trawl boat SFR means a trawl boat SFR that is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

SFRs (other than quota SFRs)

  1. (2)

    The amount of levy in respect of a fishing concession mentioned in the following table is the amount mentioned in the table for the fishing concession.

Amount of levy—Southern and Eastern Scalefish and Shark Fishery—SFRs (other than quota SFRs)

Item

SFR

Amount ($)

1

Leviable SESSF GAB trawl boat SFR

30,351.30

2

Leviable SESSF gillnet boat SFR

6,632.01

3

Leviable SESSF scalefish hook boat SFR

3,038.29

4

Leviable SESSF shark hook boat SFR

5,444.69

5

Leviable SESSF trawl boat SFR

9,476.07

Quota SFRs

  1. (3)

    The amount of levy in respect of a leviable SESSF quota SFR that authorises the taking of a quota species mentioned in the following table is the amount mentioned in the table for that species.

Amount of levy—Southern and Eastern Scalefish and Shark Fishery—quota SFRs

Item

Quota species

Amount ($)

1

Alfonsino

0.00422

2

Bight redfish

0.00421

3

Blue eye trevalla

0.26463

4

Blue grenadier

0.11102

5

Blue warehou

0.00555

6

Deepwater flathead

0.00601

7

Elephantfish

0.21640

8

Flathead

0.29707

9

Gummy shark

0.44669

10

Jackass morwong

0.03605

11

John dory

0.06420

12

Mirror dory

0.08305

13

Ocean perch

0.10633

14

Oreodory

0.01081

15

Pink ling

0.58085

16

Redfish

0.03053

17

Ribaldo

0.03724

18

Royal red prawn

0.07208

19

Saw shark

0.13550

20

School shark

0.39321

21

School whiting

0.08619

22

Silver trevally

0.04770

23

Silver warehou

0.11487

  1. (4)

    The amount of levy in respect of a leviable SESSF quota SFR that authorises the taking of a quota species mentioned in an item of the following table in the sector or zone mentioned in that item is the amount mentioned in that item.

Amount of levy—Southern and Eastern Scalefish and Shark Fishery—quota SFRs for species in particular sectors or zones

Item

Quota species

Sector or zone

Amount ($)

1

Deepwater shark

Eastern

0.00945

2

Deepwater shark

Western

0.02495

3

Gemfish

Eastern

0.11483

4

Gemfish

Western

0.08983

5

Orange roughy

Albany and Esperance

0.00056

6

Orange roughy

Cascade Plateau

0.00011

7

Orange roughy

Eastern

0.05688

8

Orange roughy

Southern

0.00812

9

Orange roughy

Western

0.00890

10

Smooth oreodory

Cascade Plateau

0.00000

11

Smooth oreodory

A sector or zone other than the Cascade Plateau

0.00247

18Southern and Eastern Scalefish and Shark Fishery – fishing permits
  1. (1)

    In this section:

GHT means the Gillnet, Hook and Trap Fishery.

leviable SESSF autolongline fishing permit means a fishing permit that:

  1. (a)

    is granted under the Management Act for the Southern and Eastern Scalefish and Shark Fishery; and

  2. (b)

    authorises fishing with automatic baiting equipment in the Commonwealth Scalefish Hook Sector of that fishery; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF ECDT fishing permit means a fishing permit that:

  1. (a)

    is granted under the Management Act for the Southern and Eastern Scalefish and Shark Fishery; and

  2. (b)

    authorises fishing by trawling methods in the East Coast Deepwater Trawl Sector of that fishery; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF GHT fishing permit means a fishing permit that:

  1. (a)

    is granted under the Management Act for:

    1. (i)

      the South Australian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; or

    2. (ii)

      the Tasmanian Coastal Waters Sector of that fishery; or

    3. (iii)

      the Tasmanian Rock Lobster Sector of that fishery; and

  2. (b)

    authorises the taking of fish of one or more leviable SESSF quota species; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF GHT trap fishing permit means a fishing permit that:

  1. (a)

    is granted under the Management Act; and

  2. (b)

    authorises fishing with fish traps in the Commonwealth Scalefish Hook Sector of the Southern and Eastern Scalefish and Shark Fishery; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF quota fishing permit means a fishing permit that:

  1. (a)

    is granted under the Management Act for the Southern and Eastern Scalefish and Shark Fishery; and

  2. (b)

    authorises the holder to take one or more quota species mentioned in the table in subsection (3); and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable SESSF quota SFR has the same meaning as in section 17.

leviable SESSF VCW fishing permit means a fishing permit that:

  1. (a)

    is granted under the Management Act for the Victorian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; and

  2. (b)

    authorises fishing by trawling methods; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

Fishing permits (other than quota fishing permits)

  1. (2)

    The amount of levy in respect of a fishing concession mentioned in the following table is the amount mentioned in the table for the fishing concession.

Amount of levy—Southern and Eastern Scalefish and Shark Fishery—fishing permits (other than quota fishing permits)

Item

Fishing permit

Amount ($)

1

Leviable SESSF autolongline fishing permit

5,551.45

2

Leviable SESSF ECDT fishing permit

553.99

3

Leviable SESSF GHT fishing permit

2,424.37

4

Leviable SESSF GHT trap fishing permit

4,163.59

5

Leviable SESSF VCW fishing permit

395.70

Quota fishing permits

  1. (3)

    Subject to subsection (4), the amount of levy in respect of a leviable SESSF quota fishing permit is worked out by:

    1. (a)

      multiplying the number of quota units authorised to be taken by the permit of a quota species mentioned in an item in the following table by the amount mentioned in that item; and

    2. (b)

      adding together the totals for each applicable item.

Amount of levy—Southern and Eastern Scalefish and Shark Fishery—quota fishing permits

Item

Quota species

Amount ($)

1

Deepwater shark in the Eastern zone

0.02834

2

Deepwater shark in the Western zone

0.07485

3

Oreodory

0.03244

4

Ribaldo

0.11172

5

Smooth oreodory in the Cascade Plateau zone

0.00000

6

Smooth oreodory in a sector or zone other than the Cascade Plateau zone

0.00741

  1. (4)

    If:

    1. (a)

      on 30 April 2017, a leviable SESSF quota fishing permit ceases to be in force; and

    2. (b)

      on 1 May 2017, one or more leviable SESSF quota SFRs are in force that authorise the taking of the quota species that were authorised to be taken by the permit before it ceased to be in force;

then, the amount of levy in respect of the permit is the amount that is equal to two‑thirds of the amount of levy that would, apart from this subsection, be payable in respect of the permit.

19Southern Bluefin Tuna Fishery
  1. (1)

    In this section:

leviable SBTF SFR means an SFR that is:

  1. (a)

    granted under the Management Act for the Southern Bluefin Tuna Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable SBTF SFR is $0.1834.

20Southern Squid Jig Fishery
  1. (1)

    In this section:

leviable SSJF gear SFR means a gear SFR that is:

  1. (a)

    granted under the Management Act for the Southern Squid Jig Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable SSJF gear SFR is $29.2160.

21Western Deepwater Trawl Fishery
  1. (1)

    In this section:

leviable WDWTF fishing permit means a fishing permit that is:

  1. (a)

    granted under the Management Act for the Western Deepwater Trawl Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable WDWTF fishing permit is $4,062.46.

22Western Skipjack Fishery
  1. (1)

    In this section:

leviable WSF fishing permit means a fishing permit that is:

  1. (a)

    granted under the Management Act for the Western Skipjack Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a leviable WSF fishing permit is $1,420.34.

23Western Tuna and Billfish Fishery
  1. (1)

    In this section:

leviable WTBF Bigeye Tuna quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Western Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Bigeye Tuna; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable WTBF boat SFR means a boat SFR that is:

  1. (a)

    granted under the Management Act for the Western Tuna and Billfish Fishery; and

  2. (b)

    in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable WTBF Broadbill Swordfish quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Western Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Broadbill Swordfish; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable WTBF Striped Marlin quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Western Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Striped Marlin; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

leviable WTBF Yellowfin Tuna quota SFR means a quota SFR that:

  1. (a)

    is granted under the Management Act for the Western Tuna and Billfish Fishery; and

  2. (b)

    authorises the holder to take Yellowfin Tuna; and

  3. (c)

    is in force at any time during the period starting on the commencement of this instrument and ending on 30 June 2017.

  1. (2)

    The amount of levy in respect of a fishing concession mentioned in the following table is the amount mentioned in the table for the fishing concession.

Amount of levy—Western Tuna and Billfish Fishery

Item

SFR

Amount ($)

1

Leviable WTBF Bigeye Tuna quota SFR

0.0478

2

Leviable WTBF boat SFR

1,105.55

3

Leviable WTBF Broadbill Swordfish quota SFR

0.0478

4

Leviable WTBF Striped Marlin quota SFR

0.0478

5

Leviable WTBF Yellowfin Tuna quota SFR

0.0478

Part 3Collection of levy24Collection and payment of levy

For the purposes of sections 110 and 111 of the Management Act, this Part provides for:

  1. (a)

    when levy is due and payable; and

  2. (b)

    the payment of levy by instalments.

25When levy is due and payable etc.
  1. (1)

    In this section:

leviable SESSF quota fishing permit has the same meaning as in section 18.

leviable SESSF quota SFR has the same meaning as in section 17.

Leviable fishing concessions—general

  1. (2)

    Subject to subsections (7) to (9), an amount of levy in respect of a leviable fishing concession must be paid in 3 approximately equal instalments.

  2. (3)

    The instalments are due and payable as follows:

    1. (a)

      the first instalment is due and payable on 7 February 2017;

    2. (b)

      the second instalment is due and payable on 4 April 2017;

    3. (c)

      the third instalment is due and payable on 29 May 2017.

  3. (4)

    Despite paragraph (3)(a), if a dealing occurs on or after 10 January 2017 and before 7 February 2017 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the first instalment is due and payable on the earlier of:

    1. (a)

      7 February 2017; and

    2. (b)

      the day before the day an application is made to register the dealing under section 46 of the Management Act.

  4. (5)

    Despite paragraph (3)(b), if a dealing occurs on or after 7 March 2017 and before 4 April 2017 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the second instalment is due and payable on the earlier of:

    1. (a)

      4 April 2017; and

    2. (b)

      the day before the day an application is made to register the dealing under section 46 of the Management Act.

  5. (6)

    Despite paragraph (3)(c), if a dealing occurs on or after 1 May 2017 and before 29 May 2017 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the third instalment is due and payable on the earlier of:

    1. (a)

      29 May 2017; and

    2. (b)

      the day before the day an application is made to register the dealing under section 46 of the Management Act.

Leviable SESSF quota fishing permits to which subsection 18(4) applies

  1. (7)

    If subsection 18(4) applies to a leviable SESSF quota fishing permit, the amount of levy in respect of the permit must be paid in 2 approximately equal instalments.

  2. (8)

    The instalments are due and payable as follows:

    1. (a)

      the first instalment is due and payable on 7 February 2017;

    2. (b)

      the second instalment is due and payable on 4 April 2017.

Certain leviable SESSF quota SFRs

  1. (9)

    An amount of levy in respect of a leviable SESSF quota SFR that authorises the taking of a quota species mentioned in item 14 or 17 of the table in subsection 17(3) or item 1, 2, 10 or 11 of the table in subsection 17(4) is due and payable on:

    1. (a)

      29 May 2017; or

    2. (b)

      if a dealing occurs on or after 1 May 2017 and before 29 May 2017 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the SFR—the earlier of:

      1. (i)

        29 May 2017; and

      2. (ii)

        the day before the day an application is made to register the dealing under section 46 of the Management Act.

    Note: Section 7 of the Levy Act provides that levy in respect of a fishing concession is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing concession.

Schedule 1—Repeals

Fishing Levy Regulation 2015

1

The whole of the regulation

Repeal the regulation.

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