Fishing Levy Regulations 1998 (Cth)
made under the
Consolidated as in force on 11 August1999
(includes amendments up to SR 1999 No. 96)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra)
made under the
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Part 16 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery
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These regulations are the
Fishing Levy Regulations 1998.
These regulations commence on gazettal.
(1) In these regulations:
1998–99 financial year means the financial year beginning on 1 July 1998.
gemfish means fish of the speciesRexea solandri .
holder , of a fishing concession, means the person to whom the concession was granted or, if the person has transferred the concession to someone else, the other person.
invoice date , for levy, or an instalment of levy, payable for a fishing concession, means the date mentioned on the invoice issued by AFMA for the levy or instalment as the date of issue.
Levy Act means theFishing Levy Act 1991 .
Management Act means theFisheries Management Act 1991 .
orange roughy means fish of the speciesHoplosthethus atlanticus .
(2) Unless the contrary intention appears:
(a) a reference in these regulations to a named fishery that is described by that name in regulation 4B of the Fisheries Management Regulations is a reference to the fishery as described; and
(b) any other word or expression used in these regulations and in the Fisheries Management Regulations has the same meaning in these regulations as in those Regulations.
Note 1 The fisheries described in regulation 4B of the Fisheries Management Regulations are:
(a) the Bass Strait Scallop Fishery; and
(b) the Coral Sea Fishery; and
(c) the Eastern Tuna and Billfish Fishery; and
(d) the Heard Island and McDonald Islands Fishery; and
(e) the Jack Mackerel Fishery; and
(f) the Macquarie Island Developmental Fishery; and
(g) the North West Slope Trawl Fishery; and
(h) the South East Non-trawl Fishery; and
(i) the Southern Shark Fishery; and
(j) the Southern Squid Fishery; and
(k) the Southern Tuna and Billfish Fishery; and
(l) the South Tasman Rise Fishery; and
(m) the Western Deep Water Trawl Fishery; and
(n) the Western Tuna and Billfish Fishery.
Note 2 The following plans of management have been made under section 17 of the Management Act:
(a) the Great Australian Bight Trawl Fishery Management Plan (notified in
Gazette No. S205 of 2 July 1993);(b) the Northern Prawn Trawl Fishery Management Plan 1995 (notified in
Gazette No. S49 of 10 February 1995);(c) the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in
Gazette No. S34 of 3 February 1995);(d) the South East Trawl Fishery Management Plan 1998 (notified in
Gazette No. S300 of 25 June 1998).
Note 3 Under thePrimary Industries and Energy Research and Development Act 1989 , a part (the ‘research component’) of the levy imposed by theFishing Levy Act 1991 is to be paid to the Fisheries Research and Development Corporation for research and development activities relating to the fishing industry. The research component of each levy amount is set out in a note following the regulation that states that amount.
In this Part:
BSSF fishing permit means a fishing permit for the Bass Strait Scallop Fishery.
For section 6 of the Levy Act, the amount of levy for a BSSF fishing permit in force in the period from 1 June 1998 to 31 May 1999 (inclusive) is $1,940.
Note The research component of the levy amount is $60.
For section 110 of the Management Act, levy for a BSSF fishing permit must be paid on or before the later of:
(a) 25 January 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
CSF fishing permit means a fishing permit for the Coral Sea Fishery.
For section 6 of the Levy Act, the amount of levy for a CSF fishing permit in force in the 1998–99 financial year is $3,013.
Note The research component of the levy amount is $60.
For section 110 of the Management Act, levy for a CSF fishing permit must be paid on or before the later of:
(a) 1 February 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
ETBF fishing permit means a fishing permit for the Eastern Tuna and Billfish Fishery.
sector of the Fishery means a sector described in subregulation 4C (1) of the Fisheries Management Regulations.
(1) For section 6 of the Levy Act, the amount of levy for an ETBF fishing permit in force in the 1998–99 financial year is:
(a) if the permit authorises fishing in a single sector of the Fishery — the amount stated in column 3 in Schedule 1 for the sector; or
(b) if the permit authorises fishing in 2 or more sectors of the Fishery — the greater or greatest of the amounts of levy stated in column 3 in the items in Schedule 1 for the sectors.
Note The research components of the levy amounts for fishing permits authorising fishing in particular sectors are set out in the table in the note following Schedule 1.
(2) However, for section 6 of the Levy Act, the amount of levy for an ETBF fishing permit in force in the 1998–99 financial year that only authorises the taking of fish as by-catch in the course of fishing in the area of the Eastern Tuna and Billfish Fishery is $411.
(1) For section 110 of the Management Act, levy for an ETBF fishing permit must be paid in 2 equal instalments in accordance with subregulations (2) and (3).
(2) The first instalment must be paid on or before the later of:
(a) 14 January 1999; and
(b) 28 days after the invoice date for the instalment.
(3) The second instalment must be paid on or before the later of:
(a) 31 March 1999; and
(b) 28 days after the invoice date for the instalment.
In this Part:
GABTF fishing right means a statutory fishing right within the meaning of the Great Australian Bight Trawl Fishery Management Plan, as in force from time to time.
For section 6 of the Levy Act, the amount of levy for a GABTF fishing right in force in the 1998–99 financial year is $12,157.
Note The research component of the levy amount is $1,483.
For section 110 of the Management Act, levy for a GABTF fishing right must be paid on or before the later of:
(a) 25 January 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
HIMI fishing permit means a fishing permit for the Heard Island and McDonald Islands Fishery.
For section 6 of the Levy Act, the amount of levy for a HIMI fishing permit in force in the period from 7 November 1998 to 30 June 1999 (inclusive) is $51,744.
Note The research component of the levy amount is $6,101.
For section 110 of the Management Act, levy for a HIMI fishing permit must be paid on or before the later of:
(a) 3 May 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
JMF fishing permit means a fishing permit for the Jack Mackerel Fishery.
(1) For section 6 of the Levy Act, the amount of levy for a JMF fishing permit in force in the period from 1 March 1999 to 29 February 2000 (inclusive) is $700.
Note The research component of the levy amount is $60.
(2) Subregulation (1) does not apply to a JMF fishing permit (the
first permit ) that permits its holder to fish in Zone A of the Jack Mackerel Fishery area if, when the permit was granted:
(a) the holder also held a JMF fishing permit (the
second permit ) that permits its holder to fish in Zone B, C or D of that area; and(b) the first and second permits apply to the same boat.
(3) It does not matter whether the first and second permits authorise fishing by the same method or different methods.
For section 110 of the Management Act, levy for a JMF fishing permit must be paid on or before the later of:
(a) 30 April 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
MIDF fishing permit means a fishing permit for the Macquarie Island Developmental Fishery.
For section 6 of the Levy Act, the amount of levy for an MIDF fishing permit in force in the period from 1 January 1999 to 30 June 1999 (inclusive) is $579,745.
Note The research component of the levy amount is $11,548.
For section 110 of the Management Act, levy for an MIDF fishing permit must be paid on or before the later of:
(a) 1 March 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
NWSTF fishing permit means a fishing permit for the North West Slope Trawl Fishery.
For section 6 of the Levy Act, the amount of levy for an NWSTF fishing permit in force in the 1998–99 financial year is $5,074.
Note The research component of the levy amount is $195.
For section 110 of the Management Act, levy for an NWSTF fishing permit must be paid on or before the later of:
(a) 25 January 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
NPF fishing right means:
(a) an active Class A statutory fishing right within the meaning of the Northern Prawn Fishery Management Plan 1995, as in force from time to time; or
(b) a surplus Class A statutory fishing right within the meaning of that Plan.
For section 6 of the Levy Act, the amount of levy for an NPF fishing right:
(a) in force on 23 December 1998 —is $55.28; or
(b) in force on 13 July 1999 —is $34.26.
Note The research component of the levy amount mentioned in paragraph 10.2 (a) is $5.25.
For section 110 of the Management Act:
(a) levy for an NPF fishing right in force on 23 December 1998 must be paid on or before the later of:
(i) 23 December 1998; and
(ii) 28 days after the invoice date for the levy; and
(b) levy for an NPF fishing right in force on 13 July 1999 must be paid on or before the later of:
(i) 13 July 1999; and
(ii) 28 days after the invoice date for the levy.
In this Part:
SENTF fishing permit means a fishing permit for the South East Non-trawl Fishery.
For section 6 of the Levy Act, the amount of levy for an SENTF fishing permit in force on 16 April 1999 is the total of the following amounts:
(a) $1126;
(b) if the permit authorises fishing for blue-eye trevalla — the amount calculated by multiplying the number of permanent units for blue-eye trevalla mentioned in Attachment B to the permit by 54.3 cents;
(c) if the permit authorises fishing for pink ling — the amount calculated by multiplying the number of permanent units for pink ling mentioned in Attachment B to the permit by 38 cents;
(d) if the permit authorises fishing for blue warehou — the amount calculated by multiplying the number of permanent units for blue warehou mentioned in Attachment B to the permit by 1.8 cents.
Note The research component of the levy amount mentioned in paragraph 11.2 (a) is $66.
For section 110 of the Management Act, levy for an SENTF fishing permit must be paid on or before the later of:
(a) 12 May 1999; and
(b) 28 days after the invoice date for the payment
In this Part:
quota species means a species of fish mentioned in Part 1 of Schedule 2.
SETF fishing permit means a fishing permit for the South East Trawl Fishery.
For section 6 of the Levy Act, the amount of levy for an SETF fishing permit in force on 1 January 1999 is the total of:
(a) for each quota species (except gemfish or orange roughy) to which the permit relates — the total of the amounts calculated by multiplying the number of quota units of the species mentioned in the permit by the amount stated in column 3 in the item in Part 2 of Schedule 2 for the species; and
(b) if the permit authorises the taking of gemfish or orange roughy —the total of the amounts calculated by multiplying the number of quota units mentioned in the permit by the amount stated in column 3 in the item in Part 3 of Schedule 2 for each species and species sector.
Note The research components of the levy amounts for fishing permits relating to particular quota species are set out in the table in the notes following Part 3 of Schedule 2.
(1) For section 110 of the Management Act, levy for an SETF fishing permit must be paid:
(a) if the permit is granted before 14 April 1999 — in accordance with subregulation (2); and
(b) if the permit is granted on or after 14 April 1999 — on or before 28 days after the invoice date for the levy.
(2) For paragraph (1) (a):
(a) one-third of the total amount of the levy must be paid on or before the later of:
(i) 28 January 1999; and
(ii) 28 days after the invoice date for the payment; and
(b) the remainder must be paid on or before the later of:
(i) 12 May 1999; and
(ii) 28 days after the invoice date for the payment.
In this Part:
SBTF fishing right means a statutory fishing right described in clause 8 of the Southern Bluefin Tuna Fishery Management Plan 1995, as in force from time to time.
season has the same meaning as in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.
Note Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations definesseason to mean the period commencing at the beginning of 1 December in a year and ending at the end of 30 November in the following year.
For section 6 of the Levy Act, the amount of levy for an SBTF fishing right is, for each season in which the fishing right is in force, 17.03 cents.
Note The research component of the levy amount is 2.01 cents.
(1) For section 110 of the Management Act, levy for an SBTF fishing right must be paid, for each season in which the fishing right is in force, in 3 equal instalments in accordance with subregulations (2), (3) and (4).
(2) The first instalment must be paid on or before the later of:
(a) 15 January in the season; and
(b) 28 days after the invoice date for the instalment.
(3) The second instalment must be paid on or before the later of:
(a) 12 March in the season; and
(b) 28 days after the invoice date for the instalment.
(4) The third instalment must be paid on or before the later of:
(a) 3 May in the season; and
(b) 28 days after the invoice date for the instalment.
In this Part:
SSF fishing permit means a fishing permit for the Southern Shark Fishery.
Note The meaning ofnet unit is set out in an SSF fishing permit.
(1) For section 6 of the Levy Act, the amount of levy for an SSF fishing permit in force in the 1998–99 financial year is as set out in subregulations (2), (3) and (4).
(2) The amount of levy is:
(a) if the permit authorises fishing by the use of a gillnet — $633 for each net unit specified in the permit; and
(b) if the permit authorises fishing by the use of up to 1000 hooks — $458; and
(c) if the permit authorises fishing by the use of more than 1000 hooks but not more than 2000 hooks — $916.
Note The research component of each levy is:(a) for a permit referred to in paragraph 14.2 (2) (a) (gillnet) — $35 for each net unit; and
(b) for a permit referred to in paragraph 14.2 (2) (b) (up to 1000 hooks) — $25; and
(c) for a permit referred to in paragraph 14.2 (2) (c) (1000–2000 hooks) — $50.
(3) However, if the person to whom the fishing permit is granted held, within 1 month before the permit is granted, a permission (however described) under the law of a State to engage in shark fishing in the area of the Southern Shark Fishery and the person does not hold another SSF fishing permit, the amount of levy is $53 for each month in which the permit is in force.
(4) Also, if the person holds an SSF fishing permit that is in force in the 1998–99 financial year and the person is granted another SSF fishing permit for the 1998–99 financial year after 30 November 1998, the amount of levy for the second permit is nil.
(1) For section 110 of the Management Act, levy for an SSF fishing permit under subregulation 14 (2) must be paid on or before the later of:
(a) 30 April 1999; and
(b) 28 days after the invoice date for the levy.
(2) For section 110 of the Management Act, levy for an SSF fishing permit under subregulation 14 (3) must be paid within 28 days after the invoice date for the levy.
If the holder of an SSF fishing permit surrenders the permit by giving written notice to AFMA on or before the last day on or before which levy may be paid in accordance with regulation 14.3, AFMA must:
(a) if the holder has paid levy for the permit — refund the levy; or
(b) in any other case — remit the levy payable for the permit.
In this Part:
SQDF fishing permit means a fishing permit for the Southern Squid Fishery.
For section 6 of the Levy Act, the amount of levy for an SQDF fishing permit in force in the period from 1 September 1998 to 31 August 1999 (inclusive) is $1,797.
Note The research component of the levy amount is $60.
For section 110 of the Management Act, levy for an SQDF fishing permit must be paid on or before the later of:
(a) 15 January 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
STBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery.
SWTBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery.
WTBF fishing permit means a fishing permit for the Western Tuna and Billfish Fishery.
(1) For section 6 of the Levy Act, the amount of levy for an STBF, SWTBF or WTBF fishing permit in force in the 1998–99 financial year is:
(a) if the permit authorises the use of a purse-seine fishing method — $1,850; and
(b) if the permit authorises the use of a pelagic longline fishing method — $1,350; and
(c) if the permit authorises the use of any other line fishing method — $950; and
(d) if the permit authorises the use of more than 1 fishing method in a fishery — the greater or greatest of the amounts applicable to the permit under paragraphs (a), (b) and (c).
(2) However, the amount of levy for an STBF, SWTBF or WTBF fishing permit is $300, if the permit:
(a) is granted to the holder of a statutory fishing right under the Southern Bluefin Tuna Fishery Management Plan 1995, as in force from time to time; and
(b) is expressed not to be transferable; and
(c) authorises the taking, by any fishing method, of by-catch as a consequence of the taking of southern bluefin tuna, in accordance with the limits stated in the permit.
Note The research component of any of the levy amounts is $60.
For section 110 of the Management Act, levy for an STBF, SWTBF or WTBF fishing permit must be paid on or before the later of:
(a) 22 February 1999; and
(b) 28 days after the invoice date for the levy.
In this Part:
first fishing period , for a season, means the period from 1 March to 30 April (inclusive) in the season.
leviable quantity , for an STR fishing permit under which orange roughy may be taken, means the quantity of orange roughy that is taken under the permit in a fishing period.
season means the period from 1 March in a year to the last day of February in the following year (inclusive).
second fishing period , for a season, means the period from 1 May to the last day of February (inclusive) in the season.
STR fishing permit means a fishing permit for the South Tasman Rise Fishery.
Note Orange roughy is defined in subregulation 1.3 (1).
For section 6 of the Levy Act, the amount of levy for an STR fishing permit is 10 cents per kilogram of any leviable quantity taken under the permit.
(1) For section 110 of the Management Act, levy for an STR fishing permit in force in the first fishing period in a season must be paid on or before the later of:
(a) 10 June in the season; and
(b) 28 days after the invoice date for the levy.
(2) For section 110 of the Management Act, levy for an STR fishing permit in force in the second fishing period in a season must be paid on or before the later of:
(a) 14 April in the following season; and
(b) the invoice date for the levy.
In this Part:
WDWTF fishing permit means a fishing permit for the Western Deep Water Trawl Fishery.
For section 6 of the Levy Act, the amount of levy for a WDWTF fishing permit is, for each financial year in which the permit is in force, $4,898.
Note The research component of the levy amount is $30.
For section 110 of the Management Act, levy for a WDWTF fishing permit for each financial year in which the permit is in force must be paid on or before the later of:
(a) 25 January in that financial year; and
(b) 28 days after the invoice date for the levy.
In this Part:
fishing permit means a fishing permit that authorises the use of a boat in an informally managed fishery.
informally managed fishery means a fishery:
(a) for which a plan of management has not been made under section 17 of the Management Act; and
(b) that is not described in regulation 4B of the Fisheries Management Regulations.
(1) For section 6 of the Levy Act, the amount of levy for a fishing permit is, for each year in which the permit is in force, $700.
Note The research component of the levy amount is $60.
(2) However, for section 6 of the Levy Act, the amount of levy for a fishing permit expressed to be for the Victorian Inshore Trawl Fishery is nil.
(3) Subregulation (1) does not apply to a fishing permit if:
(a) the boat authorised for prospective use under the permit is also authorised for use under a fishing permit for another informally managed fishery; or
(b) the permit authorises only the testing of fishing equipment.
For section 110 of the Management Act, levy for a fishing permit must be paid:
(a) on the grant of the permit; and
(b) while the concession remains in force — on or before the later of:
(i) each anniversary of the grant of the permit; and
(ii) 28 days after the invoice date for the levy.
The following statutory rules are repealed:
• Fishing Levy Regulations 1997 No. 312
• Fishing Levy Regulations (Amendment) 1998 No. 205.
(subregulation 4.2 (1))
ML Sector | 1,087 | |
PL Sector | 1,087 | |
PLL (Sub-area 1) Sector | 4,550 | |
PLL (Sub-area 2) Sector | 4,077 | |
PLL (Sub-area 4) Sector | 2,267 | |
PLL (Sub-area 5) Sector | 2,166 | |
PLL (Sub-area 6) Sector | 2,166 | |
PLL (Sub-area 7) Sector | 2,166 | |
PLL (Sub-area 8) Sector | 2,166 | |
PLL (Sub-area 9) Sector | 1,397 | |
PLL (Sub-area 10) Sector | 411 | |
PS (Sub-area 3) Sector | 5,767 | |
PS (Sub-area 4) Sector | 3,563 | |
PS (Sub-area 6) Sector | 4,429 | |
PS (Sub-area 7) Sector | 3,091 |
Note The research component of each levy is:$
1 for the ML Sector 234
2 for the PL Sector 234
3 for the PLL (Sub-area 1) Sector 234
4 for the PLL (Sub-area 2) Sector 234
5 for the PLL (Sub-area 4) Sector 234
6 for the PLL (Sub-area 5) Sector 234
7 for the PLL (Sub-area 6) Sector 234
8 for the PLL (Sub-area 7) Sector 234
9 for the PLL (Sub-area 8) Sector 234
10 for the PLL (Sub-area 9) Sector 0
11 for the PLL (Sub-area 10) Sector 234
12 for the PS (Sub-area 3) Sector 576
13 for the PS (Sub-area 4) Sector 576
14 for the PS (Sub-area 6) Sector 576
15 for the PS (Sub-area 7) Sector 576
(regulations 12.1 and 12.2)
1 | Blue eye trevalla | |
2 | Blue grenadier | |
3 | Blue warehou | |
4 | Flathead | |
5 | Gemfish | |
6 | Jackass morwong | |
7 | John Dory | |
8 | Ling | |
9 | Mirror dory | |
10 | Ocean perch | |
11 | Orange roughy | |
12 | Redfish | |
13 | Royal red prawn | |
14 | School whiting | |
15 | Silver trevally | |
16 | Spotted warehou |
1 | Blue eye trevalla | 16.9 cents | |
2 | Blue grenadier | 6.9 cents | |
3 | Blue warehou | 7.6 cents | |
4 | Flathead | 6.6 cents | |
5 | Jackass morwong | 4.6 cents | |
6 | John Dory | 12.2 cents | |
7 | Ling | 31.9 cents | |
8 | Mirror dory | 5.9 cents | |
9 | Ocean perch | 19.3 cents | |
10 | Redfish | 14.1 cents | |
11 | Royal red prawn | 3.8 cents | |
12 | School whiting | 1.5 cents | |
13 | Silver trevally | 2.0 cents | |
14 | Spotted warehou | 16.2 cents | |
1 | Gemfish — gemfish eastern sector | 4.0 cents |
2 | Gemfish — gemfish western sector | 8.9 cents |
3 | Orange roughy — orange roughy eastern sector | 2.3 cents |
4 | Orange roughy — orange roughy southern sector | 0.8 cents |
5 | Orange roughy — orange roughy western sector | 8.7 cents |
Note 1 The research component of each levy amount for a quota species is:cents
1 Blue eye trevalla 1.3
2 Blue grenadier 0.5
3 Blue warehou 0.6
4 Flathead 0.5
5 Jackass morwong 0.3
6 John Dory 0.9
7 Ling 2.4
8 Mirror dory 0.4
9 Ocean perch 1.4
10 Redfish 1.1
11 Royal red prawn 0.3
12 School whiting 0.1
13 Silver trevally 0.1
14 Spotted warehou 1.2
Note 2 The research component of each levy amount for a quota species in a species sector is:1 Gemfish — eastern sector 0.3
2 Gemfish — western sector 0.7
3 Orange roughy — eastern sector 0.2
4 Orange roughy — southern sector 0.1
5 Orange roughy — western sector 0.6
The
1998 No. 314 | 25 Nov 1998 | 25 Nov 1998 | |
1999 No. 59 | 16 Apr 1999 | 16 Apr 1999 | — |
1999 No. 96 | 10 June 1999 | 10 June 1999 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
Part 11 (rr. 11.1–11.3).......... | ad. 1999 No. 59 |
Rr. 11.1–-11.3........................ | ad. 1999 No. 59 |
Note before r. 12.1................ | rep. 1999 No. 59 |
R. 17........................................ | am. 1999 No. 96 |
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