Fishing Levy Regulations 1999 (Cth)

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Fishing Levy Regulations 1999

Statutory Rules 1999 No. 322 as amended

made under the

Fisheries Management Act 1991 and the Fishing Levy Act 1991

This compilation was prepared on 5 October 2000

taking into account amendments up to SR 2000 No. 271

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

Part 1Preliminary

Part 3Christmas Island and Cocos (Keeling) Islands Fishery

Part 4Coral Sea Fishery

Part 4AEast Coast Deepwater Zone Fishery

Part 5Eastern Tuna and Billfish Fishery

Part 6Great Australian Bight Trawl Fishery

Part 7Heard Island and McDonald Islands Fishery

Part 8Jack Mackerel Fishery

Part 9Macquarie Island Fishery

Part 10North West Slope Trawl Fishery

Part 11Northern Prawn Fishery

Part 12South East Non-trawl Fishery

Part 13South East Trawl Fishery

Part 14Southern Bluefin Tuna Fishery

Part 15Southern Shark Fishery

Part 16Southern Squid Fishery

Part 17Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

Part 18South Tasman Rise Fishery

Part 19Western Deep Water Trawl Fishery

Part 20Other fisheries

Part 1Preliminary

  1.1Name of Regulations [see Note 1]

 These Regulations are the Fishing Levy Regulations 1999.

1.2Commencement [see Note 1]

 These Regulations commence on gazettal.

1.3Fishing Levy Regulations 1998 – repeal

The following statutory rules are repealed:

1998 No. 314

1999 Nos. 59 and 96.

1.4Definitions
  • (1)

    In these Regulations:

    gemfish means fish of the species Rexea 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 of issue mentioned on the invoice issued by AFMA for the levy or instalment.

    Levy Act means the Fishing Levy Act 1991.

    Management Act means the Fisheries Management Act 1991.

    Management Regulations means the Fisheries Management Regulations 1992.

    orange roughy means fish of the species Hoplosthethus atlanticus.

  • (2)

    Unless the contrary intention appears, a word or expression that is used in these Regulations and in the Management Regulationshas the same meaning in these Regulations as it has in those Regulations.

1.5References to fisheries

 A reference in these Regulations to a named fishery that is described by that name in regulation 4B of the Management Regulations, or in a plan of management made under section 17 of the Management Act,is a reference to the fishery as described in those Regulations or that plan.

Note 1   The following fisheries are described in r 4B of the Management Regulations:

 (a) the Christmas Island and Cocos (Keeling) Islands Fishery;

  • (b)

    the Coral Sea Fishery;

  • (ba)

    the East Coast Deepwater Zone Fishery;

  • (c)

    the Eastern Tuna and Billfish Fishery;

  • (d)

    the Heard Island and McDonald Islands Fishery;

  • (e)

    the Jack Mackerel Fishery;

  • (f)

    the Macquarie Island Fishery;

  • (g)

    the North West Slope Trawl Fishery;

  • (h)

    the South East Non-trawl Fishery;

  • (i)

    the Southern Shark Fishery;

  • (j)

    the Southern Squid Fishery;

  • (k)

    the Southern Tuna and Billfish Fishery;

  • (l)

    the South Tasman Rise Fishery;

  • (m)

    the Western Deep Water Trawl Fishery;

  • (n)

    the Western Tuna and Billfish Fishery.

Note 2   The following fisheries are described in plans of management under s 17 of the Management Act:

 (a) the Great Australian Bight Trawl Fishery — see the Great Australian Bight Trawl Fishery Management Plan (notified in Gazette No. S205 of 2 July 1993);

  • (b)

    the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995 (notified in Gazette No. S49 of 10 February 1995);

  • (c)

    the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995);

  • (d)

    the South East Trawl Fishery — see the South East Trawl Fishery Management Plan 1998 (notified in Gazette No. S300 of 25 June 1998).

Part 3Christmas Island and Cocos (Keeling) Islands Fishery

  

Note   Part 2 has been reserved for future use.

3.1Definition

 In this Part:

CICKIF fishing permit means a fishing permit for the Christmas Island and Cocos (Keeling) Islands Fishery.

3.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a CICKIF fishing permit in force on 4 January 2000 is:

  • (a)

    for a permit to fish in sub-area 1 of the fishery — $1,096; and

  • (b)

    for a permit to fish using a pelagic method in sub-area 2

    or 4 of the fishery — $1,283; and

  • (c)

    for a permit to fish using a demersal method in sub-area 2 or 4 of the fishery — $1,280.50; and

  • (d)

    for a permit to fish in sub-area 3 of the fishery — $1,280.50.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $60.

3.3When levy must be paid

 For section 110 of the Management Act, levy for a CICKIF fishing permit must be paid on or before the later of:

  • (a)

    4 February 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 4Coral Sea Fishery

  4.1Definition

 In this Part:

CSF fishing permit means a fishing permit for the Coral Sea Fishery.

4.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a CSF fishing permit in force on 4 January 2000 is $1,560.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $60.

4.3When levy must be paid

 For section 110 of the Management Act, levy for a CSF fishing permit must be paid on or before the later of:

  • (a)

    4 February 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 4AEast Coast Deepwater Zone Fishery

  4A.1Definition

 In this Part:

ECDZF fishing permit means a fishing permit for the East Coast Deepwater Zone Fishery.

4A.2Amount of Levy

 For section 6 of the Levy Act, the amount of levy for an ECDZF fishing permit in force at any time between the commencement of this regulation and the end of 30 June 2000 is $2 844.13.

4A.3When levy must be paid

 For section 110 of the Management Act, levy for an ECDZF fishing permit must be paid on or before the later of:

  • (a)

    15 May 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 5Eastern Tuna and Billfish Fishery

  5.1Definitions

 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 Management Regulations.

5.2Amounts of levy
  • (1)

    For section 6 of the Levy Act, the amount of levy for an ETBF fishing permit in force on 16 December 1999 or 3 March 2000 is:

    • (a)

      if the permit authorises fishing in a single sector of the Fishery — the amount stated in column 3 of 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.

  • (2)

    However, the amount of levy for an ETBF fishing permit in force in the financial year beginning on 1 July 1999 is $549, 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 of by-catch as a consequence of the taking of southern bluefin tuna, in accordance with the methods and limits stated in the permit.

    Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $320.

5.3When levy must be paid
  • (1)

    For section 110 of the Management Act, the levy for an ETBF fishing permit in force on 16 December 1999 must be paid as 1 amount, or in 2 equal instalments, as follows:

    • (a)

      the whole amount, or the first instalment, must be paid on or before the later of:

      • (i)

        14 January 2000; and

      • (ii)

        28 days after the invoice date for the instalment;

    • (b)

      the second instalment (if any) must be paid on or before the later of:

      • (i)

        31 March 2000; and

      • (ii)

        28 days after the invoice date for the instalment.

  • (2)

    For section 110 of the Management Act, levy for an ETBF fishing permit in force on 3 March 2000, but not in force on 16 December 1999, must be paid on or before the later of:

    • (a)

      31 March 2000; and

    • (b)

      28 days after the invoice date for the levy.

Part 6Great Australian Bight Trawl Fishery

  6.1Definition

 In this Part:

GABTF fishing rightmeans a statutory fishing right within the meaning of the Great Australian Bight Trawl Fishery Management Plan, as in force from time to time.

6.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a GABTF fishing right in force on 4 January 2000 is $14,160.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $1,493.

6.3When levy must be paid

 For section 110 of the Management Act, levy for a GABTF fishing right must be paid on or before the later of:

  • (a)

    4 February 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 7Heard Island and McDonald Islands Fishery

  7.1Definition

 In this Part:

HIMI fishing permit means a fishing permit for the Heard Island and McDonald Islands Fishery.

7.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a HIMI fishing permit in force on 29 January 2000 is $90,553.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $22,775.

7.3When levy must be paid

 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 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 8Jack Mackerel Fishery

  8.1Definition

 In this Part:

JMF fishing permitmeans a fishing permit for the Jack Mackerel Fishery.

8.2Amount of levy
  • (1)

    For section 6 of the Levy Act, the amount of levy for a JMF fishing permit in force on 3 April 2000 is $1,203.

    Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $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 permitted the 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.

8.3When levy must be paid

For section 110 of the Management Act, levy for a JMF fishing permit must be paid on or before the later of:

  • (a)

    1 May 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 9Macquarie Island Fishery

  9.1Definition

In this Part:

MIF fishing permitmeans a fishing permit for the Macquarie Island Fishery.

9.2Amount of levy

 For section 6 of the Levy Act, no levy is payable for an MIF fishing permit.

Part 10North West Slope Trawl Fishery

  10.1Definition

In this Part:

NWSTF fishing permitmeans a fishing permit for the North West Slope Trawl Fishery.

10.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an NWSTF fishing permit in force on 4 February 2000 is $4,069.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $176.

10.3When levy must be paid

 For section 110 of the Management Act, levy for an NWSTF fishing permit must be paid on or before the later of:

  • (a)

    3 March 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 11Northern Prawn Fishery

  11.1Definition

 In this Part:

NPF fishing right means a Class A statutory fishing right within the meaning of the Northern Prawn Fishery Management Plan 1995, as in force from time to time.

11.2Amounts of levy

 For section 6 of the Levy Act, the amount of levy for an NPF fishing right in force on 26 November 1999 is $56.09.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $5.19.

11.3When levy must be paid

For section 110 of the Management Act, levy for an NPF fishing right must be paid on or before the later of:

  • (a)

    23 December 1999; and

  • (b)

    28 days after the invoice date for the levy.

Part 12South East Non-trawl Fishery

  12.1Definition

 In this Part:

SENTF fishing permit means a fishing permit for the South East Non-trawl Fishery.

12.2Amounts of levy
  • (1)

    For section 6 of the Levy Act, the amount of levy for an SENTF fishing permit in force on or before 30 June 2000 that allows the holder to fish for any species is the total of the following amounts:

    • (a)

      $937;

    • (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 41 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 26.9 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 4.7 cents.

    Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $67.

  • (2)

    For section 6 of the Levy Act, the amount of levy for an SENTF fishing permit in force on or before 30 June 2000 that allows the holder to fish only for quota species is the total of the following amounts:

    • (a)

      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 45.9 cents;

    • (b)

      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 26.1 cents;

    • (c)

      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 0.02 cents.

12.3When levy must be paid
  • (1)

    For section 110 of the Management Act, the levy for an SENTF fishing permit granted before 14 April 2000 must be paid in 2 equal instalments as follows:

    • (a)

      the first instalment must be paid on or before the later of:

      • (i)

        28 January 2000; and

      • (ii)

        28 days after the invoice date for the instalment;

    • (b)

      the second instalment must be paid on or before the later of:

      • (i)

        15 May 2000; and

      • (ii)

        28 days after the invoice date for the instalment.

  • (2)

    For section 110 of the Management Act, the levy for an SENTF fishing permit granted on or after 14 April 2000 must be paid on or before the later of:

    • (a)

      15 May 2000; and

    • (b)

      28 days after the invoice date for the levy.

Part 13South East Trawl Fishery

  13.1Definitions

In this Part:

quota species means a species of fish mentioned in Part 1 of Schedule 2.

SETF fishing permitmeans a fishing permit for the South East Trawl Fishery.

13.2Amounts of levy

 For section 6 of the Levy Act, the amount of levy for an SETF fishing permit in force on or before 30 June 2000 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.

13.3When levy must be paid
  • (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 2000 — in accordance with subregulation (2); and

    • (b)

      if the permit is granted on or after 14 April 2000 — on or before the later of:

      • (i)

        15 May 2000; and

      • (ii)

        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 2000; and

      • (ii)

        28 days after the invoice date for the instalment; and

    • (b)

      the remainder must be paid on or before the later of:

      • (i)

        15 May 2000; and

      • (ii)

        28 days after the invoice date for the instalment.

Part 14Southern Bluefin Tuna Fishery

  14.1Definition

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.

14.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SBTF fishing right in force on 1 December 1999 is 18.36 cents.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be 2.17 cents.

14.3When levy must be paid

  For section 110 of the Management Act, levy for an SBTF fishing right must be paid in 3 equal instalments as follows:

  • (a)

    the first instalment must be paid on or before the later of:

    • (i)

      15 January 2000; and

    • (ii)

      28 days after the invoice date for the instalment;

  • (b)

    the second instalment must be paid on or before the later of:

    • (i)

      13 March 2000; and

    • (ii)

      28 days after the invoice date for the instalment;

  • (c)

    the third instalment must be paid on or before the later of:

    • (i)

      3 May 2000; and

    • (ii)

      28 days after the invoice date for the instalment.

Part 15Southern Shark Fishery

  15.1Definition

In this Part:

SSF fishing permit means a fishing permit for the Southern Shark Fishery.

15.2Amounts of levy
  • (1)

    For section 6 of the Levy Act, the amount of levy for an SSF fishing permit in force in the financial year ending on 30 June 2000 is as set out in this regulation.

  • (2)

    The amount of levy is:

    • (a)

      if the permit authorises fishing by the use of a gillnet — $864 for each net unit specified in the permit; and

    • (b)

      if the permit authorises fishing by the use of up to 1000 hooks — $617; and

    • (c)

      if the permit authorises fishing by the use of more than 1000 hooks but not more than 2000 hooks — $1,234.

    Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be:

     (a) for a permit that authorises fishing by the use of a gillnet — $44.20 for each net unit specified in the permit; and

    • (b)

      for a permit that authorises fishing by the use of up to 1000 hooks — $31.56; and

    • (c)

      for a permit that authorises fishing by the use of more than 1000 hooks but not more than 2000 hooks — $63.12.

  • (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.

15.3When levy must be paid
  • (1)

    For section 110 of the Management Act, the levy for an SSF fishing permit under subregulation 15.2 (2) must be paid on or before the later of:

    • (a)

      28 April 2000; and

    • (b)

      28 days after the invoice date for the levy.

    (2) For section 110 of the Management Act, the levy for an SSF fishing permit under subregulation 15.2 (3) must be paid within 28 days after the invoice date for the levy.

  • (3)

    However, if the holder of an SSF fishing permit surrenders the permit before payment of the levy for the permit would otherwise have been required under subregulation (1) or (2), the levy must be paid immediately before the holder surrenders the permit.

15.4Refund or remission of levy
  • (1)

    Subregulation (2) applies to an SSF fishing permit for which an amount of levy mentioned in subregulation 15.2 (2) must be paid.

  • (2)

    If the holder surrenders the permit, AFMA must:

    • (a)

      if the holder has paid levy for the permit — refund the proportion of the levy that is equivalent to the proportion of the financial year ending on 30 June 2000 that is after the day when the holder surrenders the permit; or

    • (b)

      if the holder has not paid levy for the permit — remit the proportion of the levy that is equivalent to the proportion of the financial year ending on 30 June 2000 that is after the day when the holder surrenders the permit.

  • (3)

    Subregulation (4) applies to an SSF fishing permit for which an amount of levy mentioned in subregulation 15.2 (3) must be paid.

  • (4)

    If the holder surrenders the permit after paying levy for the permit, AFMA must refund any amount of levy paid for a month beginning after the holder surrenders the permit.

Part 16Southern Squid Fishery

  16.1Definition

 In this Part:

SQDF fishing permitmeans a fishing permit for the Southern Squid Fishery.

16.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SQDF fishing permit in force on 17 December 1999 is $900.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $60.

16.3When levy must be paid

 For section 110 of the Management Act, levy for an SQDF fishing permit must be paid on or before the later of:

  • (a)

    14 January 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 17Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

  17.1Definitions

In this Part:

STBF fishing permitmeans a fishing permit for the Southern Tuna and Billfish Fishery.

SWTBF fishing permitmeans a fishing permit for the Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery.

WTBF fishing permitmeans a fishing permit for the Western Tuna and Billfish Fishery.

17.2Amounts of levy

 (1) For section 6 of the Levy Act, the amount of levy for an STBF fishing permit, SWTBF fishing permit or WTBF fishing permit in force on 25 January 2000 is:

  • (a)

    if the permit authorises the use of a purse-seine fishing method — $2,488; and

  • (b)

    if the permit authorises the use of a pelagic longline fishing method — $1,815; and

  • (c)

    if the permit authorises the use of any other line fishing method — $1,278; 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 fishing permit, SWTBF fishing permit or WTBF fishing permit is $412, 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 of by-catch as a consequence of the taking of southern bluefin tuna, in accordance with the methods and limits stated in the permit.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $118.

17.3When levy must be paid

For section 110 of the Management Act, levy for an STBF fishing permit, SWTBF fishing permit or WTBF fishing permit must be paid on or before the later of:

  • (a)

    22 February 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 18South Tasman Rise Fishery

  18.1Definition

 In this Part:

STR fishing permit means a fishing permit for the South Tasman Rise Fishery.

18.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an STR fishing permit in force at the commencement of this regulation is $3 000.

18.3When levy must be paid

  For section 110 of the Management Act, levy for an STR fishing permit must be paid on or before the later of:

  • (a)

    10 November 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 19Western Deep Water Trawl Fishery

  19.1Definition

In this Part:

WDWTF fishing permitmeans a fishing permit for the Western Deep Water Trawl Fishery.

19.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a WDWTF fishing permit in force on 4 January 2000 is $2,640.

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be $40.

19.3When levy must be paid

 For section 110 of the Management Act, levy for a WDWTF fishing permit must be paid on or before the later of:

  • (a)

    4 February 2000; and

  • (b)

    28 days after the invoice date for the levy.

Part 20Other fisheries

  20.1Definitions

 In this Part:

fishing permitmeans 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 Management Regulations.

20.2Amounts of levy

 (1) For section 6 of the Levy Act, the amount of levy for a fishing permit in force in the financial year beginning on 1 July 1999 is $700.

(2)

However, for section 6 of the Levy Act, no levy is payable for a fishing permit expressed to be for the Victorian Inshore Trawl Fishery.

(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 only authorises testing of fishing equipment.

20.3When levy must be paid

 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 permit 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.

Schedule 1 Eastern Tuna and Billfish Fisheryamounts of levy  

(subregulation 5.2 (1))

Column 1

Item

Column 2

Sector

Column 3

Amount ($)

1

ML Sector

1,421

2

PL Sector

1,421

3

PLL (Sub-area 1) Sector

5,894

4

PLL (Sub-area 2) Sector

5,284

5

PLL (Sub-area 4) Sector

2,946

6

PLL (Sub-area 5) Sector

2,815

7

PLL (Sub-area 6) Sector

2,815

8

PLL (Sub-area 7) Sector

2,815

9

PLL (Sub-area 8) Sector

2,815

10

PLL (Sub-area 9) Sector

1,804

11

PLL (Sub-area 10) Sector

549

12

PS (Sub-area 3) Sector

7,362

13

PS (Sub-area 4) Sector

4,515

14

PS (Sub-area 6) Sector

5,634

15

PS (Sub-area 7) Sector

3,906

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be as follows:

Item

Sector

Amount ($)

1

for the ML Sector

320

2

for the PL Sector

320

3

for the PLL (Sub-area 1) Sector

320

4

for the PLL (Sub-area 2) Sector

320

5

for the PLL (Sub-area 4) Sector

320

6

for the PLL (Sub-area 5) Sector

320

7

for the PLL (Sub-area 6) Sector

320

8

for the PLL (Sub-area 7) Sector

320

9

for the PLL (Sub-area 8) Sector

320

10

for the PLL (Sub-area 9) Sector

0

11

for the PLL (Sub-area 10) Sector

320

12

for the PS (Sub-area 3) Sector

658

13

for the PS (Sub-area 4) Sector

658

14

for the PS (Sub-area 6) Sector

658

15

for the PS (Sub-area 7) Sector

658

Schedule 2 South East Trawl Fisheryamounts of levy

(regulations 13.1 and 13.2)

Part1Quota species

Column 1

Item

Column 2

Common name

Column 3

Scientific name

1

Blue eye trevalla

Hyperoglyphe antarctica

2

Blue grenadier

Macruronus novaezelandiae

3

Blue warehou

Seriolella brama

4

Flathead

Neoplatycephalus aurimaculatus

Neoplatycephalus richardsoni

Platycephalus bassensis

Platycephalus caeruleopunctatus

Platycephalus speculator

5

Gemfish

Rexea solandri

6

Jackass morwong

Nemadactylus macropterus

7

John Dory

Zeus faber

8

Ling

Genypterus blacodes

9

Mirror dory

Zenopsis nebulosus

10

Ocean perch

Helicolenus species

11

Orange roughy

Hoplostethus atlanticus

12

Redfish

Centroberyx affinis

13

Royal red prawn

Haliporoides sibogae

14

School whiting

Sillago flindersi

15

Silver trevally

Pseudocaranx dentex

16

Spotted warehou

Seriolella punctata

Part 2 Amounts of levyquota species (except gemfish and orange roughy)

Column 1

Item

Column 2

Species

Column 3

Amount for each quota

unit mentioned in

the fishing permit

1

Blue eye trevalla

21.3 cents

2

Blue grenadier

8.4 cents

3

Blue warehou

5.5 cents

4

Flathead

9.0 cents

5

Jackass morwong

4.5 cents

6

John Dory

13.2 cents

7

Ling

31.0 cents

8

Mirror dory

4.9 cents

9

Ocean perch

12.9 cents

10

Redfish

13.0 cents

11

Royal red prawn

11.6 cents

12

School whiting

1.8 cents

13

Silver trevally

1.3 cents

14

Spotted warehou

12.4 cents

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be as follows:

Item

Sector

Amount (cents)

1

Blue eye trevalla

1.7

2

Blue grenadier

0.7

3

Blue warehou

0.4

4

Flathead

0.7

5

Jackass morwong

0.4

6

John Dory

1.1

7

Ling

2.5

8

Mirror dory

0.4

9

Ocean perch

1.0

10

Redfish

1.0

11

Royal red prawn

0.9

12

School whiting

0.1

13

Silver trevally

0.1

14

Spotted warehou

1.0

Part 3 Amounts of levygemfish and orange roughy in species sectors

Column 1

Item

Column 2

Species and species sector

Column 3

Amount for each quota unit mentioned in

the fishing permit

1

Gemfish — gemfish eastern sector

4.0 cents

2

Gemfish — gemfish western sector

7.9 cents

3

Orange roughy — orange roughy eastern sector

2.7 cents

4

Orange roughy — orange roughy southern sector

0.9 cents

5

Orange roughy — orange roughy western sector

8.4 cents

Note   The proportion of this levy that is the research component of the levy will be specified in the Fisheries Research and Development Corporation Regulations. It is intended that the amount of the research component will be as follows:

Item

Sector

Amount (cents)

1

Gemfish — eastern sector

0.3

2

Gemfish — western sector

0.6

3

Orange roughy — eastern sector

0.2

4

Orange roughy — southern sector

0.1

5

Orange roughy — western sector

0.7

Notes to the Fishing Levy Regulations 1999

Note 1

The Fishing Levy Regulations 1999 (in force under the Fisheries Management Act 1991 and the Fishing Levy Act 1991) as shown in this compilation comprise Statutory Rules 1999 No. 322 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1999 No. 322

16 Dec 1999

16 Dec 1999

2000 No. 57

28 Apr 2000

28 Apr 2000

2000 No. 58

28 Apr 2000

28 Apr 2000

2000 No. 271

5 Oct 2000

5 Oct 2000

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Note 1 to r. 1.5.......................

am. 2000 No. 57

Part 4A....................................

(rr. 4A.1–4A.3)

ad. 2000 No. 57

Rr. 4A.1–4A.3........................

ad. 2000 No. 57

Rr. 15.2, 15.3.........................

am. 2000 No. 58

R. 15.4....................................

rs. 2000 No. 58

Rr. 18.1–18.3.........................

rs. 2000 No. 271

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