Fishing Levy Regulations 2000 (Cth)
made under the
This compilation was prepared on 23 February 2001
taking into account amendments up to SR 2001 No. 23
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
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Part 3 Christmas Island and Cocos (Keeling) Islands Fishery
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Part 11 Norfolk Island Offshore Demersal Finfish Fishery
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Part 19 Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery
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These Regulations are the
Fishing Levy Regulations 2000 .
These Regulations commence on gazettal.
The following Statutory Rules are repealed:
· 1999 No. 322
· 2000 Nos. 57, 58 and 271.
(1) In these Regulations:
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 of issue mentioned on the invoice issued by AFMA for the levy or instalment.Levy Act means theFishing Levy Act 1991 .Management Act means theFisheries Management Act 1991 .Management Regulations means theFisheries Management Regulations 1992 .orange roughy means fish of the speciesHoplostethus 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.
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 regulation 4B of the Management Regulations:(a) the Bass Strait Scallop Fishery;
(b) the Christmas Island and Cocos (Keeling) Islands Fishery;
(c) the Coral Sea Fishery;
(d) the East Coast Deepwater Zone Fishery;
(e) the Eastern Tuna and Billfish Fishery;
(f) the Heard Island and McDonald Islands Fishery;
(g) the Jack Mackerel Fishery;
(h) the Macquarie Island Fishery;
(i) the Norfolk Island Offshore Demersal Finfish Fishery;
(j) the North West Slope Trawl Fishery;
(k) the South East Non-trawl Fishery;
(l) the Southern Shark Fishery;
(m) the Southern Squid Fishery;
(n) the Southern Tuna and Billfish Fishery;
(o) the South Tasman Rise Fishery;
(p) the Victorian Inshore Trawl Fishery;
(q) the Western Deep Water Trawl Fishery;
(r) the Western Tuna and Billfish Fishery.
Note 2 The following fisheries are described in plans of management under section 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 ;(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).
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 on 1 March 2001 is $1 525.
Note The proportion of this levy that is the research component of the levy will be specified in theFisheries Research and Development Corporation Regulations 1991 . It is intended that the amount of the research component will be $60.
For section 110 of the Management Act, levy for a BSSF fishing permit must be paid on or before the later of:
(a) 28 March 2001; and
(b) 28 days after the invoice date for the levy.
Part 3 Christmas Island and Cocos (Keeling) Islands Fishery
In this Part:
CICKIF fishing permit means a fishing permit for the Christmas Island and Cocos (Keeling) Islands Fishery.
(1)For section 6 of the Levy Act, the levy for a CICKIF fishing permit is the amount mentioned in subregulation (2) for each of the following days on which the permit is in force:
(a) 25 January 2001;
(b) any subsequent 25 January.
(2) The amount of levy is:
(a) for a permit to fish using a pelagic longline method in sub‑area 1 of the fishery — $1 938; and
(b) for a permit to fish using a pelagic longline method in sub‑area 2 or 4 of the fishery — $5 593; and
(c) for a permit to fish using a hand fishing method in sub‑area 3 of the fishery — $1 342; and
(d) for a permit to fish using a trawl method in sub-area 2 or 4 of the fishery — $17 100.
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.
For section 110 of the Management Act, the levy for a day mentioned in subregulation 3.2 (1) must be paid on or before the later of:
(a) the 22 February after that day; 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 on 1 March 2001 is $1 560.
For section 110 of the Management Act, the levy must be paid on or before the later of:
(a) 28 March 2001; and
(b) 28 days after the invoice date for the levy.
In this Part:
ECDZF fishing permit means a fishing permit for the East Coast Deepwater Zone Fishery.
For section 6 of the Levy Act, the amount of levy for an ECDZF fishing permit is $2 943for each of the following days on which the permit is in force:
(a) 1 January 2001;
(b) any subsequent 1 January.
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.
For section 110 of the Management Act, the levy for a day mentioned in regulation 5.2 must be paid on or before the later of:
(a) the 28 January after that day; 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 Management Regulations.
For section 6 of the Levy Act, the amount of levy for an ETBF fishing permit in force on 16 December 2000 or 3 March 2001 is:
(a) if the permit authorises fishing in a single sector of the Fishery — the amount stated 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 Schedule 1 for the sectors.
(1) For section 110 of the Management Act, the levy for an ETBF fishing permit in force on 16 December 2000 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 2001; 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 2001; 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 2001, but not in force on 16 December 2000, must be paid on or before the later of:
(a) 31 March 2001; and
(b) 28 days after the invoice date for the levy.
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 is $11 528 for each of the following days on which the fishing right is in force:
(a) 1 February 2001;
(b) any subsequent 1 February.
For section 110 of the Management Act, the levy for a day mentioned in regulation 7.2 must be paid on or before the later of:
(a) the 1 March after that day; 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 on 18 December 2000 is $154 263.
For section 110 of the Management Act, the levy must be paid on or before the later of:
(a) 15 January 2001; 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 on or after 1 March 2001 and on or before 28 February 2002 is $1 312.
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) For subregulation (2), 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, the levy must be paid on or before the later of:
(a) 30 April 2001; and
(b) 28 days after the invoice date for the levy.
In this Part:
MIF fishing permit means a fishing permit for the Macquarie Island Fishery.
For section 6 of the Levy Act, the amount of levy for a MIF fishing permit in force on 1 February 2001 is $158 412.
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 $2 203.
For section 110 of the Management Act, the levy must be paid on or before the later of:
(a) 1 March 2001; and
(b) 28 days after the invoice date for the levy.
In this Part:
NIODFF fishing permit means a fishing permit for the Norfolk Island Offshore Demersal Finfish Fishery.
For section 6 of the Levy Act, the amount of levy for a NIODFF fishing permit in force on or after 1 January 2001 and on or before 30 June 2001 is $3 455.
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.
For section 110 of the Management Act, the levy must be paid on or before the later of:
(a) 29 March 2001; and
(b) 28 days after the invoice date for the levy.
In this Part:
NPF fishing right means a gear statutory fishing right within the meaning of theNorthern Prawn Fishery Management Plan 1995 , as in force from time to time.
For section 6 of the Levy Act, the amount of levy for a NPF fishing right is $24.79 for each of the following days on which the fishing right is in force:
(a) 14 December 2000;
(b) any subsequent 14 December.
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 $5.23.
For section 110 of the Management Act, the levy for a day mentioned in regulation 12.2 must be paid on or before the later of:
(a) the 11 January after that day; 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 a NWSTF fishing permit is $3 980.28 for each of the following days on which the permit is in force:
(a) 1 February 2001;
(b) any subsequent 1 February.
For section 110 of the Management Act, the levy for a day mentioned in regulation 13.2 must be paid on or before the later of:
(a) the 1 March after that day; and
(b) 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.
(1) For section 6 of the Levy Act, the levy for a SENTF fishing permit that allows the holder to fish for any species is the amount mentioned in subregulation (2) for each of the following periods in which on any day the permit is in force:
(a) the beginning of 1 January 2001 to the end of 30 June 2001;
(b) the beginning of 1 January in any subsequent year to the end of 30 June in that year.
(2) The amount is the total of the following amounts:
(a) $736;
(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 36.7 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 22.4 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 2.2 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 $75.(3) For section 6 of the Levy Act, the amount of levy for a SENTF fishing permit that allows the holder to fish only for quota species is the amount mentioned in subregulation (4) for each of the following periods in which on any day the permit is in force:
(a) the beginning of 1 January 2001 to the end of 30 June 2001;
(b) the beginning of 1 January in any subsequent year to the end of 30 June in that year.
(4) The amount 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 36.7 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 22.4 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 2.2 cents.
(1) For section 110 of the Management Act, the levy for a period mentioned in subregulation 14.2 (1) or (3) for a SENTF fishing permit granted on or after 1 January and before 14 April in the period 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 in the period; 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 in the period; and
(ii) 28 days after the invoice date for the instalment.
(2) For section 110 of the Management Act, the levy for a period mentioned in subregulation 14.2 (1) or (3) for a SENTF fishing permit granted on or after 14 April and on or before 30 June in the period must be paid on or before the later of:
(a) 15 May in the period; and
(b) 28 days after the invoice date for the levy.
In this Part:
non-sector species means a species of fish mentioned in Part 1 of Schedule 2.
sector species means any of the following species:
(a) gemfish (
Rexea solandri );(b) orange roughy (
Hoplostethus atlanticus ).
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 a SETF fishing permit in force on or after 1 January 2001 and on or before 30 June 2001 is the total of:
(a) for each non-sector species to which the permit relates —the total of the amounts calculated by multiplying the number of kilograms of the species mentioned in the permit when it is granted by the amount mentioned in Part 2 of Schedule 2 for the species; and
(b) for each sector species to which the permit relates —the total of the amounts calculated by multiplying the number of kilograms of the species mentioned in the permit for a sector when the permit is granted by the amount mentioned in Part 3 of Schedule 2 for the species and sector.
(1) For section 110 of the Management Act, the levy for a SETF fishing permit must be paid:
(a) if the permit is granted before 14 April 2001 — in accordance with subregulation (2); and
(b) if the permit is granted on or after 14 April 2001 — on or before the later of:
(i) 15 May 2001; 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 2001; 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 2001; and
(ii) 28 days after the invoice date for the instalment.
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.
For section 6 of the Levy Act, the amount of levy for a SBTF fishing right is 16.02 cents for each of the following days on which the fishing right is in force:
(a) 18 December 2000;
(b) any subsequent 18 December.
For section 110 of the Management Act, the levy for a day mentioned in regulation 16.2 must be paid in 2 equal instalments as follows:
(a) the first instalment must be paid on or before the later of:
(i) the 15 January after that day; 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) the 3 May after that day; and
(ii) 28 days after the invoice date for the instalment.
In this Part:
quota species means any of the following species:
(a) school shark (
Galeorhinus galeus );(b) gummy shark (
Mustelus antarcticus ).
SSF fishing permit means a fishing permit for the Southern Shark Fishery.
For section 6 of the Levy Act, the amount of levy for an SSF fishing permit in force on or after
1 January 2001 and on or before 31 December 2001 is the total of:
(a) $400; and
(b) 31 cents for each quota unit specified in an Attachment to the permit in relation to a quota species.
Note The proportion of this levy that is the research component of the levy will be specified in theFisheries Research and Development Corporation Regulations 1991 . It is intended that the amount of the research component will be 0.014 cents for each quota unit.
For section 110 of the Management Act, levy for an SSF fishing permit must be paid on or before the later of:
(a) 31 March 2001; and
(b) 28 days after the invoice date for the levy.
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 a SQDF fishing permit in force on 19 January 2001 is $974.
For section 110 of the Management Act, levy for a SQDF fishing permit must be paid on or before the later of:
(a) 19 February 2001; 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 levy for a STBF fishing permit, SWTBF fishing permit or WTBF fishing permit is the amount mentioned in subregulation (2) for each of the following days on which the permit is in force:
(a) 25 January 2001;
(b) any subsequent 25 January.
(2) The amount is:
(a) if the permit authorises the use of a purse-seine fishing method — $4 125; and
(b) if the permit authorises the use of a pelagic longline fishing method — $4 159; and
(c) if the permit authorises the use of any other line fishing method — $2 118; and
(d) if the permit authorises the use of a purse-seine fishing method and a pelagic longline fishing method — $5 608; and
(e) if the permit authorises the use of more than 1 fishing method in a fishery (except as mentioned in paragraph (d)) — the greater or greatest of the amounts applicable to the permit under paragraphs (a), (b) and (c).
For section 110 of the Management Act, the levy for a day mentioned in subregulation 19.2 (1) must be paid on or before the later of:
(a) the 22 February after that day; and
(b) 28 days after the invoice date for the levy.
In this Part:
For section 6 of the Levy Act, the amount of levy for a STR fishing permit in force on 1 March 2001 is $6 190.
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 $706.
For section 110 of the Management Act, the levy must be paid on or before the later of:
(a) 28 March 2001; and
(b) 28 days after the invoice date for the levy.
In this Part:
VITF fishing permit means a fishing permit for the Victorian Inshore Trawl Fishery.
For section 6 of the Levy Act, the amount of levy for a VITF fishing permit in force on 1 March 2001 is $1 137.
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.
For section 110 of the Management Act, the levy must be paid on or before the later of:
(a) 28 March 2001; and
(b) 28 days after 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 $2 557.81 for each of the following days on which the permit is in force:
(a) 1 January 2001;
(b) any subsequent 1 January.
For section 110 of the Management Act, the levy for a day mentioned in regulation 22.2 must be paid on or before the later of:
(a) the 1 February after that day; 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 Management Regulations.
(1) For section 6 of the Levy Act, the amount of levy for a fishing permit is $1 000 for each of the following days:
(a) if the permit is granted after the commencement of these Regulations — the day on which the permit is granted;
(b) each anniversary of the grant of the permit after the commencement of these Regulations on which the permit is in force.
(2) However if use of a particular boat is authorised under 2 or more fishing permits, none of which is for the same informally managed fishery as another, subregulation (1) only applies to one of those permits.
(3) Subregulation (1) does not apply to a fishing permit if the permit only authorises testing of fishing equipment.
For section 110 of the Management Act, the levy for a fishing permit for a day mention in subregulation 23.2 (1) must be paid:
(a) if the fishing permit is granted on the day — on that day; and
(b) in any other case — on or before the later of:
(i) the day; and
(ii) 28 days after the invoice date for the levy.
(regulation 6.2)
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Schedule 2 South East Trawl Fishery — amounts of levy (regulations 15.1 and 15.2)
1 | Blue eye trevalla | |
2 | Blue grenadier | |
3 | Blue warehou | |
4 | Flathead | |
5 | Jackass morwong | |
6 | John Dory | |
7 | Ling | |
8 | Mirror dory | |
9 | Ocean perch | |
10 | Redfish | |
11 | Royal red prawn | |
12 | School whiting | |
13 | Silver trevally | |
14 | Spotted warehou |
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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:
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The
2000 No. 336 | 14 Dec 2000 | 14 Dec 2000 | |
2001 No. 23 | 23 Feb 2001 | 23 Feb 2001 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
| ad. 2001 No. 23 |
Rr. 2.1–2.3.............................. | ad. 2001 No. 23 |
Note following Heading to ... Part 3 | rep. 2001 No. 23 |
R. 3.2....................................... | am. 2001 No. 23 |
| ad. 2001 No. 23 |
R. 17.1–17.3.......................... | ad. 2001 No. 23 |
Note following Heading to.... Part 18 | rep. 2001 No. 23 |
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