Fishing Levy Regulations 2001 (Cth)

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Fishing Levy Regulations 2001

Statutory Rules 2001 No. 333 as amended

made under the

Fisheries Management Act 1991 and the Fishing Levy Act 1991

This compilation was prepared on 11 October 2002

taking into account amendments up to SR 2002 No. 238

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

Part 1Preliminary

  1. •
  2. •
  3. •
  4. •
  5. •

Part 1ABass Strait Scallop Fishery

  1. •
  2. •
  3. •

Part 2Christmas Island and Cocos (Keeling) Islands Fishery

  1. •
  2. •
  3. •

Part 3Coral Sea Fishery

  1. •
  2. •
  3. •

Part 4East Coast Deepwater Zone Fishery

  1. •
  2. •
  3. •

Part 5Eastern Tuna and Billfish Fishery

  1. •
  2. •
  3. •

Part 6Great Australian Bight Trawl Fishery

  1. •
  2. •
  3. •

Part 7Heard Island and McDonald Islands Fishery

  1. •
  2. •
  3. •

Part 8Small Pelagic Fishery

  1. •
  2. •
  3. •

Part 9Macquarie Island Fishery

  1. •
  2. •
  3. •

Part 10Norfolk Island Offshore Demersal Finfish Fishery

  1. •
  2. •
  3. •

Part 11Northern Prawn Fishery

  1. •
  2. •
  3. •

Part 12North West Slope Trawl Fishery

  1. •
  2. •
  3. •

Part 13South East Non-trawl Fishery

  1. •
  2. •
  3. •

Part 14South East Trawl Fishery

  1. •
  2. •
  3. •

Part 15Southern Bluefin Tuna Fishery

  1. •
  2. •
  3. •

Part 16Southern Shark Fishery

  1. •
  2. •
  3. •

Part 17Southern Squid Fishery

  1. •
  2. •
  3. •

Part 18Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

  1. •
  2. •
  3. •

Part 19South Tasman Rise Fishery

  1. •
  2. •
  3. •

Part 20Victorian Inshore Trawl Fishery

  1. •
  2. •
  3. •

Part 21Western Deep Water Trawl Fishery

  1. •
  2. •
  3. •

Part 22Informally managed fisheries

  1. •
  2. •
  3. •

Part 1Preliminary

  1.1Name of Regulations [see Note 1]

These Regulations are the Fishing Levy Regulations 2001.

1.2Commencement [see Note 1]

These Regulations commence on gazettal.

1.3Fishing Levy Regulations 2000 – repeal

The following Statutory Rules are repealed:

· 2000 No. 336

· 2001 No. 23.

1.4Definitions
  1. (1)

    In these Regulations:

    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.

    informally managed fishery means a commercial fishing activity that is managed under the Management Act by AFMA but that is not:

    1. (a)

      a fishing activity to which a management plan applies; or

    2. (b)

      a fishing activity referred to in regulation 4B of the Management Regulations.

    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.

  2. (2)

    Unless the contrary intention appears, a word or expression that is used in these Regulations and in the Management Regulations has 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 regulation 4B of the Management Regulations:

(aa) the Bass Strait Scallop Fishery;

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

(b) the Coral Sea Fishery;

(c) the East Coast Deepwater Zone Fishery;

(d) the Eastern Tuna and Billfish Fishery;

(e) the Heard Island and McDonald Islands Fishery;

(f) the Small Pelagic Fishery;

(g) the Macquarie Island Fishery;

(h) the Norfolk Island Offshore Demersal Finfish Fishery;

(i) the North West Slope Trawl Fishery;

(j) the South East Non-trawl Fishery;

(k) the Southern Shark Fishery;

(l) the Southern Squid Fishery;

(m) the Southern Tuna and Billfish Fishery;

(n) the South Tasman Rise Fishery;

(o) the Victorian Inshore Trawl Fishery;

(p) the Western Deep Water Trawl Fishery;

(q) 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).

Part 1ABass Strait Scallop Fishery

1A.1Definition

In this Part:

BSSF fishing permit means a fishing permit for the Bass Strait Scallop Fishery.

1A.2Amount of levy

For section 6 of the Levy Act, for a BSSF fishing permit that is in force on or after 1 June 2002 and on or before 30 April 2003, the amount of levy is $1 607.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

1A.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 1A.2 must be paid on or before the later of:

  1. (a)

    29 June 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 2Christmas Island and Cocos (Keeling) Islands Fishery

  2.1Definition

In this Part:

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

2.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a CICKIF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is:

    1. (a)

      for a permit to fish using a pelagic longline method in sub‑area 1 of the fishery — $1 971; and

    2. (b)

      for a permit to fish using a pelagic longline method in sub‑area 2 or 4 of the fishery — $5 625; and

    3. (c)

      for a permit to fish using a hand fishing method in sub‑area 3 of the fishery — $3 320; and

    4. (d)

      for a permit to fish using a trawl method in sub‑area 2 or 4 of the fishery — $48 058.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

2.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 2.2 must be paid on or before the later of:

  1. (a)

    30 April 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 3Coral Sea Fishery

  3.1Definition

In this Part:

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

3.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a CSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is the total of:

    1. (a)

      $1 229.20; and

    2. (b)

      if the permit authorises the taking of aquarium fish species — $331; and

    3. (c)

      if the permit authorises the taking of lobster or trochus — $468.15; and

    4. (d)

      if the permit authorises the use of a line fishing method — $988.90; and

    5. (e)

      if the permit authorises the use of a trawl fishing method — $904.85; and

    6. (f)

      if the permit authorises the taking of beche-de-mer — $2 146.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

3.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 3.2 must be paid on or before the later of:

  1. (a)

    29 March 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 4East Coast Deepwater Zone Fishery

  4.1Definition

In this Part:

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

4.2Amount of levy

For section 6 of the Levy Act, for an ECDZF fishing permit that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is $2 859.11.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

4.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 4.2 must be paid on or before the later of:

  1. (a)

    29 January 2002; and

  2. (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.

5.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for an ETBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is:

    1. (a)

      if the permit authorises fishing in a single sector of the Fishery — the amount stated in Schedule 1 for the sector; or

    2. (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.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be the amount set out in the note to Schedule 1.

5.3When levy must be paid
  1. (1)

    For section 110 of the Management Act, for an ETBF fishing permit in force on 21 January 2002, the levy mentioned in regulation 5.2 must be paid as 1 amount, or in 2 equal instalments, as follows:

    1. (a)

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

      1. (i)

        21 January 2002; and

      2. (ii)

        28 days after the invoice date for the instalment;

    2. (b)

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

      1. (i)

        10 April 2002; and

      2. (ii)

        28 days after the invoice date for the instalment.

  2. (2)

    For section 110 of the Management Act, for an ETBF fishing permit in force on 10 April 2002, but not in force on 21 January 2002, the levy mentioned in regulation 5.2 must be paid on or before the later of:

    1. (a)

      10 April 2002; and

    2. (b)

      28 days after the invoice date for the levy.

Part 6Great Australian Bight Trawl Fishery

  6.1Definitions

In this Part:

GABTF fishing permit means a fishing permit for the Great Australian Bight Trawl Fishery which authorises the holder to take shark quota species.

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.

shark quota species means gummy shark (mustelus antarcticus) and school shark (galeorhinus galeus).

6.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a GABTF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the total of the following amounts:

    1. (a)

      20.673 cents for each kilogram of school shark mentioned in the permit when the permit is granted;

    2. (b)

      8.41 cents for each kilogram of gummy shark mentioned in the permit when the permit is granted.

  2. (2)

    For section 6 of the Levy Act, for a GABTF fishing right in force on 8 February 2002, the amount of levy is $23 576.70.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be:

    (a) for each fishing permit — 1.372 cents for each kilogram of school shark, and 0.558 cents for each kilogram of gummy shark; and

    (b) for each fishing right — $1 564.30.

6.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 6.2 must be paid on or before the later of:

  1. (a)

    8 March 2002; and

  2. (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
  1. (1)

    For section 6 of the Levy Act, for a HIMI fishing permit in force on or after the commencement of these Regulations and on or before 30 November 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is the total of:

    1. (a)

      10.67 cents for each kilogram of quota mentioned in Attachment B to the permit on 14 March 2002 for the taking of Patagonian toothfish (Dissostichus eleginoides); and

    2. (b)

      11.313 cents for each kilogram of quota mentioned in Attachment B to the permit on 14 March 2002 for the taking of mackerel icefish (Champsocephalus gunnari).

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $0.0102 for each kilogram of Patagonian toothfish, and $0.0108 for each kilogram of mackerel icefish.

7.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 7.2 must be paid on or before the later of:

  1. (a)

    11 April 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 8Small Pelagic Fishery

  8.1Definition

In this Part:

SPF fishing permit means a fishing permit for the Small Pelagic Fishery.

8.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a SPF fishing permit in force on or after 1 March 2002 and on or before 28 February 2003, the amount of levy is $2 710.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

  2. (2)

    Subregulation (1) does not apply to a SPF fishing permit (the first permit) that permits its holder to fish in Zone A of the Small Pelagic Fishery Area if, when the permit was granted:

    1. (a)

      the holder also held a SPF fishing permit (the second permit) that permitted the holder to fish in Zone B, C or D of that area; and

    2. (b)

      the first and second permits apply to the same boat.

  3. (3)

    For subregulation (2), it does not matter whether the first and second permits authorise fishing by the same methods or different methods.

8.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 8.2 must be paid on or before the later of:

  1. (a)

    29 April 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 9Macquarie Island Fishery

  9.1Definition

In this Part:

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

9.2Amount of levy

For section 6 of the Levy Act, for a MIF fishing permit in force on or after the commencement of these Regulations and on or before 31 December 2001, the amount of levy is $124 579.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $385 for each fishing permit.

9.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 9.2 must be paid on or before the later of:

  1. (a)

    28 days after the commencement of these Regulations; and

  2. (b)

    28 days after the invoice date for the levy.

Part 10Norfolk Island Offshore Demersal Finfish Fishery

  10.1Definition

In this Part:

NIODFF fishing permit means a fishing permit for the Norfolk Island Offshore Demersal Finfish Fishery.

10.2Amount of levy

For section 6 of the Levy Act, for a NIODFF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is $12 877.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

10.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 10.2 must be paid on or before the later of:

  1. (a)

    15 March 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 11Northern Prawn Fishery

  11.1Definition

In this Part:

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

11.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a NPF fishing right in force on the day mentioned in subregulation (2), the amount of levy is $26.85.

  2. (2)

    For subregulation (1), the day is:

    1. (a)

      if these Regulations commence on or before 7 December 2001 — 7 December 2001; or

    2. (b)

      if paragraph (a) does not apply — the day these Regulations commence.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $7.79 for each fishing right.

11.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 11.2 must be paid on or before the later of:

  1. (a)

    4 January 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 12North West Slope Trawl Fishery

  12.1Definition

In this Part:

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

12.2Amount of levy

For section 6 of the Levy Act, for a NWSTF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is $10 560.57.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $362.86 for each fishing permit.

12.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 12.2 must be paid on or before the later of:

  1. (a)

    1 March 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 13South East Non-trawl Fishery

  13.1Definitions

In this Part:

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

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

13.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a SENTF fishing permit that allows the holder to fish for any species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is the total of:

    1. (a)

      $1 173.50; and

    2. (b)

      if the permit authorises fishing for quota species — the total of the amounts calculated by multiplying the number of kilograms of each fish mentioned in Attachment B to the permit when the permit is granted by the amount mentioned in column 3 of Part 2 of Schedule 2 for that fish.

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $88.50 for each fishing permit that allows the holder to fish for any species.

  3. (3)

    For section 6 of the Levy Act, for a SENTF fishing permit that allows the holder to fish only for quota species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (4).

  4. (4)

    For subregulation (3), if the permit authorises fishing for quota species — the amount of the levy is the total of the amounts calculated by multiplying the number of kilograms of each fish mentioned in Attachment B to the permit by the amount mentioned in column 3 of Part 2 of Schedule 2 for that fish.

13.3When levy must be paid
  1. (1)

    For section 110 of the Management Act, for a SENTF fishing permit in force on or before 12 April 2002, the levy mentioned in regulation 13.2 must be paid as 1 amount, or in 2 instalments, as follows:

    1. (a)

      the total amount, or an instalment of one-third of the total amount of the levy, must be paid on or before the later of:

      1. (i)

        29 January 2002; and

      2. (ii)

        28 days after the invoice date for the instalment;

    2. (b)

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

      1. (i)

        15 May 2002; and

      2. (ii)

        28 days after the invoice date for the instalment.

  2. (2)

    For section 110 of the Management Act, the levy mentioned in regulation 13.2 for an SENTF fishing permit in force on or after 13 April 2002, but not in force on 12 April 2002, must be paid on or before the later of:

    1. (a)

      15 May 2002; and

    2. (b)

      28 days after the invoice date for the levy.

Part 14South East Trawl Fishery

  14.1Definitions

In this Part:

gemfish means fish of the species Rexea solandri.

non-sector species means a species of fish mentioned in Part 1 of Schedule 3.

orange roughy means fish of the species Hoplostethus atlanticus.

sector species means any of the following species:

  1. (a)

    gemfish;

  2. (b)

    orange roughy.

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

14.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a SETF fishing permit in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is the total of:

    1. (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 the permit is granted by the amount mentioned in column 3 of Part 2 of Schedule 3 for the species; and

    2. (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 column 3 of Part 3 of Schedule 3 for the species and sector.

14.3When levy must be paid
  1. (1)

    For section 110 of the Management Act, for a SETF fishing permit in force on or before 12 April 2002, the levy mentioned in regulation 14.2 must be paid as 1 amount, or in 2 instalments, as follows:

    1. (a)

      the total amount, or an instalment of one-third of the total amount of the levy, must be paid on or before the later of:

      1. (i)

        29 January 2002; and

      2. (ii)

        28 days after the invoice date for the instalment;

    2. (b)

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

      1. (i)

        15 May 2002; and

      2. (ii)

        28 days after the invoice date for the instalment.

  2. (2)

    For section 110 of the Management Act, for a SETF fishing permit in force on or after 13 April 2002, but not in force on 12 April 2002, the levy mentioned in regulation 14.2 must be paid on or before the later of:

    1. (a)

      13 May 2002; and

    2. (b)

      28 days after the invoice date for the levy.

Part 15Southern Bluefin Tuna Fishery

  15.1Definition

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.

15.2Amount of levy

For section 6 of the Levy Act, for a SBTF fishing right in force on 21 December 2001, the amount of levy is 28.93 cents.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be 2.75 cents for each fishing right.

15.3When levy must be paid
  1. (1)

    For section 110 of the Management Act, for a SBTF fishing right in force on the day mentioned in regulation 15.2, the levy mentioned in regulation 15.2 must be paid as 1 amount, or in 3 equal instalments, as follows:

    1. (a)

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

      1. (i)

        18 January 2002; and

      2. (ii)

        28 days after the invoice date for the instalment;

    2. (b)

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

      1. (i)

        12 March 2002; and

      2. (ii)

        28 days after the invoice date for the instalment.

    3. (c)

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

      1. (i)

        3 May 2002; and

      2. (ii)

        28 days after the invoice date for the instalment.

Part 16Southern Shark Fishery

  16.1Definitions

In this Part:

elephant fish and similar species means any of the following families:

  1. (a)

    callorhyncidae;

  2. (b)

    chimaeridae (ghost sharks);

  3. (c)

    rhinochimaeridae (spook fish).

quota species means any of the following species:

  1. (a)

    elephant fish and similar species;

  2. (b)

    gummy shark (Mustelus antarcticus);

  3. (c)

    sawshark (Pristiophorus cirratus and Pristiophorus nudipinnis);

  4. (d)

    school shark (Galeorhinus galeus).

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

16.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for a SSF fishing permit that allows the holder to fish for any species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (2).

  2. (2)

    For subregulation (1), the amount of the levy is the total of:

    1. (a)

      $1 011.70; and

    2. (b)

      5.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of elephant fish and similar species; and

    3. (c)

      41.5 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of gummy shark (Mustelus antarcticus); and

    4. (d)

      9.7 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of sawshark (Pristiophorus cirratus and Pristiophorus nudipinnis); and

    5. (e)

      27.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of school shark (Galeorhinus galeus).

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $161.70 for each fishing permit that allows the holder to fish for any species.

  3. (3)

    For section 6 of the Levy Act, for a SSF fishing permit that allows the holder to fish only for quota species, and that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is the amount mentioned in subregulation (4).

  4. (4)

    For subregulation (3), the amount is the total of:

    1. (a)

      5.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of elephant fish and similar species; and

    2. (b)

      41.5 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of gummy shark (Mustelus antarcticus); and

    3. (c)

      9.7 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of sawshark (Pristiophorus cirratus and Pristiophorus nudipinnis); and

    4. (d)

      27.4 cents for each kilogram of quota mentioned in the permit when the permit is granted for the taking of school shark (Galeorhinus galeus).

16.3When levy must be paid
  1. (1)

    For section 110 of the Management Act, for a SSF fishing permit in force on or before 12 April 2002, the levy mentioned in regulation 16.2 must be paid as 1 amount, or in 2 instalments, as follows:

    1. (a)

      the total amount, or an instalment equal to one-third of the levy, must be paid on or before the later of:

      1. (i)

        29 January 2002; and

      2. (ii)

        28 days after the invoice date for the instalment;

    2. (b)

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

      1. (i)

        15 May 2002; and

      2. (ii)

        28 days after the invoice date for the instalment.

  2. (2)

    For section 110 of the Management Act, for an SSF fishing permit in force on or after 13 April 2002 but not in force on 12 April 2002, the levy mentioned in regulation 16.2 must be paid on or before the later of:

    1. (a)

      15 May 2002; and

    2. (b)

      28 days after the invoice date for the levy.

Part 17Southern Squid Fishery

  17.1Definition

In this Part:

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

17.2Amount of levy

For section 6 of the Levy Act, for a SQDF fishing permit that is in force on or after the commencement of these Regulations and on or before 31 August 2002, the amount of levy is $1 208.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

17.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 17.2 must be paid on or before the later of:

  1. (a)

    21 February 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 18Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

  18.1Definitions

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.

18.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for:

    1. (a)

      a STBF fishing permit; or

    2. (b)

      a SWTBF fishing permit; or

    3. (c)

      a WTBF fishing permit;

    that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the levy is the amount mentioned in subregulation (2).

  2. (2)

    The amount of the levy is:

    1. (a)

      if the permit authorises the use of a purse-seine fishing method — $8 679; or

    2. (b)

      if the permit authorises the use of a pelagic longline fishing method — $5 805; or

    3. (c)

      if the permit authorises the use of any other line fishing method — $4 110; or

    4. (d)

      if the permit authorises the use of a 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).

    Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $500.28 for each fishing permit.

18.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 18.2 must be paid as 1 amount, or in 2 equal instalments, as follows:

  1. (a)

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

    1. (i)

      18 January 2002; and

    2. (ii)

      28 days after the invoice date for the instalment;

  2. (b)

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

    1. (i)

      3 May 2002; and

    2. (ii)

      28 days after the invoice date for the instalment.

Part 19South Tasman Rise Fishery

  19.1Definition

In this Part:

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

19.2Amount of levy

For section 6 of the Levy Act, for a STR fishing permit that is in force on or after 1 March 2002 and on or before 28 February 2003, the levy is $9 198.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $703.21 for each fishing permit.

19.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 19.2 must be paid on or before the later of:

  1. (a)

    30 March 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 20Victorian Inshore Trawl Fishery

  20.1Definition

In this Part:

VITF fishing permit means a fishing permit for the Victorian Inshore Trawl Fishery.

20.2Amount of levy

For section 6 of the Levy Act, for a VITF fishing permit that is in force on or after 1 January 2002 and on or before 31 December 2002, the amount of levy is $1 062.89.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit.

20.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 20.2 must be paid on or before the later of:

  1. (a)

    29 January 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 21Western Deep Water Trawl Fishery

  21.1Definition

In this Part:

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

21.2Amount of levy

For section 6 of the Levy Act, for a WDWTF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2002, the amount of levy is $7 150.82.

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $106.18 for each fishing permit.

21.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 21.2 must be paid on or before the later of:

  1. (a)

    1 March 2002; and

  2. (b)

    28 days after the invoice date for the levy.

Part 22Informally managed fisheries

  22.1Definition

In this Part:

IMF permit means a fishing permit for an informally managed fishery.

22.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for an IMF permit that is in force on or after the commencement of this Part and on or before 31 December 2002, the amount of levy is $1 000.

  2. (2)

    If 2 or more IMF permits authorise the same boat for use in a different informally managed fishery for each permit, then only 1 of the permits is liable to levy under subregulation (1).

  3. (3)

    An IMF permit issued only to authorise testing of fishing equipment is not liable to levy under subregulation (1).

    Note The research component of the levy amount mentioned in subregulation (1) is $60.

22.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 22.2 must be paid on or before 28 days after the invoice date for the levy.

Schedule 1 Eastern Tuna and Billfish Fisheryamounts of levy

(regulation 5.2)

   

Item

Sector

Amount ($)

1

ML Sector

1 594

2

PL Sector

1 709

3

PLL (Sub-area 1) Sector

5 946

4

PLL (Sub-area 2) Sector

5 352

5

PLL (Sub-area 4) Sector

3 077

6

PLL (Sub-area 5) Sector

2 950

7

PLL (Sub-area 6) Sector

2 950

8

PLL (Sub-area 7) Sector

2 950

9

PLL (Sub-area 8) Sector

2 950

10

PLL (Sub-area 9) Sector

1 756

11

PLL (Sub-area 10) Sector

745

12

PS (Sub-area 3) Sector

7 160

13

PS (Sub-area 4) Sector

4 390

14

PS (Sub-area 6) Sector

5 479

15

PS (Sub-area 7) Sector

3 797

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows:

Item

Sector

Amount ($)

1

for the ML Sector

522

2

for the PL Sector

637

3

for the PLL (Sub-area 1) Sector

522

4

for the PLL (Sub-area 2) Sector

522

5

for the PLL (Sub-area 4) Sector

522

6

for the PLL (Sub-area 5) Sector

522

7

for the PLL (Sub-area 6) Sector

522

8

for the PLL (Sub-area 7) Sector

522

9

for the PLL (Sub-area 8) Sector

522

10

for the PLL (Sub-area 9) Sector

0

11

for the PLL (Sub-area 10) Sector

522

12

for the PS (Sub-area 3) Sector

637

13

for the PS (Sub-area 4) Sector

637

14

for the PS (Sub-area 6) Sector

637

15

for the PS (Sub-area 7) Sector

637

Schedule 2 South East Non-trawl Fisheryamounts of levy

(regulation 13.2)

Part 1Quota species

Item

Common name

Scientific name

1

Blue eye trevalla

Hyperoglyphe antarctica

Schedophilus labyrinthica

2

Blue grenadier

Macruronus novazelandiae

3

Blue warehou

Seriolella brama

4

Flathead

Neoplatycephalus aurimaculatus

Neoplatycephalus richardsoni

Platycephalus bassensis

Platycephalus caeruleopunctatu

Platycephalus speculator

5

Gemfish Eastern Sector

Rexea solandri

6

Gemfish Western Sector

Rexea solandri

7

Jackass morwong

Nemadactylus macropterus

8

John Dory

Zeus faber

9

Mirror dory

Zenopsis nebulosus

10

Ocean perch

Helicolenus species

11

Pink ling

Genypterus blacodes

12

Redfish

Centroberyx affinis

13

School whiting

Sillago flindersi

14

Silver trevally

Pseudocaranx dentex

15

Spotted warehou

Seriolella punctata

Part 2Amounts of levy — quota species

Item

Species

Amount for each kilogram mentioned in the fishing permit (cents)

1

Blue eye trevalla

61.8

2

Blue grenadier

4.5

3

Blue warehou

2.0

4

Flathead

11.1

5

Gemfish Eastern Sector

28.0

6

Gemfish Western Sector

23.3

7

Jackass morwong

25.1

8

John Dory

12.4

9

Mirror dory

21.9

10

Ocean perch

12.0

11

Pink ling

32.7

12

Redfish

6.1

13

School whiting

0

14

Silver trevally

1.0

15

Spotted warehou

0.6

Schedule 3 South East Trawl Fisheryamounts of levy

(regulations 14.1 and 14.2)

Part 1Non-sector species

Item

Common name

Scientific name

1

Blue eye trevalla

Hyperoglyphe antarctica

Schedophilus labyrinthica

2

Blue grenadier

Macruronus novazelandiae

3

Blue warehou

Seriolella brama

4

Flathead

Neoplatycephalus aurimaculatus

Neoplatycephalus richardsoni

Platycephalus bassensis

Platycephalus caeruleopunctatus

Platycephalus speculator

5

Gummy shark

Mustelus antarcticus

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

Redfish

Centroberyx affinis

12

Royal red prawn

Haliporoides sibogae

13

School shark

Galeorhinus galeus

14

School whiting

Sillago flindersi

15

Silver trevally

Pseudocaranx dentex

16

Spotted warehou

Seriolella punctata

Part 2Amounts of levy — non-sector species

Item

Species

Amount for each kilogram mentioned in the fishing permit (cents)

1

Blue eye trevalla

20.937

2

Blue grenadier

4.517

3

Blue warehou

12.663

4

Flathead

6.213

5

Gummy shark

23.616

6

Jackass morwong

5.532

7

John Dory

12.510

8

Ling

10.889

9

Mirror dory

3.547

10

Ocean perch

5.618

11

Redfish

3.052

12

Royal red prawn

8.093

13

School shark

46.365

14

School whiting

1.596

15

Silver trevally

2.151

16

Spotted warehou

2.750

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows:

Item

Species

Research component for each kilogram mentioned in the fishing permit (cents)

1

Blue eye trevalla

1.800

2

Blue grenadier

0.389

3

Blue warehou

1.088

4

Flathead

0.534

5

Gummy shark

2.031

6

Jackass morwong

0.476

7

John Dory

1.076

8

Ling

0.936

9

Mirror dory

0.305

10

Ocean perch

0.483

11

Redfish

0.263

12

Royal red prawn

0.696

13

School shark

3.987

14

School whiting

0.137

15

Silver trevally

0.184

16

Spotted warehou

0.236

Part 3Amounts of levy — sector species

 

Item

Species and sector

Amount for each kilogram mentioned in the fishing permit (cents)

1

Gemfish — gemfish eastern sector

5.179

2

Gemfish — gemfish western sector

9.796

3

Orange roughy — orange roughy eastern sector

13.217

4

Orange roughy — orange roughy southern sector

8.582

5

Orange roughy — orange roughy western sector

5.873

6

Orange roughy — orange roughy cascade sector

12.772

Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows:

Item

Species and sector

Amount for each kilogram mentioned in the fishing permit (cents)

1

Gemfish — gemfish eastern sector

0.467

2

Gemfish — gemfish western sector

0.842

3

Orange roughy — orange roughy eastern sector

1.138

4

Orange roughy — orange roughy southern sector

0.736

5

Orange roughy — orange roughy western sector

0.505

6

Orange roughy — orange roughy cascade sector

1.098

Notes to theFishing Levy Regulations 2001

Note 1

The Fishing Levy Regulations 2001 (in force under the Fisheries Management Act 1991 and the Fishing Levy Act 1991) as shown in this compilation comprise Statutory Rules 2001 No. 333 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

2001 No. 333

20 Dec 2001

20 Dec 2001

2001 No. 26

28 Feb 2002

28 Feb 2002

—

2002 No. 104

30 May 2002

30 May 2002

—

2002 No. 238

11 Oct 2002

11 Oct 2002

—

Table of Amendments

    ad. = added or inserted

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

Provision affected

How affected

R. 1.4.......................................

am. 2002 No. 238

R. 1.5.......................................

am. 2002 No. 26

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

am. 2002 No. 104

Part 1A....................................

(rr. 1A.1–1A.3)

ad. 2002 No. 104

Rr. 1A.1–1A.3........................

ad. 2002 No. 104

Heading to Part 8..................

rs. 2002 No. 26

R. 8.1.......................................

rs. 2002 No. 26

R. 8.2.......................................

am. 2002 No. 26

Part 22....................................

(rr. 22.1–22.3)

ad. 2002 No. 238

Rr. 22.1–22.3.........................

ad. 2002 No. 238

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