Fishing Levy Regulations 2004 (Cth)

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Fishing Levy Regulations 2004

Statutory Rules 2004 No. 3181

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991 and Fishing Levy Act 1991.

Dated 18 November 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Fisheries, Forestry and Conservation

Contents

Part 1 Preliminary

Part 2 Bass Strait Central Zone Scallop Fishery

Part 3 Coral Sea Fishery

Part 4 Eastern Skipjack Fishery

Part 5 Eastern Tuna and Billfish Fishery

Part 6 Heard Island and McDonald Islands Fishery

Part 7 Macquarie Island Fishery

Part 8 Northern Prawn Fishery

Part 9 North West Slope Fishery

Part 10 Small Pelagic Fishery

Part 11 Southern and Eastern Scalefish and Shark Fishery

Part 12 Southern Bluefin Tuna Fishery

Part 13 Southern Squid Fishery

Part 14 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery

Part 15 South Tasman Rise Fishery

Part 16 Western Deep Water Trawl Fishery

Part 17 Western Skipjack Fishery

Part 18 Informally managed fisheries

Part 1Preliminary

1.1Name of Regulations

These Regulations are the Fishing Levy Regulations 2004.

1.2Commencement

These Regulations commence on the date of their notification in the Gazette.

1.3Fishing Levy Regulations 2003 – repeal

The following Statutory Rules are repealed:

· 2003 No. 287

· 2004 No. 71.

1.4Definitions
  1. (1)

    In these Regulations:

AFMA means the Australian Fisheries Management Authority.

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.

  1. (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:

(a) the Coral Sea Fishery;

(b) the Eastern Skipjack Fishery;

(c) the Eastern Tuna and Billfish Fishery;

(d) the Macquarie Island Fishery;

(e) the North West Slope Fishery;

(f) the Small Pelagic Fishery;

(g) the Southern Squid Fishery;

(h) the Southern Tuna and Billfish Fishery;

(i) the Western Deep Water Trawl Fishery;

(j) the Western Tuna and Billfish Fishery;

(k) the Western Skipjack Fishery.

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

(a) the Bass Strait Central Zone Scallop Fishery — see the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S422 of 7 November 2002);

(b) the Heard Island and McDonald Islands Fishery — see the Heard Island and McDonald Islands Fishery Management Plan 2002 (notified in Gazette No. GN 21 of 29 May 2002);

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

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

(e) the Southern and Eastern Scalefish and Shark Fishery — see the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (notified in Gazette No. GN 39 of 1 October 2003).

Part 2Bass Strait Central Zone Scallop Fishery

2.1Definition

In this Part:

BSCZSF quota SFR means a quota statutory fishing right for the taking of commercial scallops for the Bass Strait Central Zone Scallop Fishery.

2.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, the amount of levy for a BSCZSF quota SFR in force on 1 January 2005 is the sum of Amount A and Amount B.

  2. (2)

    In subregulation (1):

Amount A is 65 cents including a research component of 2 cents.

Amount B, in relation to the person that holds that SFR, is the amount worked out according to the formula:

where:

annual factor is:

  1. (a)

    if the person paid levy for a fishing permit for the Bass Strait Scallop Fishery in force at any time during the period:

    1. (i)

      1 July 2003 to 30 June 2004 inclusive — nil; or

    2. (ii)

      1 July 2002 to 30 June 2003 inclusive but not the period mentioned in subparagraph (i) — $1 834, including a research component of $60; or

    3. (iii)

      1 July 2001 to 30 June 2002 inclusive but not the period mentioned in subparagraph (i) or (ii) — $3 441, including a research component of $120; or

(b) in any other case — $5 048, including a research component of $180.

N is the number of BSCZSF quota SFRs held by the person.

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)

    28 January 2005; 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

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 2005, the amount of levy is the sum of:

  1. (a)

    $2 297, which includes a research component of $124; and

  2. (b)

    an amount as follows:

    1. (i)

      for a permit to take fish for aquarium collection, $756;

    2. (ii)

      for a permit to take lobster or trochus or both, $910;

    3. (iii)

      for a permit that allows fishing by the line method, $5 564;

    4. (iv)

      for a permit that allows fishing by the trawl method, $9 517;

    5. (v)

      for a permit to take sea cucumber, $7 921.

Note A CSF fishing permit contains conditions in relation to the method of fishing allowed when undertaking fishing for particular species in the Fishery.

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)

    31 March 2005; and

  2. (b)

    28 days after the invoice date for the levy.

Part 4Eastern Skipjack Fishery

4.1Definition

In this Part:

ESF fishing permit means a fishing permit for the Eastern Skipjack Fishery.

4.2Amount of levy

For section 6 of the Levy Act, for an ESF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2005, the amount of levy is $3 032, including a research component of $72.

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 the following:

  1. (a)

    31 May 2005;

  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

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 2005, the amount of 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 each of the sectors.

5.3When levy must be paid
  1. (1)

    For section 110 of the Management Act, for an ETBF fishing permit in force at any time on or after the commencement of these Regulations and on or before 30 June 2005, 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)

        28 January 2005; 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)

        8 April 2005; 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 8 April 2005, but not in force on 28 January 2005, the levy mentioned in regulation 5.2 must be paid 28 days after the invoice date for the levy.

Part 6Heard Island and McDonald Islands Fishery

6.1Definition

In this Part:

HIMI statutory fishing right means a statutory fishing right under the Heard Island and McDonald Islands Fishery Management Plan 2002, as in force from time to time.

6.2Amount of levy

For section 6 of the Levy Act, for a HIMI statutory fishing right in force on the commencement of these Regulations, the amount of levy is:

  1. (a)

    $6.52 for each statutory fishing right to take Patagonian toothfish (Dissostichus eleginoides), which includes a research component of 1.11 cents; and

  2. (b)

    $6.52 for each statutory fishing right to take mackerel icefish (Champsocephalus gunnari), which includes a research component of 1.11 cents.

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)

    11 January 2005; and

  2. (b)

    28 days after the invoice date for the levy.

Part 7Macquarie Island Fishery

7.1Definition

In this Part:

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

7.2Amount of levy

For section 6 of the Levy Act, for an MIF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2005, the amount of levy is $121 647, including a research component of $3 240.

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)

    28 days after the commencement of these Regulations; and

  2. (b)

    28 days after the invoice date for the levy.

Part 8Northern Prawn Fishery

8.1Definition

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.

8.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for an NPF fishing right in force on the day mentioned in subregulation (2), the amount of levy is $37.33, including a research component of $6.37.

  2. (2)

    For subregulation (1), the day is:

    1. (a)

      if these Regulations commence on or before 12 December 2004 — 12 December 2004; or

    2. (b)

      otherwise — the day these Regulations commence.

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)

    28 January 2005; and

  2. (b)

    28 days after the invoice date for the levy.

Part 9North West Slope Fishery

9.1Definition

In this Part:

NWSF fishing permit means a fishing permit for the North West Slope Fishery.

9.2Amount of levy

For section 6 of the Levy Act, for an NWSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2005, the amount of levy is $7 586.43, including a research component of $346.43.

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 January 2005; and

  2. (b)

    28 days after the invoice date for the levy.

Part 10Small Pelagic Fishery

10.1Definitions

In this Part:

permit package means 2 or more SPF fishing permits:

  1. (a)

    issued to the same person in relation to the same boat; and

  2. (b)

    having the same numeric identifier.

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

10.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for an SPF fishing permit in force on or after the commencement of this Part and on or before 31 May 2005, the amount of levy is $3 162, including a research component of $60.

  2. (2)

    However, for a permit package, only one of the SPF fishing permits included in the package is liable to the levy imposed under subregulation (1).

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)

    29 April 2005; and

  2. (b)

    28 days after the invoice date for the levy.

Part 11Southern and Eastern Scalefish and Shark Fishery

11.1Definitions
  1. (1)

    In this Part:

elephant fish means fish of a species in any of the following families:

  1. (a)

    Callorhyncidae;

  2. (b)

    Chimaeridae (ghost sharks);

  3. (c)

    Rhinochimaeridae (spook fish).

Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

SESSF ECDT fishing permit means a fishing permit for the East Coast Deepwater Trawl Sector.

SESSF GABT quota species fishing permit means a fishing permit granted under section 32 of the Management Act for taking quota species from the Great Australian Bight Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery.

SESSF GAB Trawl Boat SFR means a boat statutory fishing right that authorises fishing by trawling methods in the Commonwealth GAB Trawl Sector.

SESSF GHT fishing permit means a fishing permit for the South Australian Coastal Waters Sector, the Tasmanian Coastal Waters Sector, the Tasmanian Rock Lobster Sector or the Victorian Coastal Waters Sector.

Note SESSF GHT fishing permits are those permits granted under the Plan to replace OCS permits — sections 39, 40, 41 and 43 of the Plan are relevant.

SESSF GHT quota species fishing permit means a fishing permit granted under section 32 of the Management Act for taking quota species from the Commonwealth Gillnet Sector, the Commonwealth Scalefish Hook Sector or the Commonwealth Shark Hook Sector of the Southern and Eastern Scalefish and Shark Fishery.

SESSF GHT Trap fishing permit means a fishing permit for the Commonwealth Scalefish Hook Sector.

SESSF Gillnet Boat SFR means a boat statutory fishing right that authorises fishing by gillnet methods in the Commonwealth Gillnet Sector.

SESSF Scalefish Hook Boat SFR means a boat statutory fishing right that authorises fishing by hook methods in the Commonwealth Scalefish Hook Sector.

SESSF SET quota species fishing permit means a fishing permit granted under section 32 of the Management Act for taking quota species from the Commonwealth Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery.

SESSF Shark Hook Boat SFR means a boat statutory fishing right that authorises fishing by hook methods in the Commonwealth Shark Hook Sector.

SESSF Trawl Boat SFR means a boat statutory fishing right that authorises fishing by trawl methods in the Commonwealth Trawl Sector.

SESSF Type N quota species SFR means a quota statutory fishing right that authorises the holder (being an eligible person under subsection 27 (1) of the Plan) to take specified quota species.

SESSF Type T quota species SFR means a quota statutory fishing right that authorises the holder (being an eligible person under subsection 27 (2), (3), (4) or (5) of the Plan) to take specified quota species.

SESSF VIT fishing permit means a fishing permit for the Victorian Coastal Waters Sector.

Southern and Eastern Scalefish and Shark Fishery has the same meaning as in the Plan.

  1. (2)

    For subregulation (1):

    1. (a)

      a reference to a Sector or a Zone is to the Sector or Zone, respectively, of that name in the Plan; and

    2. (b)

      a reference to a statutory fishing right is to a right granted under the Plan; and

    3. (c)

      a reference to a fishing permit is to a permit granted under the Plan unless otherwise stated.

11.2Amount of levy
  1. (1)

    For section 6 of the Levy Act, for an SESSF ECDT fishing permit that is in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is $3 029.56, including a research component of $60.

  2. (2)

    For section 6 of the Levy Act, for an SESSF GABT quota species fishing permit in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is the total of:

    1. (a)

      14.76 cents for each quota unit of school shark mentioned in the permit; and

    2. (b)

      38.23 cents for each quota unit of gummy shark mentioned in the permit; and

    3. (c)

      20.31 cents for each quota unit of sawshark mentioned in the permit; and

    4. (d)

      7.42 cents for each quota unit of elephant fish mentioned in the permit.

Note The research component to be collected will be, for each fishing permit — 0.97 of a cent for each quota unit of school shark, 1.33 cents for each quota unit of sawshark, 2.5 cents for each quota unit of gummy shark, and 0.49 of a cent for each quota unit of elephant fish.

  1. (3)

    For section 6 of the Levy Act, for an SESSF GHT fishing permit that allows the holder to fish for a quota species and that is in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is:

    1. (a)

      $1 808.43, including a research component of $202.25; and

    2. (b)

      the total of:

      1. (i)

        19.0 cents for each quota unit of school shark mentioned in the permit; and

      2. (ii)

        32.5 cents for each quota unit of gummy shark mentioned in the permit; and

      3. (iii)

        10.5 cents for each quota unit of sawshark mentioned in the permit; and

      4. (iv)

        4.5 cents for each quota unit of elephant fish mentioned in the permit.

  2. (4)

    However, paragraph (3) (a) does not apply to an SESSF GHT fishing permit that contains a condition on the permit requiring the boat nominated for the permit to be the nominated boat in relation to a boat statutory fishing right granted under the Plan.

  3. (5)

    For section 6 of the Levy Act and for a statutory fishing right of the kind mentioned in each of the following paragraphs, in force on 1 January 2005, the amount of levy is:

    1. (a)

      for an SESSF GAB Trawl Boat SFR — $35 532.46, which includes a research component of $2 324.74;

    2. (b)

      for an SESSF Gillnet Boat SFR — $1 808.43, which includes a research component of $202.25;

    3. (c)

      for an SESSF Scalefish Hook Boat SFR — $1 808.43, which includes a research component of $202.25;

    4. (d)

      for an SESSF Shark Hook Boat SFR — $1 808.43, which includes a research component of $202.25;

    5. (e)

      for an SESSF Trawl Boat SFR — $2 089.48;

    6. (f)

      for an SESSF Type N quota species SFR to take a particular species — the amount mentioned in column 3 of clause 1.2 of Schedule 2 for that species (and zone, if relevant);

    7. (g)

      for an SESSF Type T quota species SFR to take a particular species — the amount mentioned in column 3 of clause 2.2 of Schedule 2 for that species (and zone, if relevant).

  4. (6)

    For section 6 of the Levy Act, for an SESSF VIT fishing permit that is in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is $1 112.56, which includes a research component of $60.

  5. (7)

    For section 6 of the Levy Act, for an SESSF SET quota species fishing permit in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is the total of:

    1. (a)

      34.80 cents for each quota unit of school shark mentioned in the permit; and

    2. (b)

      27.04 cents for each quota unit of gummy shark mentioned in the permit; and

    3. (c)

      14.54 cents for each quota unit of sawshark mentioned in the permit; and

    4. (d)

      5.26 cents for each quota unit of elephant fish mentioned in the permit.

Note The research component to be collected will be, for each fishing permit — 2.66 cents for each quota unit of school shark, 1.11 cents for each quota unit of sawshark, 2.06 cents for each quota unit of gummy shark, and 0.40 of a cent for each quota unit of elephant fish.

  1. (8)

    For section 6 of the Levy Act, for an SESSF GHT quota species fishing permit in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is the total of:

    1. (a)

      19.0 cents for each quota unit of school shark mentioned in the permit; and

    2. (b)

      32.5 cents for each quota unit of gummy shark mentioned in the permit; and

    1. (c)

      10.5 cents for each quota unit of sawshark mentioned in the permit; and

    2. (d)

      4.5 cents for each quota unit of elephant fish mentioned in the permit.

  2. (9)

    For section 6 of the Levy Act, an SESSF GHT Trap fishing permit that is in force on or after 1 January 2005 and on or before 31 December 2005, the amount of levy is $1 808.43, which includes a research component of $202.25.

  3. (10)

    However, subsection (9) does not apply to an SESSF GHT Trap fishing permit that contains a condition on the permit requiring the boat nominated for the permit to be the nominated boat in relation to a boat statutory fishing right granted under the Plan.

11.3When levy must be paid

For section 110 of the Management Act, for a fishing concession mentioned in regulation 11.2 in force on the day, or during the period, mentioned in regulation 11.2 for that concession, the levy mentioned in that regulation for the concession 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)

      28 January 2005; and

    2. (ii)

      28 days after the invoice date for the instalment;

  2. (b)

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

    1. (i)

      13 May 2005; and

    2. (ii)

      28 days after the invoice date for the levy.

Part 12Southern Bluefin Tuna Fishery

12.1Definition

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.

12.2Amount of levy

For section 6 of the Levy Act, for an SBTF fishing right in force on 15 January 2005, the amount of levy is 25.04 cents, including a research component of 2.95 cents.

12.3When levy must be paid

For section 110 of the Management Act, for an SBTF fishing right in force on the day mentioned in regulation 12.2, the levy mentioned in that regulation must be paid on or before the later of:

  1. (a)

    12 February 2005; and

  2. (b)

    28 days after the invoice date for the instalment.

Part 13Southern Squid Fishery

13.1Definition

In this Part:

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

13.2Amount of levy

For section 6 of the Levy Act, for an SSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2005, the amount of levy is $3 082, including a research component of $60.

13.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 13.2 must be paid on or before the later of:

  1. (a)

    28 February 2005; and

  2. (b)

    28 days after the invoice date for the levy.

Part 14Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery

14.1Definition

In this Part:

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

14.2Amount of levy

For section 6 of the Levy Act, for an SWTBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2005, the levy is:

  1. (a)

    if the permit authorises the use of a purse-seine fishing method — $2 735, including a research component of $416; or

  2. (b)

    if the permit authorises the use of a pelagic longline fishing method — $4 598, including a research component of $416; or

  3. (c)

    if the permit authorises the use of any other line fishing method — $3 290, including a research component of $416; or

  4. (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).

14.3When levy must be paid
  1. (1)

    Subject to subregulation (2), for section 110 of the Management Act, the levy mentioned in regulation 14.2 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)

        15 January 2005; 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)

        5 May 2005; and

      2. (ii)

        28 days after the invoice date for the instalment.

  2. (2)

    For section 110 of the Management Act, in relation to a fishing permit to which this Part relates, in force on or after 15 January 2005 but not in force on 14 January 2005, the levy mentioned in regulation 14.2 must be paid on or before the later of:

    1. (a)

      5 May 2005; and

    2. (b)

      28 days after the invoice date for the levy.

Part 15South Tasman Rise Fishery

15.1Definition

In this Part:

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

15.2Amount of levy

For section 6 of the Levy Act, for a STRF fishing permit that is in force on or after 1 March 2005 and on or before 31 December 2005, the amount of levy is $103.64 and consists of the research component.

15.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 15.2 must be paid on or before the later of:

  1. (a)

    31 March 2005; or

  2. (b)

    28 days after the invoice date for the levy.

Part 16Western Deep Water Trawl Fishery

16.1Definition

In this Part:

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

16.2Amount of levy

For section 6 of the Levy Act, for a WDTF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2005, the amount of levy is $8 850.09, including a research component of $403.91.

16.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 16.2 must be paid on or before the later of:

  1. (a)

    28 January 2005; or

  2. (b)

    28 days after the invoice date for the levy.

Part 17Western Skipjack Fishery

17.1Definition

In this Part:

WSF fishing permit means a fishing permit for the Western Skipjack Fishery.

17.2Amount of levy

For section 6 of the Levy Act, for a WSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2005, the amount of levy is $3 032, including a research component of $72.

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 the following:

  1. (a)

    31 May 2005;

  2. (b)

    28 days after the invoice date for the levy.

Part 18Informally managed fisheries

18.1Definition

In this Part:

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

18.2Amount 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 these Regulations and on or before 30 June 2005, the amount of levy is $1 000, including a research component of $60.

  2. (2)

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

18.3When levy must be paid

For section 110 of the Management Act, the levy mentioned in regulation 18.2 must be paid on or before the later of:

  1. (a)

    28 January 2005; and

  2. (b)

    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

2 367

2

PL Sector

2 215

3

PLL (Sub-area 1) Sector

11 551

4

PLL (Sub-area 2) Sector

10 351

5

PLL (Sub-area 4) Sector

5 753

6

PLL (Sub-area 6) Sector

5 496

7

PLL (Sub-area 7) Sector

5 496

8

PLL (Sub-area 8) Sector

5 496

9

PLL (Sub-area 9) Sector

3 549

10

PLL (Sub-area 10) Sector

1 040

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

580

2

for the PL Sector

428

3

for the PLL (Sub-area 1) Sector

589

4

for the PLL (Sub-area 2) Sector

589

5

for the PLL (Sub-area 4) Sector

589

6

for the PLL (Sub-area 6) Sector

589

7

for the PLL (Sub-area 7) Sector

589

8

for the PLL (Sub-area 8) Sector

589

9

for the PLL (Sub-area 9) Sector

0

10

for the PLL (Sub-area 10) Sector

589

Schedule 2 Southern and Eastern Scalefish and Shark Fisheryamounts of levy

(regulation 11.2)

Part1Type N quota species

1.1Type N quota 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

Gemfish

Rexea solandri

6

Jackass morwong

Nemadactylus macropterus

7

John dory

Zeus faber

8

Mirror dory

Zenopsis nebulosus

9

Ocean perch

Helicolenus species

10

Pink ling

Genypterus blacodes

11

Redfish

Centroberyx affinis

12

School whiting

Sillago flindersi

13

Silver trevally

Pseudocaranx dentex

14

Spotted warehou

Seriolella punctata

1.2Amounts of levy — type N quota species

Item

Species

Amount for each quota SFR to take that species (cents)

1

Blue eye trevalla

56.50

2

Blue grenadier

9.50

3

Blue warehou

0.50

4

Flathead

8.00

5

Gemfish (eastern zone)

15.00

6

Gemfish (western zone)

28.00

7

Jackass morwong

13.00

8

John dory

11.00

9

Mirror dory

21.00

10

Ocean perch

21.00

11

Pink ling

82.50

12

Redfish

11.50

13

School whiting

0.50

14

Silver trevally

1.00

15

Spotted warehou

3.00

Part2Type T quota species

2.1Type T quota 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

Gemfish

Rexea solandri

6

Jackass morwong

Nemadactylus macropterus

7

John dory

Zeus faber

8

Mirror dory

Zenopsis nebulosus

9

Ocean perch

Helicolenus species

10

Orange roughy

Hoplostethus atlanticus

11

Pink ling

Genypterus blacodes

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

2.2Amounts of levy — type T quota species

Item

Species

Amount for each quota SFR to take that species (cents)

1

Blue eye trevalla

12.30

2

Blue grenadier

11.06

3

Blue warehou

2.09

4

Flathead

12.26

5

Gemfish (eastern zone)

4.65

6

Gemfish (western zone)

6.45

7

Jackass morwong

3.71

8

John dory

14.90

9

Mirror dory

5.81

10

Ocean perch

10.56

11

Orange roughy (Cascade Plateau zone)

12.99

12

Orange roughy (eastern zone)

2.57

13

Orange roughy (southern zone)

0.30

14

Orange roughy (western zone)

2.48

15

Pink ling

23.88

16

Redfish

7.02

17

Royal red prawn

5.77

18

School whiting

2.40

19

Silver trevally

2.33

20

Spotted warehou

18.57

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 as follows:

Item

Species

Research component for each quota SFR to take that species (cents)

1

Blue eye trevalla

0.97

2

Blue grenadier

0.84

3

Blue warehou

0.16

4

Flathead

0.93

5

Gemfish (eastern zone)

0.35

6

Gemfish (western zone)

0.49

7

Jackass morwong

0.28

8

John dory

1.14

9

Mirror dory

0.44

10

Ocean perch

0.81

11

Orange roughy (Cascade Plateau zone)

0.99

12

Orange roughy (eastern zone)

0.20

13

Orange roughy (southern zone)

0.02

14

Orange roughy (western zone)

0.19

15

Pink ling

1.82

16

Redfish

0.54

17

Royal red prawn

0.44

18

School whiting

0.18

19

Silver trevally

0.18

20

Spotted warehou

1.41

Note

1. Notified in the Commonwealth of Australia Gazette on 25 November 2004.

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