Fishing Levy Regulations 2010 (Cth)
Fishing Levy Regulations 20101
Select Legislative Instrument 2010 No. 312
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.
Dated 8 December 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
MIKE KELLY
Parliamentary Secretary for Agriculture, Fisheries and Forestry
Contents
Part 1Preliminary
1.1Name of Regulations 6
1.2Commencement 6
1.3Repeal 6
1.4Interpretation 6
1.5References to fisheries 7
Part 2Bass Strait Central Zone Scallop Fishery
2.1Definition — leviable BSCZSF COM SFR 9
2.2Amount of levy 9
2.3When levy must be paid 9
Part 3Coral Sea Fishery
3.1Definition — leviable CSF fishing permit 10
3.2Amount of levy 10
3.3When levy must be paid 10
Part 4Eastern Tuna and Billfish Fishery
4.1Definitions 11
4.2Amount of levy — leviable ETBF boat permit 11
4.3Amount of levy — leviable ETBF longline SFR 11
4.4Amount of levy — leviable ETBF minor line SFR 11
4.5When levy must be paid 12
Part 5Heard Island and McDonald Islands Fishery
5.1Definition — leviable HIMI SFR 13
5.2Amount of levy 13
5.3When levy must be paid 13
Part 6Informally managed fisheries
6.1Definitions 14
6.2Amount of levy 14
6.3When levy must be paid 14
Part 7Macquarie Island Toothfish Fishery
7.1Definition — leviable MITF SFR 15
7.2Amount of levy 15
7.3When levy must be paid 15
Part 8Northern Prawn Fishery
8.1Definition — leviable NPF gear SFR 16
8.2Amount of levy 16
8.3When levy must be paid 16
Part 9North West Slope Fishery
9.1Definition — leviable NWSF fishing permit 17
9.2Amount of levy 17
9.3When levy must be paid 17
Part 10Small Pelagic Fishery
10.1Definition — leviable SPF fishing permit 18
10.2Amount of levy 18
10.3When levy must be paid 18
Part 11Southern and Eastern Scalefish and Shark Fishery
Division 1Preliminary
11.1Interpretation 19
Division 2Fishing permits
11.2Amount of levy — leviable SESSF ECDT fishing permit 19
11.3Amount of levy — leviable SESSF VCW fishing permit 20
11.4Amount of levy — leviable SESSF GHT trap fishing permit 20
11.5Amount of levy — leviable SESSF GHT fishing permit 21
11.6When levy must be paid — SESSF fishing permits 22
Division 3Statutory fishing rights
11.7Amount of levy — leviable SESSF GAB trawl boat SFR 23
11.8Amount of levy — leviable SESSF gillnet boat SFR 23
11.9Amount of levy — leviable SESSF scalefish hook boat SFR 23
11.10Amount of levy — leviable SESSF shark hook boat SFR 23
11.11Amount of levy — leviable SESSF trawl boat SFR 24
11.12Amount of levy — leviable SESSF quota SFR 24
11.13When levy must be paid — leviable SESSF SFR 25
Part 12Southern Bluefin Tuna Fishery
12.1Definition — leviable SBTF SFR 27
12.2Amount of levy 27
12.3When levy must be paid 27
Part 13Southern Squid Jig Fishery
13.1Definition — leviable SSJF gear SFR 28
13.2Amount of levy 28
13.3When levy must be paid 28
Part 14Western Deepwater Trawl Fishery
14.1Definition — leviable WDWTF fishing permit 29
14.2Amount of levy 29
14.3When levy must be paid 29
Part 15Western Tuna and Billfish Fishery
15.1Definitions 30
15.2Amount of levy — leviable WTBF Boat SFR 30
15.3Amount of levy — leviable WTBF Bigeye Tuna quota SFR 30
15.4Amount of levy — leviable WTBF Broadbill Swordfish quota SFR 31
15.5Amount of levy — leviable WTBF Striped Marlin quota SFR 31
15.6Amount of levy — leviable WTBF Yellowfin Tuna quota SFR 31
15.7When levy must be paid — SFRs in force on 1 January 2011 32
Part 1 Preliminary
1.1Name of Regulations
These Regulations are the Fishing Levy Regulations 2010.
1.2Commencement
These Regulations commence on the day after they are registered.
1.3Repeal
The Fishing Levy Regulations 2009 are repealed.
1.4Interpretation
(1)In these Regulations:
AFMA means the Australian Fisheries Management Authority.
invoice date, for levy or an instalment of levy, means the date specified as the date of issue on the invoice generated 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.
SFR means a statutory fishing right.
Note Several words and expressions used in these Regulations have the meaning given by the Management Act. For example:
·fishing permit
·statutory fishing right.
(2)Unless the contrary intention appears, an expression that is used in these Regulations and in the Management Regulations has the same meaning in these Regulations as it has in the Management Regulations.
(3)Unless the contrary intention appears, an expression that is used in these Regulations in relation to a fishery for which there is a plan of management determined under section 17 of the Management Act, and that is also used in that plan, has the same meaning in these Regulations as it has in the plan.
1.5References to fisheries
A reference in these Regulations to the name of a fishery that is described by that name in regulation 4B of the Management Regulations or in a plan of management determined 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 North West Slope Fishery;
(c)the Western Deepwater Trawl Fishery.
Note 2 The following fisheries are described in plans of management determined 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. S 422 of 7 November 2002);
(b)the Eastern Tuna and Billfish Fishery — see the Eastern Tuna and Billfish Fishery Management Plan 2005 (registered in the Federal Register of Legislative Instruments on 21 October 2005, number F2005L03186);
(c)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);
(d)the Macquarie Island Toothfish Fishery — see the Macquarie Island Toothfish Fishery Management Plan 2006 (notified in Gazette No. GN 21 of 31 May 2006);
(e)the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995 (notified in Gazette No. S 49 of 10 February 1995);
(f)the Small Pelagic Fishery — see the Small Pelagic Fishery Management Plan 2009 (notified in Gazette No. GN2 of 20 January 2010);
(g)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);
(h)the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S 34 of 3 February 1995);
(i)the Southern Squid Jig Fishery — see the Southern Squid Jig Fishery Management Plan 2005 (notified in Gazette No. S 72 of 28 April 2005);
(j)the Western Tuna and Billfish Fishery — see the Western Tuna and Billfish Fishery Management Plan 2005 (registered in the Federal Register of Legislative Instruments on 21 October 2005, number F2005L03187).
Part 2 Bass Strait Central Zone Scallop Fishery
2.1Definition — leviable BSCZSF COM SFR
In this Part:
leviable BSCZSF COM SFR means a quota statutory fishing right that is:
(a)granted under the Management Act for the Bass Strait Central Zone Scallop Fishery; and
(b)in force on 1 January 2011.
2.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF COM SFR is $0.66.
2.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable BSCZSF COM SFR is due and payable on the later of:
(a)29 January 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 3 Coral Sea Fishery
3.1Definition — leviable CSF fishing permit
In this Part:
leviable CSF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the Coral Sea Fishery; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2011.
3.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable CSF fishing permit is the sum of:
(a)$12 806.11; and
(b)an amount for each sector of the Fishery to which the permit relates, as set out in the table.
|
Item |
For this sector ... |
the amount is ... |
| 1 | Aquarium | $1 395.13 |
| 2 | Lobster and trochus collection | $1 395.13 |
| 3 | Demersal line and trap | $3 348.32 |
| 4 | Demersal trawl and trap | $3 348.32 |
| 5 | Sea cucumber hand collection | $1 395.13 |
3.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable CSF fishing permit is due and payable on the later of:
(a)31 March 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 4 Eastern Tuna and Billfish Fishery
4.1Definitions
In this Part:
leviable ETBF boat permit means a boat permit that is:
(a)granted under the Management Act for the Eastern Tuna and Billfish Fishery; and
(b)in force on 1 January 2011.
leviable ETBF longline SFR means a longline SFR that is:
(a)granted under the Management Act for the Eastern Tuna and Billfish Fishery; and
(b)in force on 1 January 2011.
leviable ETBF minor line SFR means a minor line SFR that is:
(a)granted under the Management Act for the Eastern Tuna and Billfish Fishery; and
(b)in force on 1 January 2011.
4.2Amount of levy — leviable ETBF boat permit
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF boat permit is $2 095.00.
4.3Amount of levy — leviable ETBF longline SFR
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF longline SFR is $1.33.
4.4Amount of levy — leviable ETBF minor line SFR
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF minor line SFR is $2 095.00.
4.5When levy must be paid
For section 110 of the Management Act, levy payable for a leviable ETBF boat permit, a leviable ETBF longline SFR or a leviable ETBF minor line SFR is due and payable on the later of:
(a)1 May 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 5 Heard Island and McDonald Islands Fishery
5.1Definition — leviable HIMI SFR
In this Part:
leviable HIMI SFR means a statutory fishing right that is:
(a)granted under the Management Act for the Heard Island and McDonald Islands Fishery; and
(b)in force on the commencement of these Regulations.
5.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $17.61.
5.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable HIMI SFR may be paid in 2 equal instalments.
(3)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)16 March 2011; and
(b)28 days after the invoice date for the levy.
(4)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)16 March 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)15 June 2011; and
(ii)28 days after the invoice date for the instalment.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 6 Informally managed fisheries
6.1Definitions
In this Part:
informally managed fishery means a commercial fishing activity that is managed under the Management Act but that is not a fishing activity:
(a)to which a management plan applies; or
(b)mentioned in regulation 4B of the Management Regulations.
leviable IMF fishing permit means a fishing permit that is:
(a)granted under the Management Act for an informally managed fishery; and
(b)in force on 3 March 2011.
6.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable IMF fishing permit is $6 652.56.
6.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable IMF fishing permit is due and payable on the later of:
(a)31 March 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 7 Macquarie Island Toothfish Fishery
7.1Definition — leviable MITF SFR
In this Part:
leviable MITF SFR means a statutory fishing right that is:
(a)granted under the Management Act for the Macquarie Island Toothfish Fishery; and
(b)in force on the commencement of these Regulations.
7.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $12.60.
7.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable MITF SFR may be paid in 2 equal instalments.
(3)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)1 February 2011; and
(b)28 days after the invoice date for the levy.
(4)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)1 February 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)1 April 2011; and
(ii)28 days after the invoice date for the instalment.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 8 Northern Prawn Fishery
8.1Definition — leviable NPF gear SFR
In this Part:
leviable NPF gear SFR means a gear statutory fishing right that is:
(a)granted under the Management Act for the Northern Prawn Fishery; and
(b)in force on the commencement of these Regulations.
8.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $57.79.
8.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable NPF gear SFR may be paid in 2 equal instalments.
(3)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)29 January 2011; and
(b)28 days after the invoice date for the levy.
(4)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)29 January 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)20 May 2011; and
(ii)28 days after the invoice date for the instalment.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 9 North West Slope Fishery
9.1Definition — leviable NWSF fishing permit
In this Part:
leviable NWSF fishing permit means a fishing permit that is granted under the Management Act for the North West Slope Fishery.
9.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSF fishing permit is $17 922.00.
9.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable NWSF fishing permit may be paid in 2 equal instalments.
(3)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)29 January 2011; and
(b)28 days after the invoice date for the levy.
(4)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)29 January 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)20 May 2011; and
(ii)28 days after the invoice date for the instalment.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 10 Small Pelagic Fishery
10.1Definition — leviable SPF fishing permit
In this Part:
leviable SPF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the Small Pelagic Fishery; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 3 March 2011.
10.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF fishing permit is $6652.56.
10.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable SPF fishing permit is due and payable on the later of:
(a)31 March 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 11 Southern and Eastern Scalefish and Shark Fishery
Division 1 Preliminary
11.1Interpretation
(1)In this Part:
Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.
Quota Unit Register means the register maintained by AFMA that sets out the units of quota species that each fishing permit holder may take.
SESSF means the Southern and Eastern Scalefish and Shark Fishery.
(2)In this Part:
(a)a reference to a sector or a zone by name is a reference to the sector or zone of that name described in the Plan; and
(b)a reference to a statutory fishing right is a reference to a right granted under the Management Act in accordance with the Plan; and
(c)a reference to a fishing permit is a reference to a permit granted under the Management Act in accordance with the Plan, unless otherwise stated.
Division 2 Fishing permits
11.2Amount of levy — leviable SESSF ECDT fishing permit
(1)In this regulation:
leviable SESSF ECDT fishing permit means a fishing permit that:
(a)is granted under the Management Act for the Southern and Eastern Scalefish and Shark Fishery; and
(b)authorises fishing by trawling methods for the East Coast Deepwater Trawl Sector; and
(c)is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF ECDT is $3 496.96.
11.3Amount of levy — leviable SESSF VCW fishing permit
(1)In this regulation:
leviable SESSF VCW fishing permit means a fishing permit that:
(a)is granted under the Management Act for the Victorian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; and
(b)authorises fishing by trawling methods; and
(c)is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF VCW fishing permit is $1 687.23.
11.4Amount of levy — leviable SESSF GHT trap fishing permit
(1)In this regulation:
leviable SESSF GHT trap fishing permit:
(a)means a fishing permit that:
(i)is granted under the Management Act; and
(ii)authorises fishing with fish traps in the Commonwealth Scalefish Hook Sector of the Southern and Eastern Scalefish and Shark Fishery; and
(iii)is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011; but
(b)does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat statutory fishing right granted under the Plan.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF GHT trap fishing permit is $7 038.60.
11.5Amount of levy — leviable SESSF GHT fishing permit
(1)In this regulation:
leviable SESSF GHT fishing permit:
(a)means a fishing permit that:
(i)is granted under the Management Act for:
(A)the South Australian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; or
(B)the Tasmanian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; or
(C)the Tasmanian Rock Lobster Sector of the Southern and Eastern Scalefish and Shark Fishery; and
(ii)authorises the taking of fish of 1 or more SESSF GHT quota species; and
(iii)is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011; but
(b)does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat statutory fishing right granted under the Plan.
Note SESSF GHT fishing permits are granted under the Plan to replace OCS permits: see sections 39, 40, 41 and 43 of the Plan.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF GHT trap fishing permit is $3 066.54.
11.6When levy must be paid — SESSF fishing permits
(1)In this regulation:
leviable SESSF fishing permit means:
(a)a leviable SESSF ECDT fishing permit within the meaning given by subregulation 11.2 (1); or
(b)a leviable SESSF VCW fishing permit within the meaning given by subregulation 11.3 (1); or
(c)a leviable SESSF GHT trap fishing permit within the meaning given by subregulation 11.4 (1); or
(d)a leviable SESSF GHT fishing permit within the meaning given by subregulation 11.5 (1).
(2)This regulation is made for sections 110 and 111 of the Management Act.
(3)Levy payable for a leviable SESSF fishing permit may be paid in 2 equal instalments.
(4)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)29 January 2011; and
(b)28 days after the invoice date for the levy.
(5)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)29 January 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)16 April 2011; and
(ii)28 days after the invoice date for the instalment.
(6)Levy payable for a leviable SESSF fishing permit that is in force on 16 April 2011 but not on 29 January 2011 is due and payable 28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Division 3 Statutory fishing rights
11.7Amount of levy — leviable SESSF GAB trawl boat SFR
(1)In this regulation:
leviable SESSF GAB trawl boat SFR means a GAB trawl boat statutory fishing right that is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF GAB trawl boat SFR is $30 068.23.
11.8Amount of levy — leviable SESSF gillnet boat SFR
(1)In this regulation:
leviable SESSF gillnet boat SFR means a gillnet boat statutory fishing right that is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF gillnet boat SFR is $2 996.85.
11.9Amount of levy — leviable SESSF scalefish hook boat SFR
(1)In this regulation:
leviable SESSF scalefish hook boat SFR means a scalefish hook boat statutory fishing right that is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF scalefish hook boat SFR is $7 038.60.
11.10Amount of levy — leviable SESSF shark hook boat SFR
(1)In this regulation:
leviable SESSF shark hook boat SFR means a shark hook boat statutory fishing right that is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF shark hook boat SFR is $2 996.85.
11.11Amount of levy — leviable SESSF trawl boat SFR
(1)In this regulation:
leviable SESSF trawl boat SFR means a trawl boat statutory fishing right that is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF trawl boat SFR is $8 673.89.
11.12Amount of levy — leviable SESSF quota SFR
(1)In this regulation:
leviable SESSF quota SFR means a quota statutory fishing right that:
(a)authorises the holder to take a particular species, or a particular species in a particular sector or zone, as specified in Table 11.12; and
(b)is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF quota SFR that authorises the taking of a particular species, or a particular species in a particular sector or zone, is the amount specified in Table 11.12 for that species, or that species in a sector or zone.
Table 11.12 Amounts of levy per quota SFR for quota species
|
Item |
Quota species |
Sector or zone |
Amount of levy ($) |
| 1 | Bight redfish | 0.0063 | |
| 2 | Blue eye trevalla | 0.1301 | |
| 3 | Blue grenadier | 0.1380 | |
| 4 | Blue warehou | 0.0223 | |
| 5 | Deepwater flathead | 0.0031 | |
| 6 | Elephantfish | 0.1528 | |
| 7 | Flathead | 0.1806 | |
| 8 | Gemfish | Eastern sector | 0.0923 |
| 9 | Gemfish | Western sector | 0.0564 |
| 10 | Gummy Shark | 0.3519 | |
| 11 | Jackass morwong | 0.0536 | |
| 12 | John dory | 0.2023 | |
| 13 | Mirror dory | 0.0977 | |
| 14 | Ocean perch | 0.1221 | |
| 15 | Orange roughy | Albany and Esperance | 0.0035 |
| 16 | Orange roughy | Cascade Plateau zone | 0.0316 |
| 17 | Orange roughy | Eastern zone | 0.0037 |
| 18 | Orange roughy | Southern zone | 0.0002 |
| 19 | Orange roughy | Western zone | 0.0019 |
| 20 | Pink ling | 0.2450 | |
| 21 | Redfish | 0.0782 | |
| 22 | Royal red prawn | 0.0271 | |
| 23 | Saw Shark | 0.1631 | |
| 24 | School Shark | 0.1574 | |
| 25 | School whiting | 0.0273 | |
| 26 | Silver trevally | 0.0758 | |
| 27 | Spotted warehou | 0.1719 |
11.13When levy must be paid — leviable SESSF SFR
(1)In this regulation:
leviable SESSF SFR means:
(a)a leviable SESSF GAB trawl boat SFR within the meaning given by subregulation 11.7 (1); or
(b)a leviable SESSF gillnet boat SFR within the meaning given by subregulation 11.8 (1); or
(c)a leviable SESSF scalefish hook boat SFR within the meaning given by subregulation 11.9 (1); or
(d)a leviable SESSF shark hook boat SFR within the meaning given by subregulation 11.10 (1); or
(e)a leviable SESSF trawl boat SFR within the meaning given by subregulation 11.11 (1); or
(f)a leviable SESSF quota SFR within the meaning given by subregulation 11.12 (1).
(2)This regulation is made for sections 110 and 111 of the Management Act.
(3)Levy payable for a leviable SESSF SFR may be paid in 2 equal instalments.
(4)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)29 January 2011; and
(b)28 days after the invoice date for the levy.
(5)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)29 January 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)16 April 2011; and
(ii)28 days after the invoice date for the instalment.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 12 Southern Bluefin Tuna Fishery
12.1Definition — leviable SBTF SFR
In this Part:
leviable SBTF SFR means a statutory fishing right that is:
(a)described in section 8 of the Southern Bluefin Tuna Fishery Management Plan 1995; and
(b)in force on 15 January 2011.
12.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.20.
12.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable SBTF SFR is due and payable on the later of:
(a)11 February 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 13 Southern Squid Jig Fishery
13.1Definition — leviable SSJF gear SFR
In this Part:
leviable SSJF gear SFR means a gear statutory fishing right that is:
(a)granted under the Southern Squid Jig Fishery Management Plan 2005; and
(b)in force on 1 January 2011.
13.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $23.90.
13.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable SSJF gear SFR is due and payable on the later of:
(a)28 February 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 14 Western Deepwater Trawl Fishery
14.1Definition — leviable WDWTF fishing permit
In this Part:
leviable WDWTF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the Western Deepwater Trawl Fishery; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2011.
14.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $11 859.21.
14.3When levy must be paid
For section 110 of the Management Act, levy payable for a leviable WDWTF fishing permit is due and payable on the later of:
(a)29 January 2011; and
(b)28 days after the invoice date for the levy.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Part 15 Western Tuna and Billfish Fishery
15.1Definitions
(1)In this Part:
Plan means the Western Tuna and Billfish Fishery Management Plan 2005.
WTBF means the Western Tuna and Billfish Fishery.
(2)In this Part, a reference to a statutory fishing right is a reference to a right granted under the Management Act in accordance with the Plan.
15.2Amount of levy — leviable WTBF Boat SFR
(1)In this regulation:
leviable WTBF Boat SFR means a WTBF Boat SFR that is:
(a)granted under the Management Act for the Western Tuna and Billfish Fishery
(b)in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Boat SFR is $1 296.50.
15.3Amount of levy — leviable WTBF Bigeye Tuna quota SFR
(1)In this regulation:
leviable WTBF Bigeye Tuna quota SFR means a quota SFR that:
(a)is granted under the Management Act for the Western Tuna and Billfish Fishery; and
(b) authorises the holder to take Bigeye Tuna; and
(c)is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Bigeye Tuna quota SFR is $0.07.
15.4Amount of levy — leviable WTBF Broadbill Swordfish quota SFR
(1)In this regulation:
leviable WTBF Broadbill Swordfish quota SFR means a quota SFR that:
(a)is granted under the Management Act for the Western Tuna and Billfish Fishery; and
(b) authorises the holder to take Broadbill Swordfish; and
(c)is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Broadbill Swordfish quota SFR is $0.07.
15.5Amount of levy — leviable WTBF Striped Marlin quota SFR
(1)In this regulation:
leviable WTBF Striped Marlin quota SFR means a quota SFR that:
(a)is granted under the Management Act for the Western Tuna and Billfish Fishery; and
(b) authorises the holder to take Striped Marlin; and
(c)in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Striped Marlin quota SFR is $0.07.
15.6Amount of levy — leviable WTBF Yellowfin Tuna quota SFR
(1)In this regulation:
leviable WTBF Yellowfin Tuna quota SFR means a quota SFR that:
(a)is granted under the Management Act for the Western Tuna and Billfish Fishery; and
(b) authorises the holder to take Yellowfin Tuna; and
(c)is in force on 1 January 2011.
(2)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Yellowfin Tuna quota SFR is $0.07.
15.7When levy must be paid — SFRs in force on 1 January 2011
(1)In this regulation:
leviable SFR means:
(a)a leviable WTBF Boat SFR within the meaning given by subregulation 15.2 (1); or
(b)a leviable WTBF Bigeye Tuna quota SFR within the meaning given by subregulation 15.3 (1); or
(c)a leviable WTBF Broadbill Swordfish quota SFR within the meaning given by subregulation 15.4 (1); or
(d)a leviable WTBF Striped Marlin quota SFR within the meaning given by subregulation 15.5 (1); or
(e)a leviable WTBF Yellowfin Tuna quota SFR within the meaning given by subregulation 15.6 (1).
(2)This regulation is made for sections 110 and 111 of the Management Act.
(3)Levy payable for a leviable SFR may be paid in 2 equal instalments.
(4)If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2011; and
(b)28 days after the invoice date for the levy.
(5)If levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2011; and
(ii)28 days after the invoice date for the levy; and
(b)the second instalment is due and payable on the later of:
(i)1 May 2011; and
(ii)28 days after the invoice date for the instalment.
Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right.
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
0
0
0