Fishing Levy Regulations 2011 (Cth)
Fishing Levy Regulations 20111
Select Legislative Instrument 2011 No. 241
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 7 December 2011
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 5
1.2Commencement 5
1.3Repeal 5
1.4Interpretation 5
1.5References to fisheries 6
Part 2Bass Strait Central Zone Scallop Fishery
2.1Definitions 7
2.2Amount of levy 7
2.3When levy must be paid 7
Part 3Coral Sea Fishery
3.1Definitions 9
3.2Amount of levy 9
3.3When levy must be paid 9
Part 4Eastern Skipjack Fishery
4.1Definitions 11
4.2Amount of levy 11
4.3When levy must be paid 11
Part 5Eastern Tuna and Billfish Fishery
5.1Definitions 13
5.2Amount of levy 14
5.3When levy must be paid 14
Part 6Heard Island and McDonald Islands Fishery
6.1Definitions 16
6.2Amount of levy 16
6.3When levy must be paid 16
Part 7Informally managed fisheries
7.1Definitions 18
7.2Amount of levy 18
7.3When levy must be paid 18
Part 8Macquarie Island Toothfish Fishery
8.1Definitions 19
8.2Amount of levy 19
8.3When levy must be paid 19
Part 9Northern Prawn Fishery
9.1Definitions 21
9.2Amount of levy 21
9.3When levy must be paid 21
Part 10North West Slope Trawl Fishery
10.1Definitions 23
10.2Amount of levy 23
10.3When levy must be paid 23
Part 11Small Pelagic Fishery
Division 1Preliminary
11.1Definitions 25
Division 2Fishing permit
11.2Amount of levy — leviable SPF fishing permit 25
11.3When levy must be paid — leviable SPF fishing permit 25
Division 3Statutory fishing right
11.4Amount of levy — leviable SPF SFR 26
11.5When levy must be paid — leviable SPF SFR 26
Part 12Southern and Eastern Scalefish and Shark Fishery
Division 1Preliminary
12.1Definitions 27
Division 2Fishing permits
12.2Amount of levy 29
12.3When levy must be paid — SESSF fishing permits 29
Division 3Statutory fishing rights
12.4Amount of levy 30
12.5When levy must be paid — leviable SESSF SFR 32
Part 13Southern Bluefin Tuna Fishery
13.1Definitions 34
13.2Amount of levy 34
13.3When levy must be paid 34
Part 14Southern Squid Jig Fishery
14.1Definitions 36
14.2Amount of levy 36
14.3When levy must be paid 36
Part 15Western Deepwater Trawl Fishery
15.1Definitions 38
15.2Amount of levy 38
15.3When levy must be paid 38
Part 16Western Skipjack Fishery
16.1Definitions 40
16.2Amount of levy 40
16.3When levy must be paid 40
Part 17Western Tuna and Billfish Fishery
17.1Interpretation 42
17.2Amount of levy 43
17.3When levy must be paid 43
Part 1 Preliminary
1.1Name of Regulations
These Regulations are the Fishing Levy Regulations 2011.
1.2Commencement
These Regulations commence on the day after they are registered.
1.3Repeal
The Fishing Levy Regulations 2010 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 The following fisheries are described in regulation 4B of the Management Regulations:
(a)Coral Sea Fishery;
(b)Eastern Skipjack Fishery;
(c)North West Slope Trawl Fishery;
(d)Western Deepwater Trawl Fishery;
(e)Western Skipjack Fishery.
Part 2 Bass Strait Central Zone Scallop Fishery
2.1Definitions
In this Part:
BSCZSF means the Bass Strait Central Zone Scallop Fishery.
leviable BSCZSF SFR means a commercial scallop quota SFR that is:
(a)granted under the Management Act for the BSCZSF; and
(b)in force on commencement of these Regulations.
2.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF SFR is $1.05.
2.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable BSCZSF SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 3 Coral Sea Fishery
3.1Definitions
In this Part:
CSF means Coral Sea Fishery.
leviable CSF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the CSF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
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)$14 918.72; and
(b)an amount for each sector of the CSF to which the permit relates, as set out in the table.
Item
For this sector ...
the amount is ...
1 Aquarium $1 442.27 2 Lobster and trochus collection $1 442.27 3 Demersal line and trap $3 461.44 4 Demersal trawl and trap $3 461.44 5 Sea cucumber hand collection $1 442.27
3.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable CSF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 4 Eastern Skipjack Fishery
4.1Definitions
In this Part:
ESF means Eastern Skipjack Fishery.
leviable ESF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the ESF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
4.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ESF fishing permit is $2 122.22.
4.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable ESF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 5 Eastern Tuna and Billfish Fishery
5.1Definitions
In this Part:
ETBF means Eastern Tuna and Billfish Fishery
leviable ETBF Albacore Tuna SFR means a quota SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Bigeye Tuna SFR means a quota SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Broadbill Swordfish SFR means a quota SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Longline boat SFR means a longline boat SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Minor line boat SFR means a minor line boat SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Striped Marlin SFR means a quota SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable ETBF Yellowfin Tuna SFR means a quota SFR that is:
(a)granted under the Management Act for the ETBF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
5.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1 leviable ETBF Albacore Tuna SFR $0.1032 2 leviable ETBF Bigeye Tuna SFR $0.2284 3 leviable ETBF Broadbill Swordfish SFR $0.2942 4 leviable ETBF Longline boat SFR $3 033.85 5 leviable ETBF Minor line boat SFR $1 311.84 6 leviable ETBF Striped Marlin SFR $0.0826 7 leviable ETBF Yellowfin Tuna SFR $0.6006
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 ETBF mentioned in clause 5.2 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 6 Heard Island and McDonald Islands Fishery
6.1Definitions
In this Part:
HIMI means Heard Island and McDonald Islands Fishery.
leviable HIMI SFR means a SFR that is:
(a)granted under the Management Act for the HIMI; and
(b)in force on the commencement of these Regulations.
6.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $13.58.
6.3When 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 one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 7 Informally managed fisheries
7.1Definitions
In this Part:
IMF means an informally managed 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 IMF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
7.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable IMF fishing permit is $3 255.09.
7.3When levy must be paid
(1)This regulation is made for section 110 of the Management Act.
(2)Levy payable for a leviable IMF fishing permit is due and payable on the later of:
(a)28 February 2012; 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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 8 Macquarie Island Toothfish Fishery
8.1Definitions
In this Part:
leviable MITF SFR means a SFR that is:
(a)granted under the Management Act for the MITF; and
(b)in force on the commencement of these Regulations.
MITF means Macquarie Island Toothfish Fishery.
8.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $6.81.
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 MITF SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 9 Northern Prawn Fishery
9.1Definitions
In this Part:
leviable NPF gear SFR means a gear SFR that is:
(a)granted under the Management Act for the NPF; and
(b)in force on the commencement of these Regulations.
NPF means Northern Prawn Fishery.
9.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $66.23.
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 NPF gear SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 10 North West Slope Trawl Fishery
10.1Definitions
In this Part:
leviable NWSTF fishing permit means a fishing permit that is:
(a) granted under the Management Act for the NWSTF; and
(b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
NWSTF means North West Slope Trawl Fishery.
10.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSTF fishing permit is $15 165.00.
10.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable NWSTF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 11 Small Pelagic Fishery
Division 1 Preliminary
11.1Definitions
In this Part:
leviable SPF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the SPF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable SPF SFR means any number of statutory fishing rights that are:
(a)granted under the Management Act for the SPF to the same person; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
SPF means Small Pelagic Fishery.
Division 2 Fishing permit
11.2Amount of levy — leviable SPF fishing permit
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF fishing permit is $3 255.09.
11.3When levy must be paid — leviable SPF fishing permit
(1)This regulation is made for section 110 of the Management Act.
(2)Levy payable for a leviable SPF fishing permit is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
Division 3 Statutory fishing right
11.4Amount of levy — leviable SPF SFR
(1)For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF SFR is $3 255.09.
(2)However, for a person who:
(a)was a holder of a leviable SPF fishing permit or a leviable IMF fishing permit mentioned in regulation 7.1 before 30 June 2012; and
(b)has paid the levy amount for a leviable SPF fishing permit or a leviable IMF fishing permit; and
(c)is the holder of a leviable SPF SFR when the levy, or the first instalment of the levy, must be paid under regulation 11.5;
the prescribed amount of levy payable for a leviable SPF SFR is nil.
11.5When levy must be paid — leviable SPF SFR
(1)This regulation is made for section 110 of the Management Act.
(2)Levy payable for a leviable SPF fishing permit is due and payable on the later of:
(a)the day the leviable SPF fishing permit is granted; 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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 12 Southern and Eastern Scalefish and Shark Fishery
Division 1 Preliminary
12.1Definitions
(1)In this Part:
ECDT sector means East Coast Deepwater Trawl sector.
GHT means Gillnet, Hook and Trap Fishery.
leviable SESSF ECDT fishing permit means a fishing permit that:
(a)is granted under the Management Act for the SESSF; and
(b)authorises fishing by trawling methods for the ECDT sector; and
(c)is in force at any time during the period starting on commencement of these Regulations and ending on 30 April 2012.
leviable SESSF GAB trawl boat SFR means a GAB trawl boat SFR that is in force on commencement of these Regulations.
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 SESSF; or
(B)the Tasmanian Coastal Waters Sector of the SESSF; or
(C)the Tasmanian Rock Lobster Sector of the SESSF; and
(ii)authorises the taking of fish of one or more SESSF GHT quota species; and
(iii)is in force at any time during the period starting on 1 January 2012 and ending on 30 April 2012; 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 SFR granted under the Plan.
Note SESSF GHT fishing permits are granted under the Plan to replace OCS permits — see sections 39 to 41 and 43 of the Plan.
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 SESSF; and
(iii)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 April 2012; 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 SFR granted under the Plan.
leviable SESSF gillnet boat SFR means a gillnet boat SFR that is in force on commencement of these Regulations.
leviable SESSF quota SFR means a quota SFR that:
(a)authorises the holder to take a particular species, or a particular species in a particular sector or zone, that are mentioned in the table in subregulation 12.4 (2); and
(b)is in force on commencement of these Regulations.
leviable SESSF scalefish hook boat SFR means a scalefish hook boat SFR that is in force on commencement of these Regulations.
leviable SESSF shark hook boat SFR means a shark hook boat SFR that is in force on commencement of these Regulations.
leviable SESSF trawl boat SFR means a trawl boat SFR that is in force on commencement of these Regulations.
leviable SESSF VCW fishing permit means a fishing permit that:
(a)is granted under the Management Act for the VCW of the SESSF; and
(b)authorises fishing by trawling methods; and
(c)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 April 2012.
Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.
SESSF means the Southern and Eastern Scalefish and Shark Fishery.
VCW sector means the Victorian Coastal Waters Sector of the SESSF.
Division 2 Fishing permits
12.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the fishing permit mentioned in the item.
Item
For this fishing permit ...
the amount is ...
1 leviable SESSF ECDT fishing permit $3 988.45 2 leviable SESSF GHT fishing permit $6 108.38 3 leviable SESSF GHT trap fishing permit $13 694.43 4 leviable SESSF VCW fishing permit $1 347.35
12.3When levy must be paid — SESSF fishing permits
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a fishing permit mentioned in regulation 12.2 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Division 3 Statutory fishing rights
12.4Amount of levy
(1)For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1 leviable SESSF GAB trawl boat SFR $36 921.24 2 leviable SESSF gillnet boat SFR $5 830.73 3 leviable SESSF scalefish hook boat SFR $14 183.52 4 leviable SESSF shark hook boat SFR $5 830.73 5 leviable SESSF trawl boat SFR $10 626.53
(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 mentioned in the table for that species, or that species in a sector or zone.
Item
Quota species
Sector or zone
Amount of levy
1 Bight redfish $0.0049 2 Blue eye trevalla $0.1337 3 Blue grenadier $0.1521 4 Blue warehou $0.0150 5 Deepwater flathead $0.0050 6 Elephantfish $0.1515 7 Flathead $0.2558 8 Gemfish Eastern sector $0.0790 9 Gemfish Western sector $0.0623 10 Gummy shark $0.4173 11 Jackass morwong $0.0530 12 John dory $0.1590 13 Mirror dory $0.1203 14 Ocean perch $0.1563 15 Orange roughy Albany and Esperance $0.0052 16 Orange roughy Cascade Plateau zone $0.0361 17 Orange roughy Eastern zone $0.0048 18 Orange roughy Southern zone $0.0005 19 Orange roughy Western zone $0.0041 20 Pink ling $0.2843 21 Redfish $0.0523 22 Royal red prawn $0.0327 23 Saw shark $0.2408 24 School shark $0.2228 25 School whiting $0.0314 26 Silver trevally $0.0806 27 Spotted warehou $0.1680
12.5When levy must be paid — leviable SESSF SFR
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable SFR mentioned in regulation 12.4 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 13 Southern Bluefin Tuna Fishery
13.1Definitions
In this Part:
leviable SBTF SFR means a SFR that is:
(a)granted under the Management Act for the SBTF; and
(b)described in section 8 of the Southern Bluefin Tuna Fishery Management Plan 1995; and
(c)in force on commencement of these Regulations.
SBTF means Southern Bluefin Tuna Fishery.
13.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.22.
13.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable SBTF SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 14 Southern Squid Jig Fishery
14.1Definitions
In this Part:
leviable SSJF gear SFR means a gear SFR that is:
(a)granted under the Management Act for the SSJF; and
(b)described in the Southern Squid Jig Fishery Management Plan 2005; and
(c)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
SSJF means Southern Squid Jig Fishery.
14.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $23.58.
14.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable SSJF gear SFR may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 15 Western Deepwater Trawl Fishery
15.1Definitions
In this Part:
leviable WDWTF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the WDWTF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
WDWTF means Western Deepwater Trawl Fishery.
15.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $7 434.00.
15.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable WDWTF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 16 Western Skipjack Fishery
16.1Definitions
In this Part:
leviable WSF fishing permit means a fishing permit that is:
(a)granted under the Management Act for the WSF; and
(b)in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
WSF means Western Skipjack Fishery.
16.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WSF fishing permit is $2 122.22.
16.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable WSF fishing permit may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Part 17 Western Tuna and Billfish Fishery
17.1Interpretation
(1)In this Part:
leviable WTBF Bigeye Tuna quota SFR means a quota SFR that:
(a)is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Bigeye Tuna; and
(c)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable WTBF Boat SFR means a WTBF Boat SFR that:
(a)is granted under the Management Act for the WTBF; and
(b)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable WTBF Broadbill Swordfish quota SFR means a quota SFR that:
(a)is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Broadbill Swordfish; and
(c)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable WTBF Striped Marlin quota SFR means a quota SFR that:
(a)is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Striped Marlin; and
(c)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
leviable WTBF Yellowfin Tuna quota SFR means a quota SFR that:
(a)is granted under the Management Act for the WTBF; and
(b) authorises the holder to take Yellowfin Tuna; and
(c)is in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2012.
WTBF means the Western Tuna and Billfish Fishery.
17.2Amount of levy
For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.
Item
For this SFR ...
the amount is ...
1 leviable WTBF Boat SFR $1 270.12 2 leviable WTBF Bigeye Tuna quota SFR $0.0613 3 leviable WTBF Broadbill Swordfish quota SFR $0.0613 4 leviable WTBF Striped Marlin quota SFR $0.0613 5 leviable WTBF Yellowfin Tuna quota SFR $0.0613
17.3When levy must be paid
(1)This regulation is made for sections 110 and 111 of the Management Act.
(2)Levy payable for a leviable SFR mentioned in regulation 17.2 may be paid in one payment of the full amount or 2 or 3 equal instalments.
(3)If the levy is paid by making one payment of the full amount due, the payment is due and payable on the later of:
(a)28 February 2012; and
(b)28 days after the invoice date for the levy.
(4)If the levy is paid in 2 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy.
(5)If the levy is paid in 3 instalments:
(a)the first instalment is due and payable on the later of:
(i)28 February 2012; 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 April 2012; and
(ii)28 days after the invoice date for the levy; and
(c)the third instalment is due and payable on the later of:
(i)14 June 2012; and
(ii)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 SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.
Note
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