Fishing Levy Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 303 1

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Fishing Levy Regulations 2(Amendment)

I, The 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 17 November 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

M. J. LEE

Minister for Resources

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1.   Amendment

1.1   The Fishing Levy Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Subregulation 2 (1) (definition of “Act”):

Omit the definition, substitute:

“ ‘Levy Act’ means the Fishing Levy Act 1991;

‘Management Act’ means the Fisheries Management Act 1991.”.

2.2   Subregulation 2 (1):

Insert the following definition:

“ ‘informally managed fishery’ means any fishery, except a fishery for which there is:

• (a)

  an instrument in force:

  • (i)

    to which paragraph 5 (a), (b), (ba), (bb), (bc), (bd) or (c) of the Fisheries Levy Act 1984 applies; and

  • (ii)

    in respect of which an amount of levy is prescribed in regulations, except the Fisheries Levy Regulations, in force under that Act; or

• (b)

  a fishing concession in respect of which an amount of levy is prescribed in regulations, except these Regulations, in force under the Fishing Levy Act 1991;”.

2.3   Subregulation 2 (2):

Omit the subregulation.

3.   Regulation 3 (Amount of levy)

3.1   Omit the regulation, substitute:

Amount of levy

“3.

(1) For the purposes of section 6 of the Levy Act, the amount of levy prescribed for a fishing concession in respect of a boat for an informally managed fishery, except a fishing concession granted to a person specified in subregulation (2), is $700.

“(2)

For the purposes of subregulation (1), the following persons are specified:

• (a)

  a person holding a fishing concession:

  • (i)

    for any informally managed fishery in respect of the boat; and

  • (ii)

    for which levy has been paid;

• (b)

  a person holding a licence under the Fisheries Act 1952 :

   (i) for any informally managed fishery in respect of the boat; and

   (ii) for which levy has been paid;

• (c)

  a person holding a fishing concession that authorises only the testing of fishing equipment.

[NOTE: The Fisheries Legislation (Consequential Provisions) Act 1991 provides that a licence granted under section 9 of the Fisheries Act 1952 continues in force under the Fisheries Management Act 1991.]

4.   Regulation 4 (When is levy payable?)

4.1   Omit the regulation, substitute:

When levy is due and payable

 “4. For the purposes of section 110 of the Management Act, levy is due and payable:

• (a)

  on the grant of a fishing concession; and

• (b)

  on each anniversary of the grant.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 November 1993.

2. Statutory Rules 1992 No. 59.