Fishing Levy Regulations (Cth)

Fishing Levy Regulations

SR 1997 No. 312 as amended

made under the

Fishing Levy Act 1991 and the Fisheries Management Act 1991

Consolidated as in force on 29 September 1998

(includes amendments up to SR 1998 No. 205)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Fishing Levy Regulations

SR 1997 No. 312 as amended

made under the

Fishing Levy Act 1991 and the Fisheries Management Act 1991

Contents

Page

Part 1Preliminary

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Part 2Bass Strait Scallop Fishery

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Part 3Coral Sea Fishery

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Part 4Eastern Tuna and Billfish Fishery

Division 4.1Preliminary

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  Division 4.2Amount of levy

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  Division 4.3Time for payment

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Part 5Great Australian Bight Trawl Fishery

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Part 5AHeard Island and McDonald Islands Fishery

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Part 6Jack Mackerel Fishery

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Part 7Macquarie Island Developmental Fishery

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Part 8North West Slope Trawl Fishery

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Part 9Northern Prawn Fishery

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Part 10South East Non-trawl Fishery

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Part 11South East Trawl Fishery

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Part 12Southern Bluefin Tuna Fishery

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Part 13Southern Shark Fishery

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Part 14Southern Squid Fishery

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Part 15Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

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Part 15ASouth Tasman Rise Fishery

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Part 16Western Deep Water Trawl Fishery

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Part 17Other fisheries

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Part 18Repeal

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Part 1Permits

Part 2Certain permits held by holders of earlier permits for the area of the East Coast Tuna fishery

Part 1Quota species

Part 2Amounts of levy — quota species (except gemfish and orange roughy)

Part 3Amounts of levy — gemfish and orange roughy in species sectors

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Part 1Preliminary

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1.1Citation[see Note 1]

 These Regulations may be cited as the Fishing Levy Regulations.

1.2Interpretation

• (1)

  In these Regulations:

  holder, of a fishing concession, means the person to whom the concession was granted or, if the person has transferred the concession to someone else, the other person.

  invoice date, for levy, or an instalment of levy, payable for a fishing concession, means the date 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.

  (2) Unless the contrary intention appears:

  • (a)

    a reference in these Regulations to a named fishery that is described by that name in regulation 4B of the Fisheries Management Regulations is a reference to the fishery as described; and

  • (b)

    any other word or expression used in these Regulations and in the Fisheries Management Regulations has the same meaning in these Regulations as in those Regulations.

  Note 1   The fisheries described in regulation 4B of the Fisheries Management Regulations, at the commencement of these Regulations, are:

• (a)

  the Bass Strait Scallop Fishery;

   (b) the Coral Sea Fishery;

• (c)

  the Eastern Tuna and Billfish Fishery;

• (d)

  the Jack Mackerel Fishery;

   (e) the Macquarie Island Developmental Fishery;

• (f)

  the North West Slope Trawl Fishery;

• (g)

  the South East Non-trawl Fishery;

• (h)

  the South East Trawl Fishery;

• (i)

  the Southern Shark Fishery;

• (j)

  the Southern Squid Fishery;

   (k) the Southern Tuna and Billfish Fishery;

   (l) the Western Deep Water Trawl Fishery; and

• (m)

  the Western Tuna and Billfish Fishery.

  Note 2   The following plans of management have been made under section 17 of the Management Act:

   (a) the Great Australian Bight Trawl Fishery Management Plan  (notified in Gazette No. S205 of 2 July 1993);

   (b) the Northern Prawn Trawl Fishery Management Plan 1995  (notified in Gazette No. S49 of 10 February 1995);

   (c) the Southern Bluefin Tuna Fishery Management Plan 1995  (notified in Gazette No. S34 of 3 February 1995).

  Note 3   Under the Primary Industries and Energy Research and Development Act 1989, a part (the research component) of the levy imposed by the Fishing Levy Act 1991 is to be paid to the Fisheries Research and Development Corporation for research and development activities relating to the fishing industry. The research component of each levy amount is set out in a note following the regulation that states that amount.

Part 2Bass Strait Scallop Fishery

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2.1Definition

 In this Part:

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

2.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a BSSF fishing permit in force in the period from 1 June 1997 to 31 May 1998 (inclusive) is $2,150.

Note   The research component of the levy amount is $60.

2.3When levy must be paid

 For section 110 of the Management Act, levy for a BSSF fishing permit must be paid on or before the later of:

• (a)

  23 January 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 3Coral Sea Fishery

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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, the amount of levy for a CSF fishing permit in force in the financial year beginning on 1 July 1997 is $1,200.

Note   The research component of the levy amount is $60.

3.3When levy must be paid

 For section 110 of the Management Act, levy for a CSF fishing permit must be paid on or before the later of:

• (a)

  30 January 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 4Eastern Tuna and Billfish Fishery

Division 4.1Preliminary

4.1Definitions

 In this Part:

ETBF fishing permit means a fishing permit for the Eastern Tuna and Billfish Fishery.

sector of the Fisherymeans a sector described in subregulation 4C (1) of the Fisheries Management Regulations.

tunahas the meaning given by subregulation 4C (3) of the Fisheries Management Regulations.

Division 4.2Amount of levy

4.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an ETBF fishing permit, for the financial year (or any part of the year) beginning on 1 July 1997 is the amount stated in whichever of the following provisions of this Division applies to the permit.

Note   The research component of each levy amount is set out in Schedule 1.

4.3Fishing permits for single sector

(1) The amount of levy for an ETBF fishing permit that authorises fishing in a single sector of the Fishery is the amount stated in column 3 in the item in Part 1 of Schedule 1 for the sector.

(2) This regulation does not apply to a fishing permit to which regulation 4.5 applies.

4.4Fishing permits for 2 or more sectors

(1) The amount of levy for an ETBF fishing permit that authorises fishing in 2 or more sectors of the Fishery is the greater or greatest of the amounts of levy stated in column 3 in the items in Part 1 of Schedule 1 for the sectors.

(2) This regulation does not apply to a fishing permit to which regulation 4.5 applies.

4.5Certain permits held by persons not granted fishing permit in 1996-97

(1) This regulation applies to an ETBF fishing permit, for the financial year (or any part of the financial year) beginning on

1 July 1997 if, in the financial year beginning on 1 July 1996, the holder:

• (a)

  was not granted an ETBF fishing permit; but

• (b)

  held an existing ETBF fishing permit.

(2)

The amount of levy for the permit is:

• (a)

  if the permit authorises fishing in a single sector of the Fishery — the amount stated in column 3 in the item in Part 2 of Schedule 1 for the sector; or

• (b)

  if the permit authorises fishing in 2 or more sectors of the Fishery — the greater or greatest of the amounts stated in column 3 in the item or items in Part 2 of Schedule 1 for the sectors.

Division 4.3Time for payment

4.6When levy must be paid

(1) For section 110 of the Management Act, levy for an ETBF fishing permit must be paid in 2 equal instalments in accordance with subregulations (2) and (3).

(2) The first instalment must be paid on or before the later of:

• (a)

  10 December 1997; and

• (b)

  28 days after the invoice date for the instalment.

(3) The second instalment must be paid on or before the later of:

• (a)

  31 March 1998; and

• (b)

  28 days after the invoice date for the instalment.

4.7Refund or remission of levy

 If the holder of an ETBF fishing permit surrenders the permit by giving written notice to AFMA on or before 11 November 1997, AFMA must:

• (a)

  if the holder has paid levy for the permit — refund the levy paid; or

• (b)

  in any other case — remit the levy payable for the permit.

Part 5Great Australian Bight Trawl Fishery

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5.1Definition

 In this Part:

GABTF fishing rightmeans a statutory fishing right within the meaning of the Great Australian Bight Trawl Fishery Management Plan, as in force from time to time.

5.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a GABTF fishing right is, for each financial year (or any part of the year) in which the fishing right is in force, $9,901.

Note   The research component of the levy amount is $1,149.

5.3When levy must be paid

 For section 110 of the Management Act, levy for a GABTF fishing right must be paid:

• (a)

  for the first financial year, or part of the year, in which the fishing right is in force — 28 days after the invoice date for the levy; and

• (b)

  for each following financial year, or part of the year, in which the fishing right is in force — on or before the later of:

  • (i)

    23 January in the year; and

  • (ii)

    28 days after the invoice date for the levy.

Part 5AHeard Island and McDonald Islands Fishery

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5A.1Definition

 In this Part:

HIMI fishing permit means a fishing permit for the Heard Island and McDonald Islands Fishery.

Note   The Heard Island and McDonald Islands Fishery is described in paragraph 4B (ca) of the Fisheries Management Regulations.

5A.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a HIMI fishing permit in force in the period from 21 April to 6 November 1998 (inclusive) is $40,370.

5A.3When levy must be paid

 For section 110 of the Management Act, levy for a HIMI fishing permit must be paid on or before the later of:

• (a)

  28 July 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 6Jack Mackerel Fishery

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6.1Definitions

 In this Part:

firstpermit means a JMF fishing permit that:

• (a)

  was granted before the commencement of these Regulations; and

• (b)

  came into force on or after 1 July 1996.

JMF fishing permitmeans a fishing permit for the Jack Mackerel Fishery.

6.2Amount of levy

(1) For section 6 of the Levy Act, the amount of levy for a JMF fishing permit in force in the period from 1 March 1998 to 28 February 1999 (inclusive) is $1,000.

Note   The research component of the levy amount is $60.

(2) Subregulation (1) does not apply to a JMF fishing permit (the second permit) if:

• (a)

  the second permit is granted to a person who, at the time of the grant, is the holder of a first permit; and

• (b)

  the first and second permits apply to the same boat.

(3) It is not material that the first and second permits authorise fishing:

• (a)

  by the same fishing method, or by different methods; or

• (b)

  in the same area, or in different areas.

6.3When levy must be paid

 For section 110 of the Management Act, levy for a JMF fishing permit must be paid on or before the later of:

• (a)

  30 April 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 7Macquarie Island Developmental Fishery

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7.1Definition

 In this Part:

MIDF fishing permitmeans a fishing permit for the Macquarie Island Developmental Fishery.

7.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an MIDF fishing permit in force in the period from 22 September 1997 to 31 August 1998 (inclusive) is $173,000.

Note   The research component of the levy amount is $60.

7.3When levy must be paid

 For section 110 of the Management Act, levy for an MIDF fishing permit must be paid on or before the later of:

• (a)

  27 February 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 8North West Slope Trawl Fishery

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8.1Definition

 In this Part:

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

8.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an NWSTF fishing permit in force in the financial year beginning on 1 July 1997 is $4,266.

Note   The research component of the levy amount is $194.

8.3When levy must be paid

 For section 110 of the Management Act, levy for an NWSTF fishing permit must be paid on or before the later of:

• (a)

  23 January 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 9Northern Prawn Fishery

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9.1Definition

 In this Part:

NPF fishing right means:

• (a)

  an active Class A statutory fishing right within the meaning of the Northern Prawn Fishery Management Plan 1995, as in force from time to time; or

• (b)

  a surplus Class A statutory fishing right within the meaning of that Plan.

9.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an NPF fishing right is:

• (a)

  for each financial year in which the fishing right is in force on 23 December — $53.61; or

• (b)

  for each financial year in which the fishing right is in force on 13 July — $34.26.

Note   The research component of the levy amount mentioned in paragraph 9.2 (a) is $5.61.

9.3When levy must be paid

 For section 110 of the Management Act:

• (a)

  levy for an NPF fishing right in force on 23 December 1997 must be paid on or before the later of:

  • (i)

    23 December 1997; and

  • (ii)

    28 days after the invoice date for the levy; and

• (b)

  levy for an NPF fishing right in force on 13 July 1998 must be paid on or before the later of:

  • (i)

    13 July 1998; and

  • (ii)

    28 days after the invoice date for the levy.

Part 10South East Non-trawl Fishery

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10.1Definitions

 In this Part:

key species means any of the following species:

• (a)

  blue-eye trevalla (Hyperoglyphe antarctica);

• (b)

  ling (Genypterus blacodes);

• (c)

  blue warehou (Seriolella brama).

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

10.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SENTF fishing permit in force in the year beginning on 1 January 1998 is:

• (a)

  if the permit authorises fishing for 1 or more key species — $3,255; and

• (b)

  if the permit does not authorise fishing for any key species — $2,405.

Note   The research component of each levy amount is $55.

10.3When levy must be paid

(1) For section 110 of the Management Act, levy for an SENTF fishing permit must be paid:

• (a)

  if the permit is granted before 14 April 1998 — in accordance with subregulation (2); and

• (b)

  if the permit is granted on or after 14 April 1998 — in accordance with subregulation (3).

(2) For paragraph (1) (a):

• (a)

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

  • (i)

    28 January 1998; and

  • (ii)

    28 days after the invoice date for the instalment; and

• (b)

  the second instalment of the remainder must be paid on or before the later of:

  • (i)

    12 May 1998; and

  • (ii)

    28 days after the invoice date for the instalment.

(3) For the paragraph (1) (b), the total amount of levy must be paid on or before 28 days after the invoice date for the levy.

Part 11South East Trawl Fishery

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11.1Definitions

 In this Part:

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

quota units, for a fishing permit and a quota species, means the quantity of the quota species, expressed as a number of units, mentioned in a condition of the permit as the quantity of the species that may be taken under the permit.

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

11.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SETF fishing permit in force in the year beginning on 1 January 1998 is the total of:

• (a)

  for each quota species (except gemfish or orange roughy) mentioned in the permit — the amount calculated by multiplying the number of quota units by the amount stated in column 3 in the item in Part 2 of Schedule 2 for the species; and

• (b)

  for gemfish and orange roughy, if mentioned in the permit — the amount calculated by multiplying the number of quota units by the amount stated in column 3 in the item in Part 3 of Schedule 2 for the species and the species sector.

Note   The research component of the levy amount for each kind of fishing permit is set out in a table following Part 3 of Schedule 2.

11.3When levy must be paid

• (1)

  For section 110 of the Management Act, levy for an SETF fishing permit must be paid:

  • (a)

    if the permit is granted before 14 April 1998 — in accordance with subregulation (2); and

  • (b)

    if the permit is granted on or after 14 April 1998 — in accordance with subregulation (3).

• (2)

  For paragraph (1) (a):

  • (a)

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

    • (i)

      28 January 1998; and

    • (ii)

      28 days after the invoice date for the instalment; and

  • (b)

    the second instalment of the remainder must be paid on or before the later of:

    • (i)

      12 May 1998; and

    • (ii)

      28 days after the invoice date for the instalment.

   (3)For paragraph (1) (b), the total amount of levy must be paid on or before 28 days after the invoice date for the levy.

Part 12Southern Bluefin Tuna Fishery

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12.1Definitions

 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.

season has the same meaning as in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.

Note   Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations defines season to mean:

• (a)

  the period commencing at the beginning of 16 December 1996 and ending at the end of 30 November 1997; and

• (b)

  for subsequent seasons — the period commencing at the beginning of 1 December in a year and ending at the end of

  30 November in the following year.

12.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SBTF fishing right is, for each season (or any part of the season) in which the fishing right is in force, 11.43 cents.

Note   The research component of the levy amount is 2.7 cents.

12.3When levy must be paid

 (1) For section 110 of the Management Act, levy for an SBTF fishing right must be paid, for each season (or any part of the season) in which the fishing right is in force, in 3 equal instalments in accordance with subregulations (2), (3) and (4).

(2) The first instalment must be paid on or before the later of:

• (a)

  16 December in the season; and

• (b)

  28 days after the invoice date for the instalment.

(3) The second instalment must be paid on or before the later of:

• (a)

  16 February in the season; and

• (b)

  28 days after the invoice date for the instalment.

(4) The third instalment must be paid on or before the later of:

• (a)

  1 May in the season; and

• (b)

  28 days after the invoice date for the instalment.

Part 13Southern Shark Fishery

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13.1Definitions

 In this Part:

net unit means a unit of size of a gillnet.

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

13.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SSF fishing permit in force in the financial year beginning on 1 July 1997 is:

• (a)

  if the permit authorises fishing by the use of a gillnet — $771 for each net unit specified in a condition of the permit; and

• (b)

  if the permit authorises fishing by the use of hooks:

  • (i)

    if it is a condition of the permit that not more than 1,000 hooks may be used — $721; and

  • (ii)

    if it is a condition of the permit that not more than 2,000 hooks may be used — $1,442.

Note   The research component of each levy is:

 (a) for a permit referred to in paragraph 13.02 (a) (gill net) — $46; and

• (b)

  for a permit referred to in subparagraph 13.02 (b) (i) (1000 hooks) — $43; and

• (c)

  for a permit referred to in subparagraph 13.02 (b) (ii) (2,000 hooks — $86.

13.3When levy must be paid

 For section 110 of the Management Act, levy for an SSF fishing permit must be paid on or before the later of:

• (a)

  27 March 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 14Southern Squid Fishery

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14.1Definition

In this Part:

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

14.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for an SQDF fishing permit in force in the period from 1 September 1997 to 31 August 1998 (inclusive) is $820.

Note   The research component of the levy amount is $60.

14.3When levy must be paid

 For section 110 of the Management Act, levy for an SQDF fishing permit must be paid on or before the later of:

• (a)

  12 December 1997; and

• (b)

  28 days after the invoice date for the levy.

Part 15Southern Tuna and Billfish Fishery and Western Tuna and Billfish Fishery

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15.1Definitions

 In this Part:

STBF fishing permitmeans a fishing permit for the Southern Tuna and Billfish Fishery.

WTBF fishing permitmeans a fishing permit for the Western Tuna and Billfish Fishery.

15.2Amount of levy

• (1)

  For section 6 of the Levy Act, the amount of levy for an STBF or WTBF fishing permit in force in the financial year beginning on 1 July 1997 is:

  • (a)

    if the permit authorises the use of a purse-seine fishing method — $1,750; and

  • (b)

    if the permit authorises the use of a pelagic longline fishing method — $1,250; and

  • (c)

    if the permit authorises the use of any other line fishing method — $850; and

  • (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).

• (2)

  However, the amount of levy prescribed for an STBF or WTBF fishing permit is $300, if the permit:

  • (a)

    is granted to the holder of a statutory fishing right under the Southern Bluefin Tuna Fishery Management Plan 1995, as in force from time to time; and

  • (b)

    is expressed not to be transferable; and

  • (c)

    authorises the taking, by any fishing method, of bycatch as a consequence of the taking of southern bluefin tuna, in accordance with the limits stated in the permit.

  Note   The research component of any of the levy amounts is $60.

15.3Refund or remission of levy

 If the holder of an STBF or WTBF fishing permit surrenders the permit by giving written notice to AFMA on or before 16 January 1998, AFMA must:

• (a)

  if the holder has paid levy for the permit — refund the levy paid; or

• (b)

  in any other case — remit the levy payable for the permit.

15.4When levy must be paid

 For section 110 of the Management Act, levy for an STBF or WTBF fishing permit must be paid on or before the later of:

• (a)

  20 February 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 15ASouth Tasman Rise Fishery

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15A.1Definitions

 In this Part:

leviable quantity, for a STR fishing permit under which orange roughy may be taken, means the quantity of orange roughy that is:

• (a)

  taken under the permit; and

• (b)

  landed in the period from 5 March to 31 August 1998 (inclusive).

orange roughy means fish of the species Hoplosthethus atlanticus.

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

Note   The South Tasman Rise Fishery is described in paragraph 4B (ka) of the Fisheries Management Regulations.

15A.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a leviable quantity is 10 cents per kilogram.

15A.3When levy must be paid

 For section 110 of the Management Act, levy for an STR fishing permit must be paid on or before the later of:

• (a)

  28 July 1998; and

• (b)

  28 days after the invoice date for the levy.

Part 16Western Deep Water Trawl Fishery

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16.1Definition

 In this Part:

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

16.2Amount of levy

 For section 6 of the Levy Act, the amount of levy for a WDWTF fishing permit is, for each financial year (or part of the year) in which the permit is in force, $4,167.

Note   The research component of the levy amount is $75.

16.3When levy must be paid

 For section 110 of the Management Act, levy for a WDWTF fishing permit for each financial year, or part of the year, in which the permit is in force must be paid on or before the later of:

• (a)

  23 January in that financial year; and

• (b)

  28 days after the invoice date for the levy.

Part 17Other fisheries

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17.1Definitions

 In this Part:

fishing concessionmeans a fishing concession that authorises the use of a boat in an informally managed fishery.

informally managed fishery means a fishery:

• (a)

  for which a plan of management has not been made under section 17 of the Act; and

• (b)

  that is not described in regulation 4B of the Fisheries Management Regulations.

17.2Amount of levy

• (1)

  For section 6 of the Levy Act, the amount of levy for a fishing concession is, for each year (or part of the year) in which the concession is in force, $700.

  (2) Subregulation (1) does not apply to a fishing concession if:

  • (a)

    the boat authorised for prospective use under the concession is also authorised for use under a fishing concession for another informally managed fishery; or

  • (b)

    the concession authorises only the testing of fishing equipment.

  Note   The research component of the levy amount is $60.

17.3When levy must be paid

 For section 110 of the Management Act, levy for a fishing concession must be paid:

• (a)

  on the grant of the concession; and

• (b)

  while the concession remains in force — on or before the later of:

  • (i)

    each anniversary of the grant of the concession; and

  • (ii)

    28 days after the invoice date for the levy.

Part 18Repeal

Do not delete: Division placeholder

18.1Repeal of Fishing Levy (All Fisheries) Regulations

 Statutory Rules 1996 No. 316 are repealed.

Schedule 1Eastern Tuna and Billfish Fishery — amounts of levy

(regulations 4.3, 4.4 and 4.5)

Part 1Permits

Column 1 Item	Column 2 Sector	Column 3 Amount $
1	Bycatch	300
2	ML Sector	783
3	PL Sector	783
4	PLL (Sub-area 1) Sector	3,262
5	PLL (Sub-area 2) Sector	2,924
6	PLL (Sub-area 4) Sector	1,628
7	PLL (Sub-area 5) Sector	1,556
8	PLL (Sub-area 6) Sector	1,556
9	PLL (Sub-area 7) Sector	1,556
10	PLL (Sub-area 8) Sector	1,556
11	PLL (Sub-area 9) Sector	1,000
12	PLL (Sub-area 10) Sector	300
13	PS (Sub-area 3) Sector	4,171
14	PS (Sub-area 4) Sector	2,593
15	PS (Sub-area 6) Sector	3,213
16	PS (Sub-area 7) Sector	2,255

Note   The research component of each levy is:

$
1	for bycatch	173
2	for the ML Sector	173
3	for the PL Sector	173
4	for the PLL (Sub-area 1) Sector	173
5	for the PLL (Sub-area 2) Sector	173
6	for the PLL (Sub-area 4) Sector	173
7	for the PLL (Sub-area 5) Sector	173
8	for the PLL (Sub-area 6) Sector	173
9	for the PLL (Sub-area 7) Sector	173
10	for the PLL (Sub-area 8) Sector	173
11	for the PLL (Sub-area 9) Sector	nil
12	for the PLL (Sub-area 10) Sector	173
13	for the PS (Sub-area 3) Sector	455
14	for the PS (Sub-area 4) Sector	455
15	for the PS (Sub-area 6) Sector	455
16	for the PS (Sub-area 7) Sector	455.

Part 2Certain permits held by holders of earlier permits for the area of the East Coast Tuna fishery

Column 1 Item	Column 2 Sector	Column 3 Amount $
1	ML Sector	1,501
2	PLL (Sub-area 1) Sector	6,547
3	PLL (Sub-area 2) Sector	5,859
4	PLL (Sub-area 4) Sector	3,221
5	PLL (Sub-area 5) Sector	nil
6	PLL (Sub-area 6) Sector	3,074
7	PLL (Sub-area 7) Sector	3,074
8	PLL (Sub-area 8) Sector	3,074
9	PLL (Sub-area 9) Sector	2,000
10	PS (Sub-area 3) Sector	8,349
11	PS (Sub-area 4) Sector	5,137
12	PS (Sub-area 6) Sector	6,399
13	PS (Sub-area 7) Sector	4,449

Note   The research component of each levy amount is:

$
1	for the ML Sector	173
2	for the PLL (Sub-area 1) Sector	173
3	for the PLL (Sub-area 2) Sector	173
4	for the PLL (Sub-area 4) Sector	173
5	for the PLL (Sub-area 5) Sector	173
6	for the PLL (Sub-area 6) Sector	173
7	for the PLL (Sub-area 7) Sector	173
8	for the PLL (Sub-area 8) Sector	173
9	for the PLL (Sub-area 9) Sector	nil
10	for the PS (Sub-area 3) Sector	455
11	for the PS (Sub-area 4) Sector	455
12	for the PS (Sub-area 6) Sector	455
13	for the PS (Sub-area 7) Sector	455.

Schedule 2South East Trawl Fishery — amounts of levy

(regulations 11.1 and 11.2)

Part 1Quota species

Column 1 Item	Column 2 Common name	Column 3 Scientific name
1	Blue eye trevalla	Hyperoglyphe antarctica
2	Blue grenadier	Macruronus novaezelandiae
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	Ling	Genypterus blacodes
9	Mirror dory	Zenopsis nebulosus
10	Ocean perch	Helicolenus species
11	Orange roughy	Hoplostethus atlanticus
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

Part 2Amounts of levy — quota species (except gemfish and orange roughy)

Column 1 Item	Column 2 Species	Column 3 Amount for each unit of quota
1	Blue eye trevalla	11.9 cents
2	Blue grenadier	5.9 cents
3	Blue warehou	5.8 cents
4	Flathead	5.2 cents
5	Jackass morwong	4.7 cents
6	John Dory	10.5 cents
7	Ling	24.9 cents
8	Mirror dory	4.2 cents
9	Ocean perch	12.3 cents
10	Redfish	9.6 cents
11	Royal red prawn	4.6 cents
12	School whiting	1.9 cents
13	Silver trevally	2.2 cents
14	Spotted warehou	12.3 cents

Part 3Amounts of levy — gemfish and orange roughy in species sectors

Column 1 Item	Column 2 Species and species sector	Column 3 Amount for each unit of quota
1	Gemfish — gemfish eastern sector	4.0 cents
2	Gemfish — gemfish western sector	9.5 cents
3	Orange roughy — orange roughy eastern sector	2.7 cents
4	Orange roughy — orange roughy southern sector	1.3 cents
5	Orange roughy — orange roughy western sector	10.2 cents

Note   The research component of each levy amount is:

(a) for a quota species:

cents
1	Blue eye trevalla	1.0
2	Blue grenadier	0.5
3	Blue warehou	0.5
4	Flathead	0.4
5	Jackass morwong	0.4
6	John Dory	0.9
7	Ling	2.1
8	Mirror dory	0.4
9	Ocean perch	1.0
10	Redfish	0.8
11	Royal red prawn	0.4
12	School whiting	0.2
13	Silver trevally	0.2
14	Spotted warehou	1.0

(b) for a quota species in a species sector:

1	Gemfish — eastern sector	0.3
2	Gemfish — western sector	0.8
3	Orange roughy — eastern sector	0.2
4	Orange roughy — southern sector	0.1
5	Orange roughy — western sector	0.9.

Notes to the Fishing Levy Regulations

Note 1

The Fishing Levy Regulations (in force under Fishing Levy Act 1991 and the Fisheries Management Act 1991) as shown in this reprint comprise Statutory Rules 1997 No. 312 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1997 No. 312	11 Nov 1997	11 Nov 1997
1998 No. 205	1 July 1998	1 July 1998	—

Table of Amendments

ad. = added or inserted       am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 5A (rr. 5A.1-5A.3)..........	ad. 1998 No. 205
Rr. 5A.1-5A.3.........................	ad. 1998 No. 205
Part 15A (rr. 15A.1-15A.3)...	ad. 1998 No. 205
Rr. 15A.1-15A.3.....................	ad. 1998 No. 205