Fishing Levy Regulations (Cth)

Statutory

Rules1992No. 59 1

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Fishing Levy Regulations

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.

 Dated 27 February 1992.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

SIMON CREAN

Minister of State for Primary Industries

and Energy

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Citation

1. These Regulations may be cited as the Fishing Levy Regulations.

[NOTE:

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

Interpretation

2.

(1)  In these Regulations, unless the contrary intention appears:

“Act” means the Fishing Levy Act 1991.

(2) An expression used in these Regulations that is defined for the purposes of the Fisheries Management Act 1991 has the same meaning in these Regulations as it has in that Act.

Amount of levy

3.

(1) For the purposes of section 6 of the Act, the amount of levy prescribed in respect of a fishing concession other than a fishing concession granted to persons specified in subregulation (3) is $455.

(2) For the purposes of section 6 of the Act, the amount of levy prescribed in respect of a fishing concession granted to persons specified in subregulation (3) is nil.

(3) For the purposes of subregulations (1) and (2), the following persons are specified:

(a)

persons who:

 (i) have been granted a fishing concession authorising the use of a specified Australian boat by the person for fishing in a specified fishery; and

 (ii) have paid an amount of levy for a fishing concession for the use of the boat for fishing in the specified fishery; and

 (iii) are granted another fishing concession authorising:

 (a) the use of the boat for a different purpose in the specified fishery; or

 (b) the use of the boat in another fishery;

(b)

persons who:

(i) hold a licence granted under subsection 9 (2) or (3) of the Fisheries Act 1952 authorising the use of a boat in a specified fishery; and

 (ii) have paid an amount of levy under the Fisheries Levy Act 1984 for the use of the boat in accordance with the licence;and

 (iii) are granted a fishing concession authorising:

 (a) the use of the boat for a different purpose in the specified fishery; or

 (b) the use of the boat in another fishery;

• (c)

  persons who:

 (i) are granted concurrently:

 (a) a licence under the Fisheries Act 1952 in respect of a boat; and

 (b) a fishing concession under the Fisheries Management Act 1991 in respect of the same boat; and

 (ii) have paid an amount of levy under the Fisheries Levy Act 1984 for the use of the boat in accordance with the licence;

(d)

persons who are granted a fishing concession authorising 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.]

When is levy payable?

4. Levy is payable on the grant of a fishing concession and on each anniversary of the grant of the fishing concession.

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NOTE

1. Notified in the Commonwealth of Australia Gazette