Fishing Levy (South East Fishery) Regulations (Cth)

Statutory Rules 1994

No. 418 1

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Fishing Levy (South East Fishery) 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 and the Fisheries Management Act 1991.

Dated 20 December 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

d. beddall

Minister for Resources

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Citation

 1. These Regulations may be cited as the Fishing Levy (South East Fishery) 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:

“area of the South East Fishery” means that part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at the point of intersection of the eastern coastline of Australia and the parallel of latitude 33∞35’ South;

• (b)

  then running east along the parallel of latitude 33∞35’ South to its intersection with the outer limit of the Australian fishing zone;

• (c)

  then generally south and west along that outer limit to its first intersection south of Australia with the meridian of longitude 138∞08’ East;

• (d)

  then north along the meridian of longitude 138∞08’ East to its intersection with the southern coastline of Australia;

• (e)

  then generally north and east along that coastline to the point of commencement;

“fishing permit” means a fishing permit for trawling in the area of the South East Fishery;

“Levy Act” means the Fishing Levy Act 1991;

“Management Act” means the Fisheries Management Act 1991;

“quota” in relation to a fishing permit, means the quantity of a scheduled species, expressed as a number of units, that is specified in a condition of the fishing permit as the quantity that may be taken under the fishing permit;

“scheduled species” means a species of fish:

• (a)

  specified in Schedule 1; and

• (b)

  referred to by its common name in column 2 of an item in Schedule 2;

“trawling” means fishing carried on by any method of trawling or seining (other than purse-seining), except fishing only for prawns of the family Penaeidae.

 (2) For the purposes of column 2 of item 5 in Schedule 2, “Gemfish—Eastern Sector” means Gemfish taken from the area set out in Part 1 of Schedule 3.

(3) For the purposes of column 2 of item 6 in Schedule 2, “Gemfish—Western Sector” means Gemfish taken from the area set out in Part 2 of Schedule 3.

(4) For the purposes of column 2 of item 12 in Schedule 2, “Orange Roughy—Eastern Sector” means Orange Roughy taken from the area set out in Part 3 of Schedule 3.

(5)

For the purposes of column 2 of item 13 in Schedule 2, “Orange Roughy—Southern Sector” means Orange Roughy taken from the area set out in Part 4 of Schedule 3.

 (6)For the purposes of column 2 of item 14 in Schedule 2, “Orange Roughy—Western Sector” means Orange Roughy taken from the area set out in Part 5 of Schedule 3.

Amount of levy

 3. (1) For the purposes of section 6 of the Levy Act, the amount of levy prescribed for a fishing permit that is granted on or after the commencement of these Regulations is the sum of the amounts of levy, worked out in accordance with subregulation (2), in respect of each quota specified in the permit at the time the permit is granted.

 (2) For the purposes of subregulation (1), the amount of levy in respect of a quota for a scheduled species referred to in column 2 of an item in Schedule 2 is the amount worked out by multiplying the number of cents specified in column 3 of the item by the number of units in the quota.

When levy is due and payable

 4.For the purposes of section 110 of the Management Act, levy is due and payable for a fishing permit as follows:

• (a)

  in the case of a fishing permit granted before 3 May 1995:

  • (i)

    one third of the amount of levy before the end of 28 days after the grant of the fishing permit; and

  • (ii)

    the balance of the amount of levy on or before 31 May 1995;

• (b)

  in the case of a permit granted on or after 3 May 1995—before the end of 28 days after the grant of the fishing permit.

5.   Repeal of former Fishing Levy (South East Fishery) Regulations

5.1   Statutory Rules 1992 No. 456, and 1993 Nos. 72, 301 and 335 are repealed.

SCHEDULE 1

Regulation 2

SPECIFIED SPECIES

Common Name

Scientific Name

Blue-Eye Trevalla

Hyperoglyphe antarctica

Blue Grenadier

Macruronus novaezelandiae

Blue Warehou

Seriolella brama

Flathead

Neoplatycephalus richardsoni and Platycephalus bassensis

Gemfish

Rexea solandri

Jackass Morwong

Nemadactylus macropterus

John Dory

Zeus faber

Ling

Genypterus blacodes

Mirror Dory

Zenopsis nebulosus

Ocean Perch

Helicolenus

species

Orange Roughy

Hoplostethus atlanticus

Redfish

Centroberyx affinis

Royal Red Prawn

Haliporoides sibogae

School Whiting

Sillago flindersi

Silver Trevally

Pseudocaranx dentex

Spotted Warehou

Seriolella punctata

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SCHEDULE 2

Regulations 2 & 3

AMOUNTS OF LEVY

Column 1	Column 2	Column 3
Item	Species	Amount of levy for each unit of quota Cents
1	Blue Eye Trevalla	11.1
2	Blue Grenadier	4.8
3	Blue Warehou	5.5
4	Flathead	3.2
5	Gemfish—Eastern Sector	4.0
6	Gemfish—Western Sector	4.7
7	Jackass Morwong	3.5
8	John Dory	7.1
9	Ling	11.7
10	Mirror Dory	2.7
11	Ocean Perch	8.1
12	Orange Roughy—Eastern Sector	3.9
13	Orange Roughy—Southern Sector	7.7

SCHEDULE 2— continued

Column 1	Column 2	Column 3
Item	Species	Amount of levy for each unit of quota Cents
14	Orange Roughy—Western Sector	14.4
15	Redfish	3.3
16	Royal Red Prawn	6.1
17	School Whiting	2.5
18	Silver Trevally	1.6
19	Spotted Warehou	6.9

SCHEDULE 3

Regulation 2

AREA OF SPECIES SECTORS

PART 1

Gemfish—Eastern Sector

That part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at the intersection of the meridian of longitude 146°22’ East by the southern shore of mainland Australia at low water mark;

• (b)

  then running south along that meridian to its intersection by the northern shore of Tasmania at low water mark;

SCHEDULE 3— continued

• (c)

  then generally easterly, southerly, westerly and northerly along the shore of Tasmania at low water mark to its intersection by the parallel of latitude 42°00’ South;

• (d)

  then westerly along that parallel of latitude to its intersection by the outer limit of the Australian fishing zone;

• (e)

  then generally southerly, easterly and northerly along that outer limit to the point of its intersection with the parallel of latitude 33°35’ South;

• (f)

  then westerly along that parallel to its intersection with the east coast of Australia at low water mark;

• (g)

  then generally southerly and westerly along the shore of mainland Australia at low water mark to the point of commencement.

 

PART 2

Gemfish—Western Sector

That part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at the intersection of the meridian of longitude 138°08’ East by the southern shore of mainland Australia at low water mark;

• (b)

  then running south along that meridian to its intersection with the outer limit of the Australian fishing zone;

• (c)

  then generally south-easterly along that outer limit to its intersection with the parallel of latitude 42°00’ South;

• (d)

  then easterly along that parallel to its intersection with the west coast of Tasmania at low water mark;

• (e)

  then generally northerly and easterly along the shore of Tasmania at low water mark to the point of its intersection with the meridian of longitude 146°22’ East;

• (f)

  then northerly along that meridian to the point of its intersection with the southern shore of mainland Australia at low water mark;

• (g)

  then generally westerly along the southern shore of mainland Australia at low water mark to the point of commencement.

SCHEDULE 3— continued

PART 3

Orange Roughy—Eastern Sector

The part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at the point of intersection of the meridian of longitude 146∞ 22¢ East with the northern shore of Tasmania;

• (b)

  then running northerly along that meridian to its intersection with the parallel of latitude 39∞ 30¢ South;

• (c)

  then easterly along that parallel to its intersection with the outer limit of the Australian fishing zone;

• (d)

  then generally southerly along that outer limit to its intersection with the parallel of latitude 43∞ 10¢ South;

• (e)

  then westerly along that parallel to its intersection with the eastern shore of Tasmania;

• (f)

  then generally northerly and westerly to the point where the line begins.

PART 4

Orange Roughy—Southern Sector

That part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at the intersection of the eastern shore of Tasmania at low water mark with the parallel of latitude 43°10’ South;

• (b)

  then running east along that parallel to its intersection with the meridian of longitude 149°30’ East then south along that meridian to its intersection with the parallel of latitude 45°00’ South;

• (c)

  then west along that parallel to its intersection with the outer limit of the Australian fishing zone;

• (d)

  then generally north-westerly along that outer limit to its intersection with the parallel of latitude 42°00’ South;

SCHEDULE 3— continued

• (e)

  then east along that parallel to its intersection with the west coast of Tasmania at low water mark;

• (f)

  then generally southerly, easterly and northerly along the shore of Tasmania at low water mark to the point of commencement.

PART 5

Orange Roughy—Western Sector

That part of the Australian fishing zone that is within the area bounded by a line:

• (a)

  commencing at the intersection of the meridian of longitude 138°08’ East by the southern shore of mainland Australia at low water mark;

• (b)

  then running south along that meridian to its intersection with the outer limit of the Australian fishing zone;

• (c)

  then generally south-easterly along that outer limit to its intersection with the parallel of latitude 42°00’ South;

• (d)

  then easterly along that parallel to its intersection with the west coast of Tasmania at low water mark;

• (e)

  then generally northerly and easterly along the shore of Tasmania at low water mark to the point to its intersection with the meridian of longitude 146°22’ East;

• (f)

  then northerly along that meridian to the point of its intersection with the southern shore of mainland Australia at low water mark;

• (g)

  then generally westerly along the southern shore of mainland Australia at low water mark to the point of commencement.

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NOTE

1. Notified in the Commonwealth of Australia Gazette