Fishing Levy (South East Fishery) Regulations (Cth)
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS
- In force under the Fishing Levy Act 1991
- Updated as at 8 December 1993 (HISTREG CHAP 1002 #DATE 08:12:1993)
- In force under the Fishing Levy Act 1991
- Updated as at 8 December 1993 (HISTREG CHAP 1002 #DATE 08:12:1993)
*1* The Fishing Levy (South East Fishery) Regulations (in force under the Fishing Levy Act 1991) as shown in this reprint comprise Statutory Rules 1992 No. 456 amended as indicated in the Tables below.
Year and Date of Date of Application, saving
number notification commencement or transitional
in Gazette provisions
1992 No. 456 24 Dec 1992 24 Dec 1992
1993 No. 72 11 May 1993 11 May 1993 -
301 19 Nov 1993 19 Nov 1993 -
355 16 Dec 1993 16 Dec 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 4 rs. 1993 No. 72
rep. 1993 No. 301
Schedule 1 am. 1993 No. 355
Schedule 2 rs. 1993 No. 355
Schedule 3 am. 1993 No. 355
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Amount of levy
SCHEDULE 1
SPECIFIED SPECIES
SCHEDULE 2
AMOUNTS OF LEVY
SCHEDULE 3
AREA OF SPECIES SECTORS
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Fishing Levy (South East Fishery) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - REG 2
Interpretation
2. (1) In these Regulations, unless the contrary intention appears:
"Act" means the Fishing Levy Act 1991;
"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 degrees 35 minutes South;
(b) then running east along the parallel of latitude 33 degrees 35 minutes 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 degrees 08 minutes East;
(d) then north along the meridian of longitude 138 degrees 08 minutes East to its intersection with the southern coastline of Australia;
(e) then generally north and east along that coastline to the point of commencement;
"Australian fishing zone" has the same meaning as in the Fisheries Management Act 1991;
"fishing permit" has the same meaning as in the Fisheries Management Act 1991;
"quota", in relation to a fishing permit, means the number of units of a scheduled species that may be taken under a 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;
"unit", in relation to a fishing permit, means an amount by weight, specified in the fishing permit, of a scheduled species.(2) For the purposes of column 2 of item 1 in Schedule 2, "Orange Roughy - Eastern Sector" means Orange Roughy taken from the area set out in Part 1 of Schedule 3.
(3) For the purposes of column 2 of item 2 in Schedule 2, "Orange Roughy - Southern Sector" means Orange Roughy taken from the area set out in Part 2 of Schedule 3.
(4) For the purposes of column 2 of item 3 in Schedule 2, "Orange Roughy - Western 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 6 in Schedule 2, "Gemfish - Eastern Sector" means Gemfish taken from the area set out in Part 4 of Schedule 3.
(6) For the purposes of column 2 of item 7 in Schedule 2, "Gemfish - Western Sector" means Gemfish taken from the area set out in Part 5 of Schedule 3.
(7) 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.
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - REG 3
Amount of levy
3. (1) For the purposes of section 6 of the Act, the amount of levy prescribed in respect of a fishing permit for trawling in the area of the South East Fishery is the sum of the amounts of levy prescribed by subregulations (2) and (3). (2) If at the time of granting the fishing permit a condition of the permit specifies a quota for a scheduled species, an amount of levy worked out in accordance with subregulation (5) is prescribed in respect of the permit.
(3) If, after a fishing permit is granted:
(a) a condition is added to the fishing permit to specify a quota for a scheduled species; or
(b) a condition of the fishing permit is varied to increase the quota for a scheduled species;
an amount of levy worked out in accordance with subregulation (5) is prescribed in respect of the permit.(4) Subregulation (3) does not apply if the condition is added or varied to take account of the transfer of units between the holders of fishing permits.
(5) For the purposes of subregulations (2) and (3), the amount of levy prescribed in respect of a fishing permit containing a condition specifying a quota for a scheduled species referred to in column 2 of an item in Schedule 2 is the amount worked out:
(a) in the case of a quota referred to in subregulation (2) or paragraph (3) (a) - by multiplying the number of cents specified in column 3 of the item by the number of units in the quota; or
(b) in the case of a quota referred to in paragraph (3) (b) - by multiplying the number of cents specified in column 3 of the item by the number of units by which the quota is increased.
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - SCHEDULE 1 SCH
SCHEDULE 1 Regulation 2
SPECIFIED SPECIES
Common Name Scientific Name
Orange Roughy Hoplostethus atlanticus
Gemfish Rexea solandri
Flathead Neoplatycephalus richardsoni and
Platycephalus bassensis
Blue Grenadier Macruronus novaezelandiae
Redfish Centroberyx affinis
School Whiting Sillago bassensis
Jackass Morwong Nemadactylus macropterus
Warehou - Spotted Seriolella punctata
Warehou - Blue Seriolella brama
Ling Genypterus blacodes
Mirror Dory Zenopsis nebulosus
John Dory Zeus faber
Silver Trevally Pseudocaranx dentex
Ocean Perch Helicolenus percoides
Blue-Eye Trevalla Hyperoglyphe antarctica
Royal Red Prawn Haliporoides sibogae
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2 Regulation 3
AMOUNTS OF LEVY
Column 1 Column 2 Column 3
Item Species Amount of levy cents
1 Blue Eye Trevalla 12.1
2 Blue Grenadier 5.0
3 Blue Warehou 11.8
4 Flathead 4.7
5 Gemfish-Eastern Sector 4.0
6 Gemfish-Western Sector 5.6
7 Jackass Morwong 6.4
8 John Dory 8.0
9 Ling 16.4
10 Mirror Dory 3.2
11 Ocean Perch 10.3
12 Orange Roughy-Eastern Sector 3.1
13 Orange Roughy-Southern Sector 10.1
14 Orange Roughy-Western Sector 15.3
15 Redfish 6.5
16 Royal Red Prawn 3.7
17 School Whiting 2.6
18 Silver Trevally 1.4
19 Spotted Warehou 4.2
FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS - SCHEDULE 3 SCH
SCHEDULE 3 Regulation 2
AREA OF SPECIES SECTORS
PART 1
Orange Roughy - Eastern Sector
The part of the Australian fishing zone that is bounded by a line
that:
(a) begins at the point of intersection of the meridian of longitude
146 degrees 22 minutes east with the northern shore of Tasmania; and
(b) runs:
(i) from there northerly along that meridian to its intersection
with the parallel of latidude 39 degrees 30 minutes South; and
(ii) from there easterly along that parallel to its intersection
with the outer limit of the Australian fishing zone; and
(d) from there generally southerly along that outer limit to its
intersection with the parallel of latitude 43 degrees 00 minutes South;
and
(e) from there westerly along that parallel to its intersection with
the eastern shore of Tasmania; and
(f) from there generally northerly and westerly to the point where
the line begins.
PART 2
Orange roughy - Southern sector
That part of the Australian fishing zone that is within the
area bounded by a line:
(1) commencing at the intersection of the eastern shore
of Tasmania at low water mark with the parallel of latitude
43 degrees 00 minutes South;
(2) running thence east along that parallel to its
intersection with the outer limit of the Australian fishing zone;
(3) thence generally southerly along that outer limit to
its intersection with the parallel of latitude 43 degrees 10 minutes
South;
(4) thence west along that parallel to its intersection
with the meridian of longitude 149 degrees 30 minutes East;
(5) thence south along that meridian to its intersection
with the parallel of latitude 45 degrees 00 minutes South;
(6) thence west along that parallel to its intersection
with the outer limit of the Australian fishing zone;
(7) thence generally north westerly along that outer
limit to its intersection with the parallel of latitude
42 degrees 00 minutes South;
(8) thence east along that parallel to its intersection
with the west coast of Tasmania at low water mark; and
(9) thence generally southerly, easterly and northerly
long the shore of Tasmania at low water mark to the point of
commencement.
PART 3
Orange roughy - Western sector
That part of the Australian fishing zone that is within the
area bounded by a line:
(1) commencing at the intersection of the meridian of
longitude 138 degrees 08 minutes East by the southern shore of mainland
Australia at low water mark;
(2) running thence south along that meridian to its
intersection with the outer limit of the Australian fishing zone;
(3) thence generally south easterly along that outer
limit to its intersection with the parallel of latitude
42 degrees 00 minutes South;
(4) thence easterly along that parallel to its
intersection with the west coast of Tasmania at low water mark;
(5) thence 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 degrees 22 minutes
East;
(6) thence northerly along that meridian to the point
of its intersection with the southern shore of mainland
Australia at low water mark; and
(7) thence generally westerly along the southern shore
of mainland Australia at low water mark to the point of
commencement.
PART 4
Gemfish - Eastern sector
That part of the Australian fishing zone that is within the
area bounded by a line:
(1) commencing at the intersection of the meridian of
longitude 146 degrees 22 minutes East by the southern shore of mainland
Australia at low water mark;
(2) running thence south along that meridian to its
intersection by the northern shore of Tasmania at low water mark;
(3) thence generally easterly, southerly, westerly and
northerly along the shore of Tasmania at low water mark to its
intersection by the parallel of latitude 42 degrees 00 minutes South;
(4) thence westerly along that parallel of latitude to
its intersection by the outer limit of the Australian fishing zone;
(5) thence generally southerly, easterly and northerly
along that outer limit to the point of its intersection with the
parallel of latitude 33 degrees 35 minutes South;
(6) thence westerly along that parallel to its intersection with the
east coast of Australia at low water mark; and
(7) thence generally southerly and westerly along the
shore of mainland Australia at low water mark to the point of
commencement.
PART 5
Gemfish - Western Sector
That part of the Australian fishing zone that is within the
area bounded by a line:
(1) commencing at the intersection of the meridian of
longitude 138 degrees 08 minutes East by the southern shore of mainland
Australia at low water mark;
(2) running thence south along that meridian to its
intersection with the outer limit of the Australian fishing zone;
(3) thence generally south easterly along that outer
limit to its intersection with the parallel of latitude
42 degrees 00 minutes South;
(4) thence easterly along that parallel to its
intersection with the west coast of Tasmania at low water mark;
(5) thence 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 degrees 22 minutes
East;
(6) thence northerly along that meridian to the point of
its intersection with the southern shore of mainland Australia
at low water mark; and
(7) thence generally westerly along the southern ashore
of mainland Australia at low water mark to the point of
commencement.
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