Statutory Rules
1995 No. 3951
–––––––
Fishing Levy
(Southern Bluefin Tuna 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 12 December 1995.
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 (Southern Bluefin Tuna Fishery) Regulations.
Commencement
2. These Regulations
commence on 16 December 1995.
Interpretation
3. (1) In these
Regulations:
“SFR” means a fishing right described in
clause 8 of the Management Plan;
“the Levy Act” means the Fishing Levy Act 1991;
“the Management Act” means the Fisheries Management Act 1991;
“the Management Plan” means the Southern
Bluefin Tuna Fishery Management Plan 1995 as in force from time to time.
(2) Unless the contrary
intention appears, an expression used in these Regulations and in the
Management Plan has the same meaning in these Regulations as in the Management
Plan.
[NOTES:
1.
The Management Plan was notified in the Gazette
on 3 February 1995.
2.
The Management Plan governs the Southern Bluefin Tuna Fishery; that is to say,
fishing for the species Thunnus thynnus and
Thunnus maccoyii in the SBT Fishery
Area—the area made up of the Australian fishing zone and the high seas fishing
zone.
“Australian
fishing zone” is defined in section 4 of the Management Act.
“High seas
fishing zone” is defined in the Management Plan as the area of water (other
than coastal waters and the Australian fishing zone) the boundary of which:
“(a)
commences on the equator at the point at which the equator is intersected by
the meridian of longitude 50° west; and
(b)
runs thence east along the equator, to its intersection by the meridian of
longitude 140° west; and
(c)
runs thence south along that meridian to its intersection by the parallel of
latitude 60° south; and
(d)
runs thence west along that parallel to its intersection by the meridian of
longitude 50° west; and
(e)
runs thence north along that meridian to the point of commencement;”.
“Season”
is defined in the Management Plan as having the same meaning in the Management
Plan as in the Fisheries Management (Southern Bluefin Tuna) Regulations, in
which “season” is defined as:
“(a)
the period commencing at the beginning of 1 November 1994 and ending at the end
of 15 December 1995; and
(b)
for subsequent seasons—the period commencing at the beginning of 16 December in
a year and ending at the end of 15 December of the following year.”.]
Amount
of levy
4. For the purposes of
section 6 of the Levy Act, the amount of levy prescribed for an SFR in respect
of a season is 32.36 cents.
[NOTE:
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. It is
proposed, in respect of an SFR, that an amount of 2.63 cents from the levy
amount of 32.36 cents will be paid to the Corporation as the Fishery’s
contribution to the research component for the season ending on 15 December
1996.]
When
levy is due and payable
5. For the purposes of
section 110 of the Management Act, levy payable in respect of a season is to be
paid in equal instalments on 16 December, 15 February and 1 May in that season.
NOTE
1. Notified
in the Commonwealth of Australia Gazette