Fishing Levy (Southern Shark Fishery) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 78 1

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Fishing Levy (Southern Shark Fishery) Regulations 2(Amendment)

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 29 March 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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1.   Amendment

1.1   The Fishing Levy (Southern Shark Fishery) Regulations are amended as set out in these Regulations.

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

2.   Regulation 2 (Interpretation)

2.1   Subregulation 2 (1) (definitions of “Act” and “hook shark”):

Omit the definitions.

2.2   Subregulation 2 (1):

Insert the following definitions:

“ ‘Levy Act’ means the Fishing Levy Act 1991;

‘Management Act’ means the Fisheries Management Act 1991;”.

2.3   Subregulation 2 (2):

Omit the subregulation.

3.   Regulation 3 (Amount of levy)

3.1   Omit the regulation, substitute:

Amount of levy

“3.

(1) For the purposes of section 6 of the Levy Act, the amount of levy prescribed for a shark gillnet fishing permit that is granted in the period beginning at the commencement of this regulation and ending at the end of 10 June 1994 is $645 for each net unit specified in a condition of the permit.

 “(2)For the purposes of section 6 of the Levy Act, the amount of levy prescribed for a shark hook fishing permit is:

• (a)

  in the case of a permit that is granted before the commencement of this regulation and in accordance with a condition of which:

  • (i)

    not more than 1,000 hooks may be used to fish from the boat to which the permit relates—$1,365; or

  • (ii)

    more than 1,000 (but not more than 2,000) hooks may be used to fish from that boat—$3,130; and

• (b)

  in the case of a permit that is granted in the period from the commencement of this regulation to the end of 10 June 1994 and in accordance with a condition of which:

  • (i)

    not more than 1,000 hooks may be used to fish from the boat to which the permit relates—$1,765; or

  • (ii)

    more than 1,000 (but not more than 2,000) hooks may be used to fish from that boat—$3,530.

When levy is due and payable

“4.

For the purposes of section 110 of the Management Act, levy is due and payable:

• (a)

  in the case of a shark gillnet fishing permit—before the end of 28 days after the day on which the permit is granted; and

• (b)

  in the case of a shark hook fishing permit—before the end of 28 days after the day on which written notice of a condition mentioned in subregulation 3 (2) is given to the holder of the permit.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 March 1994.

2. Statutory Rules 1993 No. 457 as amended by 1993 Nos. 72 and 301.