Fishing Levy (Southern Shark Fishery) Regulations (Cth)

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS
- In force under the Fishing Levy Act 1991 and the Fisheries Management Act
1991
- Updated as at 25 October 1994 (HISTREG CHAP 997 #DATE 25:10:1994)

*1* The Fishing Levy (Southern Shark Fishery) Regulations (in force under the Fishing Levy Act 1991 and the Fisheries Management Act 1991) as shown in this reprint comprise Statutory Rules 1992 No. 457 amended as indicated in the Tables below.

Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1992 No. 457 24 Dec 1992 24 Dec 1992
1993 No. 73 11 May 1993 11 May 1993 -
298 19 Nov 1993 19 Nov 1993 -
1994 No. 78 30 Mar 1994 30 Mar 1994 -
342 18 Oct 1994 18 Oct 1994 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1994 No. 78
R. 3 rs. 1994 Nos. 78 and 342
R. 4 rs. 1993 No. 73
rep. 1993 No. 298
ad. 1994 No. 78
rs. 1994 No. 342
#ADD 3:11:1994

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS - TABLE OF PROVISIONS 
TABLE

                               TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Interpretation

    3.    Amount of levy

    4.    When is levy due and payable?

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS - REG 1 
Citation 


  1. These Regulations may be cited as the Fishing Levy (Southern Shark
Fishery) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS - REG 2 
Interpretation 


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

  "area of the Southern Shark 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 37 degrees 30' South;

  (b) then running east along the geodesic to the intersection of the parallel
of latitude 38 degrees 58' South 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 129 degrees
East;

  (d) then north along the meridian of longitude 129 degrees 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;

  "gillnet" means the flexible mesh net, commonly known as a gillnet, tangle
net or graball net and commonly detached from a boat, left floating in the
water column or resting on the sea bed and later recovered by that boat;

  "Levy Act" means the Fishing Levy Act 1991;

  "Management Act" means the Fisheries Management Act 1991;

  "net unit" means a unit of size of a gillnet;

  "shark" means cartilaginous fish of:

  (a) the species Galeorhinus galeus (Australia) (known as school shark); or

  (b) the species Mustelus antarcticus (known as gummy shark); or

  (c) other species in the class Chondrichthyes (except fish known as skates
or rays) known as sharks;

  "shark gillnet fishing permit" means a fishing permit for fishing for shark
in the area of the Southern Shark Fishery by means of gillnets;

  "shark hook fishing permit" means a fishing permit for fishing for shark in
the area of the Southern Shark Fishery by means of hooks.

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS - REG 3 
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 granted in the period that
commenced at the beginning of 11 June 1994 and ends at the end of 10 June 1995
is $700 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 for a
shark hook fishing permit granted in the period that commenced at the
beginning of 11 June 1994 and ends at the end of 10 June 1995 is:

  (a)  if it is a condition of the permit that not more than 1,000 hooks may
be used to fish from the boat to which the permit relates - $1,370; or

  (b) if it is a condition of the permit that not more than 2,000 hooks may be
used to fish from the boat to which the permit relates - $2,740.

FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS - REG 4 
When is levy due and payable? 


  4.(1) For the purposes of section 110 of the Management Act, levy for a
shark gillnet fishing permit is due and payable:

  (a) if the permit was granted before 12 October 1994:

    (i) for each net unit specified in a condition of the permit - $100

before the end of 9 November 1994; and

    (ii) the balance no later than 30 April 1995;

  (b) if the permit is granted in the period that begins on 12 October 1994
and ends at the end of 1 April 1995:

    (i) for each net unit specified in a condition of the permit - $100

before the end of 28 days after the day on which the permit is granted; and

    (ii) the balance no later than 30 April 1995;

  (c) if the permit is granted in the period that begins on 2 April 1995 and
ends at the end of 10 June 1995 - before the end of 28 days after the day on
which the permit is granted.


  (2) For the purposes of section 110 of the Management Act, levy for a shark
hook fishing permit is due and payable:

  (a) if the permit is granted before 2 April 1995 - no later than 30 April
1995;

  (b) if the permit is granted in the period that begins on 2 April 1995 and
ends at the end of 10 June 1995 - before the end of 28 days after the day on
which the permit is granted.