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

FISHING LEVY (SOUTHERN SHARK FISHERY RESEARCH) REGULATIONS
(#DATE 07:12:1993)

- In force under the Fishing Levy Act 1991 and the Fisheries Management Act 1991

- Updated as at 7 December 1993
*1* The Fishing Levy (Southern Shark Fishery Research) Regulations (in force under the Fishing Levy Act 1991 and the Fisheries Management Act 1991) as shown in this reprint comprise Statutory Rules 1993 No. 71 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
1993 No. 71 11 May 1993 11 May 1993
302 19 Nov 1993 19 Nov 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1993 No. 302
R. 5 rep. 1993 No. 302

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

                     TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Interpretation

    3.    Amount of levy

    4.    When levy is due and payable

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


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

FISHING LEVY (SOUTHERN SHARK FISHERY RESEARCH) 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; and

  (b) running:

    (i) from there 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; and

    (ii) from there generally south and west along that outer

limit to its first intersection south of Australia with the meridian of
longitude 129 degrees East; and

    (iii) from there north along the meridian of longitude 129

degrees East to its intersection with the southern coastline of Australia;
and

    (iv) from there generally north and east along that coastline

to the point of commencement;

  "gillnet" means a 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;

  "hook shark" means cartilaginous fish of the species:

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

  (b) Mustelus antarcticus (known as gummy shark);

  "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 fishing permit" means a shark gillnet fishing permit or a shark hook
fishing permit;

  "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 RESEARCH) REGULATIONS - REG 3 
Amount of levy 


  3. (1) Subject to subregulation (2), for the purposes of section 6 of the
Levy Act, the amount of levy prescribed in respect of a shark gillnet fishing
permit is $45 for each net unit specified in a condition of the permit.
  (2) If the person granted a shark gillnet fishing permit is the holder of a
shark hook fishing permit in respect of which levy is prescribed by
subparagraph (3) (b) (ii), the amount prescribed in subregulation (1) in
respect of the shark gillnet fishing permit is reduced by the amount specified
in subparagraph (3) (b) (ii).
  (3) For the purposes of section 6 of the Levy Act, the amount of levy
prescribed in respect of a shark hook fishing permit is:

  (a) if the permit is granted to a person at the same time as, or after, the
grant to that person of a shark gillnet fishing permit in respect of which
levy is prescribed by subregulation (1) - nil; or

  (b) in any other case:

    (i) if the permitted catch of hook shark specified in a

condition of the permit is not more than the prescribed weight of hook shark
per trip - nil; or

    (ii) if the permitted catch of hook shark specified in a

condition of the permit is more than the prescribed weight of hook shark per
trip - $50.
  (4) For the purposes of subregulation (3), the prescribed weight of hook
shark per trip is the lesser of:

  (a) the total weight of the first 5 carcasses of hook shark taken; or

  (b) 50 kilograms of hook shark.
  (5) In subregulations (3) and (4), "trip" means a voyage by a boat:

  (a) commencing at a place on the coastline of Australia: and

  (b) proceeding to and from, or through, the area of the Southern Shark
Fishery for the purposes of fishing; and

  (c) ending at a place on the coastline of Australia where fish taken using
the boat are unloaded.

FISHING LEVY (SOUTHERN SHARK FISHERY RESEARCH) REGULATIONS - REG 4 
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 fishing permit granted in the period beginning on
1 January 1993 and ending immediately before the commencement of these
Regulations - on or before 31 May 1993; and

  (b) in the case of a shark fishing permit granted on or after the
commencement of these Regulations:

    (i) on the day on which the permit comes into force; or

    (ii) if a later date is specified in the permit as the day on

which levy is due and payable - on that day.