Untitled document

Fisheries (Fees, Levies and Royalties) Regulations 2006

S.R. No. 17/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provisions

3.Commencement

4.Principal Regulations

5.Levies on general permits for developing fisheries

6.Insertion of new regulations 617D and 617E

617D.Levy on general permit for urchin developing fishery

617E.Levy on individual abalone quota units

7.Royalty for blacklip abalone quota units

8.Application fee for transfer of individual quota units

9.New regulation 624A inserted

624A.Fee to obtain abalone quota unit holding statement

10.Tables B and BA in Schedule 12 substituted

11.New Table C in Schedule 12 inserted

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 17/2006

Fisheries Act 1995

Fisheries (Fees, Levies and Royalties) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 28 February 2006

Responsible Minister:

BOB CAMERON
Minister for Agriculture

JUSTINE FRANKLIN

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to make further provision in relation to fees, levies and royalties payable under the Fisheries Act 1995.

2.Authorising provisions

These Regulations are made under sections 150, 151 and 153 of the Fisheries Act 1995.

3.Commencement

These Regulations come into operation on 1 April 2006.

4.Principal Regulations

In these Regulations, the Fisheries Regulations 1998[1] are called the Principal Regulations.

5.Levies on general permits for developing fisheries

(1)In regulation 617B of the Principal Regulations, for "$2042" substitute "$2093".

(2)In regulation 617C of the Principal Regulations, for "$10 225" substitute "$10 480".

6.Insertion of new regulations 617D and 617E

After regulation 617C of the Principal Regulations insert¾

"617D.Levy on general permit for urchin developing fishery

(1)The holder of a general permit to take urchins from the urchin developing fishery for a period of 1 year must pay to the Secretary a levy of $943.

Penalty:20 penalty units.

(2)The holder of a general permit to take urchins from the urchin developing fishery for a period of 3 years must pay to the Secretary a levy of $1572.

Penalty:20 penalty units.

617E.Levy on individual abalone quota units

The holder of an individual abalone quota unit that is of a class specified in Column 1 of Table C of Schedule 12 must, for each individual abalone quota unit he or she holds of that class, pay to the Secretary¾

(a)the levy for management specified in Column 2 of that Table opposite that class of quota unit; and

(b)the levy for compliance specified in Column 3 of that Table opposite that class of quota unit; and

(c)the levy for research specified in Column 4 of that Table opposite that class of quota unit; and

(d)the levy for the Fisheries Research Development Corporation specified in Column 5 of that Table opposite that class of quota unit; and

(e)the levy for funding peak bodies specified in Column 6 of that Table opposite that class of quota unit.

Penalty:20 penalty units.".

7.Royalty for blacklip abalone quota units

(1)Insert the following heading to regulation 620 of the Principal Regulations¾

"Royalty for individual blacklip abalone quota units".

(2)In regulation 620(1) of the Principal Regulations, for "Abalone Fishery Access Licence" substitute "individual blacklip abalone quota unit".

(3)For regulation 620(2) of the Principal Regulations, substitute—

"(2)The royalty payable in respect of each individual blacklip abalone quota unit is the amount calculated in accordance with the following formula¾

(0∙072 × GVP) − (FMS + FRDC)

where—

GVPis the average weighted beach price per kilogram of blacklip abalone for the financial year preceding the year to which the royalty relates multiplied by the weight of abalone in kilograms allocated to the individual blacklip abalone quota unit in the quota period to which the royalty relates;

FMSis comprised of—

(a)the levies payable for the category of individual blacklip abalone quota unit specified in Column 1 of Table C of Schedule 12 in respect of the levies in Columns 2, 3 and 4 of that Table; and

(b)an amount determined in accordance with the formula—

A × B

C

where—

Ais the amount of levy specified in Column 2 of Table B of Schedule 12 in respect of an Abalone Fishery Access Licence;

Bis the number of Abalone Fishery Access Licences in force in respect of the abalone zone in respect of which the individual blacklip abalone quota unit is held;

Cis the number of individual blacklip abalone quota units issued in respect of the zone referred to in "B"—

being the levies that are payable in respect of services provided by Fisheries Victoria;

FRDCis comprised of the levies payable for the category of individual blacklip abalone quota unit specified in Column 1 of Table C of Schedule 12 in respect of the levy in Column 5 of that Table being the levy that is payable in respect of research undertaken by the Fisheries Research Development Corporation.".

8.Application fee for transfer of individual quota units

In regulation 622(a) of the Principal Regulations, for "18∙9" substitute "27∙8".

9.New regulation 624A inserted

After regulation 624 of the Principal Regulations insert—

"624A.Fee to obtain abalone quota unit holding statement

For the purposes of section 66H(2) of the Act, the fee to obtain an abalone quota unit holding statement is 3∙6 fee units.".

10.Tables B and BA in Schedule 12 substituted

For Tables B and BA in Schedule 12 to the Principal Regulations substitute—

"TABLE B

LEVIES FOR COMMERCIAL FISHERY ACCESS LICENCES

Column 1 Category of Licence	Column 2 Management FMS1 Levy	Column 3 Compliance FMS1 Levy	Column 4 Research FMS1 Levy	Column 5 FRDC2 Levy	Column 6 Peak Body Levy	Column 7 TOTAL of Columns 2 to 6
Abalone Fishery Access Licence (Western Zone)	$2000	$0	$0	$0	$50	$2050
Abalone Fishery Access Licence (Central Zone)	$2000	$0	$0	$0	$50	$2050
Abalone Fishery Access Licence (Eastern Zone)	$2000	$0	$0	$0	$50	$2050
Bait (General) Fishery Access Licence	$117	$56	$61	$54	$337	$625
Corner Inlet Fishery Access Licence	$0	$340	$573	$242	$337	$1492
Eel Fishery Access Licence	$716	$1926	$61	$24	$337	$3064
Column 1 Category of Licence	Column 2 Management FMS1 Levy	Column 3 Compliance FMS1 Levy	Column 4 Research FMS1 Levy	Column 5 FRDC2 Levy	Column 6 Peak Body Levy	Column 7 TOTAL of Columns 2 to 6
Giant Crab Fishery Access Licence	$94	Variable amount: $8.19 per quota unit (for combined compliance and research levies)		$39	$337	$470 plus variable amount calculated as set out in the combined Column 3 and 4
Gippsland Lakes Fishery Access Licence	$72	$611	$573	$111	$337	$1704

Gippsland Lakes Fishery (Bait) Access Licence	$117	$56	$61	$54	$252	$540
Gippsland Lakes Fishery (Mussel Dive) Access Licence	$117	$56	$61	$54	$337	$625
Lake Tyers (Bait)  Access Licence	$117	$56	$61	$54	$252	$540
Mallacoota Lower Lake Fishery (Bait) Access Licence	$117	$56	$61	$54	$252	$540
Ocean Fishery Access Licence	$127	$37	$148	$10	$337	$659
Port Phillip Bay (Mussel Bait) Access Licence	$117	$56	$61	$54	$252	$540
Column 1 Category of Licence	Column 2 Management FMS1 Levy	Column 3 Compliance FMS1 Levy	Column 4 Research FMS1 Levy	Column 5 FRDC2 Levy	Column 6 Peak Body Levy	Column 7 TOTAL of Columns 2 to 6
Purse Seine (Ocean) Access Licence	$127	$37	$148	$10	$337	$659

Purse Seine (Port Phillip Bay)  Fishery Access Licence	$82	$78	$573	$0	$337	$1070
Rock Lobster Fishery (Western Zone) Access Licence	$2222	Variable amount: $51.28 per quota unit, plus $19.57 for each rock lobster pot specified in licence (for combined compliance and research levies)		$368	$337	$2927 plus variable amount calculated as set out in the combined Column 3 and 4
Rock Lobster Fishery (Eastern Zone) Access Licence	$1215	Variable amount: $0.73 per quota unit, plus $0.18 for each rock lobster pot specified in licence (for combined compliance and research levies)		$83	$337	$1635 plus variable amount calculated as set out in the combined Column 3 and 4
Scallop (Ocean) Fishery Access Licence	$1143	$0	$140	$11	$337	$1631
Snowy River Fishery (Bait) Access Licence	$117	$56	$61	$54	$252	$540
Sydenham Inlet Fishery (Bait) Access Licence	$117	$56	$61	$54	$252	$540
Column 1 Category of Licence	Column 2 Management FMS1 Levy	Column 3 Compliance FMS1 Levy	Column 4 Research FMS1 Levy	Column 5 FRDC2 Levy	Column 6 Peak Body Levy	Column 7 TOTAL of Columns 2 to 6
Trawl (Inshore) Fishery Access Licence	$33	$0	$573	$16	$337	$959
Western Port/ Port Phillip Bay Fishery Access Licence	$74	$714	$573	$147	$337	$1845
Wrasse (Ocean) Fishery Access Licence	$9	$26	$0	$18	$337	$390

Note:1.   FMS means Fisheries Management Services.

2.FRDC means Fisheries Research Development Corporation.

TABLE BA

LEVIES FOR FISH RECEIVERS' LICENCES

Column 1 Category of Licence		Column 2 Management FMS1 Levy		Column 3 Compliance FMS1 Levy		Column 4 Research FMS1 Levy		Column 5 FRDC 2 Levy		Column 6 Peak Body Levy		Column 7 TOTAL of Columns 2 to 6
Fish Receivers' (Abalone) Licence		$2988		$905		$0		$0		$3668		$7561
Fish Receivers' (Scallop) Licence		$538		$0		$0		$0		$661		$1199

Note:1.   FMS means Fisheries Management Services.

2.FRDC means Fisheries Research Development Corporation.".

11.New Table C in Schedule 12 inserted

After Table BB in Schedule 12 to the Principal Regulations insert¾

"TABLE C

LEVIES FOR INDIVIDUAL ABALONE QUOTA UNITS

Column 1 Category of individual abalone quota unit	Column 2 Management FMS1 Levy	Column 3 Compliance FMS1 Levy	Column 4 Research FMS1 Levy	Column 5 FRDC2 Levy	Column 6 Peak Body Levy	Column 7 TOTAL of Columns 2 to 6
Individual blacklip abalone quota unit (Western Zone)	$238	$882	$211	$105	$300	$1736
Individual blacklip abalone quota unit (Central Zone)	$240	$1116	$211	$105	$275	$1947
Individual blacklip abalone quota unit (Eastern Zone)	$122	$561	$211	$105	$50	$1049
Individual greenlip abalone quota unit (Western Zone)	$0	$0	$0	$0	$850	$850
Individual greenlip abalone quota unit (Central Zone)	$0	$0	$0	$0	$869	$869

Note:1.   FMS means Fisheries Management Services.

2.FRDC means Fisheries Research Development Corporation.".

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ENDNOTES

[1] Reg. 4: S.R. No. 23/1998.  Reprint No. 5 as at 1 April 2005.  Reprinted to S.R. No. 9/2005 and subsequently amended by S.R. Nos 86/2005, 103/2005, 123/2005 and 150/2005.

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Fee Units

These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2005, is $10.49.  The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.