Wildlife (Tour Operator Licence Fee) Regulations 2011 (Vic)
Version No. 002
Wildlife (Tour Operator Licence Fee) Regulations 2011
S.R. No. 44/2011
Version incorporating amendments as at
12 September 2018
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
Part 2—Standard licence fees
5Application for standard licence
6Annual licence fee for standard licence
7Option to pay multi-year licence fees in lump sum from 1 July 2014
8Use fee for a standard licence
9Use fee cap
10Payment of a use fee
11Use fee form
Part 3—Competitively allocated licence fees
12Application of Part
13Application for competitively allocated licence
14Annual licence fees for competitively allocated licence
15Use fee for a competitively allocated licence
16Use fee form
Part 4—Reduction, refund and waiver
17Reduction, waiver or refund of licence fees
18Fees cannot be waived, reduced or refunded in certain circumstances
19Surrender of licence
Part 5—Transitional provisions
20Regulations do not apply to existing licences
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Wildlife (Tour Operator Licence Fee) Regulations 2011
S.R. No. 44/2011
Version incorporating amendments as at
12 September 2018
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to prescribe the fees payable in respect of tour operator licences granted in respect of State Wildlife Reserves under the Wildlife Act 1975; and
(b)to provide for the reduction, waiver or refund of tour operator licence fees.
2Authorising provision
These Regulations are made under section 87A of the Wildlife Act 1975.
3Commencement
These Regulations come into operation on 1 July 2011.
4Definitions
In these Regulations—
child means—
(a)a person under the age of 16; or
(b)a person of compulsory school age who is educated at a school;
competitively allocated licence means a tour operator licence granted to a person following a competitive licence application process;
compulsory school age has the same meaning as it has in the Education and Training Reform Act 2006;
Expression of Interest document means an invitation advertised to the public requesting persons interested in conducting organised tours or recreational activities for profit that are specified in the document to apply for a competitively allocated licence;
school has the same meaning as it has in the Education and Training Reform Act 2006;
standardlicence means a tour operator licence granted to a person following a standard licence application process;
the Act means the Wildlife Act 1975;
use fee means the fee payable by the holder of a tour operator licence calculated by the land manager based on the number of individuals who, each day, enter State Wildlife Reserves as part of an organised tour or recreational activity for profit conducted by the holder of the tour operator licence;
use fee cap means the maximum use fee specified in regulation 9.
Part 2—Standard licence fees
5Application for standard licence
For the purposes of section 21C of the Act, an applicant for a standard licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 6 if granted that licence.
6Annual licence fee for standard licence
(1)For the purposes of section 21D of the Act, the holder of a standard licence granted for one year must pay an annual licence fee comprising—
(a)a fee in accordance with subregulation (2); and
(b)a use fee in accordance with regulation 8.
(2)The holder of a standard licence granted for one year must pay a fee on the granting of the licence as follows—
(a)for a licence granted in the financial year ending 30 June 2012 or 30 June 2013, a fee of $110;
(b)for a licence granted in the financial year ending 30 June 2014, a fee of $255;
(c)for a licence granted in the financial year ending 30 June 2015 or a subsequent financial year, a fee of 20·78 fee units.
(3)For the purposes of section 21D of the Act, the holder of a standard licence granted for more than one year must pay an annual licence fee comprising—
(a)the relevant fees in accordance with subregulation (4)(a) and (b); and
(b)a use fee in accordance with regulation 8.
(4)The holder of a standard licence granted for more than one year must pay a fee—
(a)on the granting of the licence in respect of the first year of the licence—
(i)of $110 if it is granted in the financial year ending 30 June 2012 or 30 June 2013;
(ii)of $200 if it is granted in the financial year ending 30 June 2014;
(iii)of 16·3 fee units if it is granted in the financial year ending 30 June 2015 or a subsequent financial year unless the holder of the licence elects to pay the part of the annual licence fee required by subregulation (3)(a) in a lump sum in accordance with regulation 7; and
(b)for each year that the licence is in force for the duration of the licence other than the year the licence was granted—
(i)of $110 in the financial year ending 30 June 2013;
(ii)of $200 in the financial year ending 30 June 2014;
(iii)of 16·3 fee units in the financial year ending 30 June 2015 and each subsequent financial year unless the holder of the licence elects to pay the balance of the part of the annual licence fee required by subregulation (3)(a) in accordance with regulation 7.
7Option to pay multi-year licence fees in lump sum from 1 July 2014
The fees payable under regulation 6(4) for a standard licence granted for more than one year may, from 1 July 2014, be paid in a lump sum as follows—
(a)if the licence is granted on or after 1 July 2014—the fee specified in regulation 6(4)(a)(iii) plus the fee specified in regulation 6(4)(b)(iii) in respect of each year the licence will be in force, payable in a lump sum on the grant of the licence; or
(b)if the licence is in force on and after 1 July 2014—the fee specified in regulation 6(4)(b)(iii) in respect of each year the licence will be in force, payable in a lump sum by 30 June of the financial year.
8Use fee for a standard licence
(1)Subject to regulation 9, the use fee payable on a standard licence is comprised of the amount calculated by the land manager under subregulations (2) and (3).
(2)The use fee payable in respect of each person, who is not a child, for each day the person participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence is—
(a)$1.10 in the financial year ending 30 June 2012 or 30 June 2013;
(b)$2.40 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June.
(3)The use fee payable in respect of each child, for each day the child participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence is—
(a)$0.75 in the financial year ending 30 June 2012 or 30 June 2013;
(b)$1.60 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June.
9Use fee cap
(1)If the use fees payable under regulation 8 by the holder of a standard licence at the end of each financial year exceed the amount of the use fee cap for that financial year as specified in subregulation (2), the holder of the licence is not liable to pay any use fees in excess of that amount.
(2)The use fee cap for—
(a)the financial year ending 30 June 2012 or 30 June 2013 is $5500;
(b)the financial year ending 30 June 2014 is $12 500;
(c)the financial year ending 30 June 2015, and each subsequent financial year ending 30 June, is 1018·74 fee units.
10Payment of a use fee
(1)The holder of a standard licence may pay the use fees payable under the licence—
(a)quarterly; or
(b)annually.
(2)If the holder of a standard licence pays the use fees payable under the licence and that licence holder pays more than the use fee cap, at the end of the financial year, the licence holder is entitled to a refund for any amount paid in excess of the use fee cap.
11Use fee form
(1)The holder of a standard licence must maintain a record of the number of persons that participate in any organised tour or recreational activity for which the holder of the standard licence holds the licence.
(2)A record referred to in subregulation (1) must—
(a)be kept in respect of each day the organised tour or recreational activity is conducted; and
(b)be in Form 1 in the Schedule; and
(c)be provided to the land manager on a quarterly or annual basis.
Part 3—Competitively allocated licence fees
12Application of Part
This Part applies if the land manager determines that it is necessary to limit the number of tour operator licences granted in respect of State Wildlife Reserves for all or any of the following—
(a)environmental reasons;
(b)cultural reasons;
(c)to ensure public safety.
13Application for competitively allocated licence
For the purposes of section 21C of the Act, an applicant for a competitively allocated licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 14 if granted that licence.
14Annual licence fees for competitively allocated licence
(1)The annual licence fee for a competitively allocated licence comprises—
(a)the fee fixed by the land manager and set out in the relevant Expression of Interest document for that competitively allocated licence, having regard to any guidelines issued by the Minister; and
(b)a use fee calculated in accordance with regulation 15.
(2)The fee fixed by the land manager must be a minimum of 20·78 fee units.
(3)The holder of a competitively allocated licence must pay the licence fee fixed under subregulation (1)(a)—
(a)on the granting of the licence in respect of the first year of the licence, and by 30 June each year after for the duration of the licence; or
(b)in a lump sum at the start of the licence period.
15Use fee for a competitively allocated licence
(1)The use fee payable on a competitively allocated licence is the amount calculated by the land manager as follows—
(a)in respect of each person, who is not a child, for each day the person participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence—
(i)$1.10 in the financial year ending 30 June 2012 or 30 June 2013;
(ii)$2.40 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June;
(b)in respect of each child, for each day the child participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence—
(i)$0.75 in the financial year ending 30 June 2012 or 30 June 2013;
(ii)$1.60 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June.
(2)The holder of a competitively allocated licence may pay the use fee—
(a)quarterly; or
(b)annually.
16Use fee form
(1)The holder of a competitively allocated licence must maintain a record of the number of persons that participate in any organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence.
(2)A record referred to in subregulation (1) must—
(a)be kept in respect of each day the organised tour or recreational activity is conducted; and
(b)be in Form 1 in the Schedule; and
(c)be provided to the land manager on a quarterly or annual basis.
Part 4—Reduction, refund and waiver
17Reduction, waiver or refund of licence fees
(1)The holder of a standard licence or the holder of a competitively allocated licence may apply to the land manager for a fee payable under these Regulations—
(a)to be waived in full or in part; or
(b)to be reduced; or
(c)to be refunded.
(2)An application under subregulation (1) must be in writing.
(3)Subject to regulation 18, the land manager, on the land manager's own motion, or on application under subregulation (1) may—
(a)waive, in full or in part, a fee payable under these Regulations; or
(b)reduce a fee payable under these Regulations; or
(c)refund a fee paid under these Regulations.
(4)The land manager must have regard to the following when making a decision under subregulation (3)—
(a)whether payment of the fee would cause, or has caused, undue financial hardship to the holder of a licence;
(b)whether payment of the fee by a holder of a licence would be manifestly unfair;
(c)the impact a natural or unnatural event has had on the ability of a holder of a licence to continue to conduct organised tours or recreational tours on State Wildlife Reserves.
18Fees cannot be waived, reduced or refunded in certain circumstances
(1)The holder of a standard licence, or the holder of a competitively allocated licence, whose licence has been suspended under section 21H of the Act is not eligible to have—
(a)outstanding fees payable under these Regulations waived; or
(b)outstanding fees payable under these Regulations reduced; or
(c)any fees paid under these Regulations refunded.
(2)Subject to subregulation (3), a person who has had his or her licence cancelled under section 21J of the Act is not eligible to have—
(a)outstanding fees payable under these Regulations waived; or
(b)outstanding fees payable under these Regulations reduced; or
(c)in the case of a licence granted for one year—any fees paid under these Regulations refunded; or
(d)in the case of a licence granted for more than one year—any fees paid for any completed or commenced year of the licence refunded.
(3)If a person who has had his or her licence cancelled under section 21J of the Act held that licence for a period greater than one year before that cancellation, that person remains eligible for a refund on a pro-rata basis of fees for a non‑commenced year of the licence if that person paid the fees in advance.
19Surrender of licence
The land manager may refund to a holder of a licence on a pro-rata basis for any non-commenced year of the licence any fees paid in advance under these Regulations if the holder of the licence surrenders the licence.
Part 5—Transitional provisions
20Regulations do not apply to existing licences
These Regulations do not apply to a licence to enter State Wildlife Reserves as part of an organised tour or recreational activity for profit conducted by the holder of the licence if that licence was in force immediately before 1 July 2011 until that licence, as in force immediately before 1 July 2011, expires.
Schedule
FORM 1
Regulations 11 and 16
TOUR OPERATOR TRIP RETURN
| Licence No.: Licence Holder: |
| Date | Location | Activity | No. of Adults | x No. of days/ trip | A
| Total | No. of students/ child | x No. of days/ trip | Total | B
| A + B totals = Cheque total |
| Cheque amount: | $ |
| I certify that the records above are a true and correct account of all tours conducted on public land for the period: Please tick o 1 July–30 September o 1 January–31 March o 1 October–31 December o 1 April–30 June |
Address of land management agency: |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Wildlife (Tour Operator Licence Fee) Regulations 2011, S.R. No. 44/2011 were made on 28 June 2011 by the Governor in Council under section 87A of the Wildlife Act 1975, No. 8699 and came into operation on 1 July 2011: regulation 3.
The Wildlife (Tour Operator Licence Fee) Regulations 2011 will sunset 10 years after the day of making on 28 June 2021 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Wildlife (Tour Operator Licence Fee) Regulations 2011 by statutory rules, subordinate instruments and Acts.
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Wildlife (Tour Operator Licence Fee) Amendment Regulations 2018, S.R. No. 129/2018
Date of Making: 11.9.18 Date of Commencement: 12.9.18: reg. 3
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of 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 2018 is $14.45. 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.
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