Fisheries Management (Fishing Levy Collection) Regulations 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L01536 Regulations In force Legislative Instrument

Legislation content

Fisheries Management (Fishing Levy Collection) Regulations 2018

made under the

Fisheries Management Act 1991

Compilation No. 7

Compilation date: 16 December 2025

Includes amendments: F2025L01582

About this compilation

This compilation

This is a compilation of the Fisheries Management (Fishing Levy Collection) Regulations 2018 that shows the text of the law as amended and in force on 16 December 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Definitions

5 Collection and payment of levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Fisheries Management (Fishing Levy Collection) Regulations 2018.

3  Authority

  This instrument is made under the Fisheries Management Act 1991.

4  Definitions

Note: Dealing is defined in the Fisheries Management Act 1991.

  In this instrument:

leviable fishing concession has the same meaning as in the Levy Regulations.

leviable SESSF quota fishing permit has the same meaning as in section 18 of the Levy Regulations.

leviable SESSF quota SFR has the same meaning as in section 17 of the Levy Regulations.

levy means levy imposed by the Levy Act.

Levy Act means the Fishing Levy Act 1991.

Levy Regulations means the Fishing Levy Regulations 2018.

Management Act means the Fisheries Management Act 1991.

5  Collection and payment of levy

 (1) For the purposes of sections 110 and 111 of the Management Act, this section provides for:

 (a) when levy is due and payable; and

 (b) the payment of levy by instalments.

Leviable fishing concessions—general

 (2) Subject to subsections (7) to (9), an amount of levy in respect of a leviable fishing concession must be paid in 3 approximately equal instalments.

 (3) The instalments are due and payable as follows:

 (a) the first instalment is due and payable on 11 February 2026;

 (b) the second instalment is due and payable on 8 April 2026;

 (c) the third instalment is due and payable on 3 June 2026.

 (4) Despite paragraph (3)(a), if a dealing occurs on or after 14 January 2026 and before 11 February 2026 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the first instalment is due and payable on the earlier of:

 (a) 11 February 2026; and

 (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.

 (5) Despite paragraph (3)(b), if a dealing occurs on or after 11 March 2026 and before 8 April 2026 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the second instalment is due and payable on the earlier of:

 (a) 8 April 2026; and

 (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.

 (6) Despite paragraph (3)(c), if a dealing occurs on or after 6 May 2026 and before 3 June 2026 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the third instalment is due and payable on the earlier of:

 (a) 3 June 2026; and

 (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.

Leviable SESSF quota fishing permits to which subsection 18(4) of the Levy Regulations applies

 (7) If subsection 18(4) of the Levy Regulations applies to a leviable SESSF quota fishing permit, the amount of levy in respect of the permit must be paid in 2 approximately equal instalments.

 (8) The instalments are due and payable as follows:

 (a) the first instalment is due and payable on 11 February 2026;

 (b) the second instalment is due and payable on 8 April 2026.

Certain leviable SESSF quota SFRs

 (9) An amount of levy in respect of a leviable SESSF quota SFR that authorises the taking of a quota species mentioned in item 14 or 17 of the table in subsection 17(3) of the Levy Regulations, or item 1, 2, 10 or 11 of the table in subsection 17(4) of that instrument, is due and payable on:

 (a) 3 June 2026; or

 (b) if a dealing occurs on or after 6 May 2026 and before 3 June 2026 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the SFR—the earlier of:

 (i) 3 June 2026; and

 (ii) the day before the day an application is made to register the dealing under section 46 of the Management Act.

Note: Section 7 of the Levy Act provides that levy in respect of a fishing concession is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing concession.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fisheries Management (Fishing Levy Collection) Regulations 2018

5 Nov 2018 (F2018L01536)

6 Nov 2018 (s 2(1) item 1)

 

Fisheries Management (Fishing Levy Collection) Amendment (20192020 Instalment Dates) Regulations 2019

3 Dec 2019 (F2019L01562)

4 Dec 2019 (s 2(1) item 1)

Fisheries Management (Fishing Levy Collection) Amendment (20202021 Instalment Dates) Regulations 2020

7 Dec 2020 (F2020L01538)

8 Dec 2020 (s 2(1) item 1)

Fisheries Management (Fishing Levy Collection) Amendment (20212022 Instalment Dates) Regulations 2021

30 Nov 2021 (F2021L01647)

1 Dec 2021 (s 2(1) item 1)

Fisheries Management (Fishing Levy Collection) Amendment (20222023 Instalment Dates) Regulations 2022

15 Dec 2022 (F2022L01655)

16 Dec 2022 (s 2(1) item 1)

Fisheries Management (Fishing Levy Collection) Amendment (20232024 Instalment Dates) Regulations 2023

15 Dec 2023 (F2023L01688)

16 Dec 2023 (s 2(1) item 1)

Fisheries Management (Fishing Levy Collection) Amendment (20242025 Instalment Dates) Regulations 2024

6 Dec 2024 (F2024L01593)

7 Dec 2024 (s 2(1) item 1)

Fisheries Management (Fishing Levy Collection) Amendment (20252026 Instalment Dates) Regulations 2025

15 Dec 2025 (F2025L01582)

16 Dec 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2019L01562; F2020L01538; F2021L01647; F2022L01655; F2023L01688; F2024L01593; F2025L01582

 

Overview

The Fisheries Management (Fishing Levy Collection) Regulations 2018 were enacted under the Fisheries Management Act 1991, with the aim of addressing issues related to the collection of fishing levies. These regulations were made by the relevant legislature to provide detailed guidelines for the collection and payment of fishing levies. The policy objective is to ensure that fishing levies are collected in a structured and timely manner, facilitating the management of fisheries resources in Australia. This legislative instrument outlines the specific dates for instalment payments, taking into account potential transfers of leviable fishing concessions, thus ensuring compliance and efficient administration of the levy collection process.

Scope and Application

The Fisheries Management (Fishing Levy Collection) Regulations 2018, made under the Fisheries Management Act 1991, apply to the collection and payment of the fishing levy for certain fishing concessions, South Eastern Scalefish and Shark Fishery (SESSF) quota fishing permits, and SESSF quota special fishing rights (SFRs) within Australian waters. These regulations specify the timing and method of levy payments, which are generally made in instalments, and they address scenarios where a fishing concession or quota is transferred, adjusting the due dates for the levy payments accordingly. The regulations apply to any person or entity holding a leviable fishing concession, SESSF quota fishing permit, or SESSF quota SFR, with the levy being payable by the holder of the concession or permit at the time the levy is due. The regulations have a national reach as they apply across all states and territories of Australia, governed by the overarching Fisheries Management Act 1991. Amendments to the regulations, primarily adjusting the instalment dates for levy payments, are made through subordinate legislation and are effective from the dates specified in each amending regulation.

Key Provisions

The Fisheries Management (Fishing Levy Collection) Regulations 2018 (the Regulations) are made under the Fisheries Management Act 1991 (the Management Act) and provide detailed rules for the collection and payment of the fishing levy. Section 5 of the Regulations outlines when the levy is due and payable, specifying that it must be paid in instalments. For leviable fishing concessions, the levy is to be paid in three approximately equal instalments, with due dates on 11 February 2026, 8 April 2026, and 3 June 2026. If a dealing occurs that would transfer the concession before these dates, the payment deadlines can be adjusted to the day before an application is made to register the dealing under section 46 of the Management Act. For leviable SESSF quota fishing permits, the levy must be paid in two approximately equal instalments due on 11 February 2026 and 8 April 2026. For certain leviable SESSF quota Special Fishing Rights (SFRs), the levy is due on 3 June 2026, or earlier if a dealing occurs before this date. The Regulations impose specific obligations on the parties governed by them. The levy is payable by the person who is the holder of the fishing concession at the time the levy is due and payable, as per section 7 of the Fishing Levy Act 1991. The Regulations require the timely payment of the levy in the specified instalments, with adjustments made for dealings that would transfer the concession before the due dates. These obligations ensure that the fishing levy is collected in a structured and timely manner, facilitating the administration of the levy by the relevant authorities. Breaches of the Regulations can lead to civil and criminal consequences. While specific penalties are not detailed in the Regulations themselves, the general provisions of the Management Act and related legislation could apply. Typically, failure to pay the levy when due could result in penalties, fines, or legal action. The seriousness of the breach, including whether it is intentional or due to negligence, could influence the extent of the penalties imposed. It is important for entities subject to these Regulations to ensure compliance to avoid potential legal repercussions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Collection and payment of levy
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.