Fishing Levy Regulations 2002

Fishing Levy Regulations 2002

Statutory Rules 2002 No. 305 as amended

made under the

Fisheries Management Act 1991 and the Fishing Levy Act 1991

This compilation was prepared on 25 June 2003
taking into account amendments up to SR 2003 No. 134

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

 1.1 Name of Regulations [see Note 1] 

 1.2 Commencement [see Note 1] 

 1.3 Fishing Levy Regulations 2001 — repeal 

 1.4 Definitions 

 1.5 References to fisheries 

Part 2 Bass Strait Scallop Fishery

 2.1 Definition 

 2.2 Amount of levy 

 2.3 When levy must be paid 

Part 3 Christmas Island and Cocos (Keeling) Islands Fishery

 3.1 Definition 

 3.2 Amount of levy 

 3.3 When levy must be paid 

Part 4 Coral Sea Fishery

 4.1 Definitions 

 4.2 Amount of levy 

 4.3 When levy must be paid 

Part 5 East Coast Deepwater Zone Fishery

 5.1 Definition 

 5.2 Amount of levy 

 5.3 When levy must be paid 

Part 6 Eastern Tuna and Billfish Fishery

 6.1 Definitions 

 6.2 Amount of levy 

 6.3 When levy must be paid 

Part 7 Gillnet, Hook and Trap Fishery

 7.1 Definitions 

 7.2 Amount of levy 

 7.3 When levy must be paid 

Part 8 Great Australian Bight Trawl Fishery

 8.1 Definitions 

 8.2 Amount of levy 

 8.3 When levy must be paid 

Part 9 Heard Island and McDonald Islands Fishery

 9.1 Definition 

 9.2 Amount of levy 

 9.3 When levy must be paid 

Part 10 Macquarie Island Fishery

 10.1 Definition 

 10.2 Amount of levy 

 10.3 When levy must be paid 

Part 11 Norfolk Island Offshore Demersal Finfish Fishery

 11.1 Definition 

 11.2 Amount of levy 

 11.3 When levy must be paid 

Part 12 Northern Prawn Fishery

 12.1 Definition 

 12.2 Amount of levy 

 12.3 When levy must be paid 

Part 12A North West Slope Fishery

 12A.1 Definition 

 12A.2 Amount of levy 

 12A.3 When levy must be paid 

Part 13 South East Trawl Fishery

 13.1 Definitions 

 13.2 Amount of levy 

 13.3 When levy must be paid 

Part 14 Southern Bluefin Tuna Fishery

 14.1 Definition 

 14.2 Amount of levy 

 14.3 When levy must be paid 

Part 15 Southern Squid Fishery

 15.1 Definition 

 15.2 Amount of levy 

 15.3 When levy must be paid 

Part 16 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery

 16.1 Definitions 

 16.2 Amount of levy 

 16.3 When levy must be paid 

Part 17 South Tasman Rise Fishery

 17.1 Definition 

 17.2 Amount of levy 

 17.3 When levy must be paid 

Part 18 Victorian Inshore Trawl Fishery

 18.1 Definition 

 18.2 Amount of levy 

 18.3 When levy must be paid 

Part 18A Western Deep Water Trawl Fishery

 18A.1 Definition 

 18A.2 Amount of levy 

 18A.3 When levy must be paid 

Part 19 Informally Managed Fisheries

 19.1 Definition 

 19.2 Amount of levy 

 19.3 When levy must be paid 

Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy 

Schedule 2 Gillnet, Hook and Trap Fishery — amounts of levy 

Part 1 Definition 

 1.1 Definition for Schedule 2 

Part 2 Quota species 

Part 3 Amounts of levy — quota species 

Schedule 3 South East Trawl Fishery — amounts of levy 

Part 1 Definition 

 1.1 Definition for Schedule 3 

Part 2 Non-sector species 

Part 3 Amounts of levy — non-sector species 

Part 4 Amounts of levy — sector species 

Notes  

Part 1 Preliminary

1.1 Name of Regulations [see Note 1]

  These Regulations are the Fishing Levy Regulations 2002.

1.2 Commencement [see Note 1]

  These Regulations commence on gazettal.

1.3 Fishing Levy Regulations 2001 — repeal

  The following Statutory Rules are repealed:

  2001 No. 333

  2002 Nos. 26, 104 and 238.

1.4 Definitions

 (1) In these Regulations:

AFMA means the Australian Fisheries Management Authority.

holder, of a fishing concession, means the person to whom the concession was granted or, if the person has transferred the concession to someone else, the other person.

informally managed fishery means a commercial fishing activity that is managed under the Management Act by AFMA but that is not:

 (a) a fishing activity to which a management plan applies; or

 (b) a fishing activity referred to in regulation 4B of the Management Regulations.

invoice date, for levy, or an instalment of levy, payable for a fishing concession, means the date of issue mentioned on the invoice issued by AFMA for the levy or instalment.

Levy Act means the Fishing Levy Act 1991.

Management Act means the Fisheries Management Act 1991.

Management Regulations means the Fisheries Management Regulations 1992.

 (2) Unless the contrary intention appears, a word or expression that is used in these Regulations and in the Management Regulations has the same meaning in these Regulations as it has in those Regulations.

1.5 References to fisheries

  A reference in these Regulations to a named fishery that is described by that name in regulation 4B of the Management Regulations, or in a plan of management made under section 17 of the Management Act, is a reference to the fishery as described in those Regulations or that plan.

Note 1   The following fisheries are described in regulation 4B of the Management Regulations:

(a) the Bass Strait Scallop Fishery;

(b) the Christmas Island and Cocos (Keeling) Islands Fishery;

(c) the Coral Sea Fishery;

(d) the East Coast Deepwater Zone Fishery;

(e) the Eastern Tuna and Billfish Fishery;

(f) the Gillnet, Hook and Trap Fishery;

(g) the Macquarie Island Fishery;

(h) the Norfolk Island Offshore Demersal Finfish Fishery;

(ha) the North West Slope Fishery;

(i) the South East Trawl Fishery;

(j) the Southern Squid Fishery;

(k) the Southern Tuna and Billfish Fishery;

(l) the South Tasman Rise Fishery;

(m) the Victorian Inshore Trawl Fishery;

(ma) the Western Deep Water Trawl Fishery;

(n) the Western Tuna and Billfish Fishery.

Note 2   The following fisheries are described in plans of management under section 17 of the Management Act:

(a) the Great Australian Bight Trawl Fishery — see the Great Australian Bight Trawl Fishery Management Plan (notified in Gazette No. S205 of 2 July 1993);

(b) the Heard Island and McDonald Islands Fishery — see the Heard Island and McDonald Islands Fishery Management Plan 2002 (notified in Gazette No. GN 21 of 29 May 2002);

(c) the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995 (notified in Gazette No. S49 of 10 February 1995);

(d) the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995).

Part 2 Bass Strait Scallop Fishery

2.1 Definition

  In this Part:

BSSF fishing permit means a fishing permit for the Bass Strait Scallop Fishery.

2.2 Amount of levy

  For section 6 of the Levy Act, for a BSSF fishing permit in force on or after 1 May 2003 and on or before 31 January 2004, the amount of levy is determined for each BSSF fishing permit that is in force during the period as follows:

 (a) if levy was paid in respect of the permit for the period 1 May 2002 to 31 March 2003 — $1 607, including a research component of $60;

 (b) in any other case — $3 214, including a research component of $120.

2.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 2.2 must be paid on or before the later of:

 (a) 29 May 2003; and

 (b) 28 days after the invoice date for the levy.

Part 3 Christmas Island and Cocos (Keeling) Islands Fishery

3.1 Definition

  In this Part:

CICKIF fishing permit means a fishing permit for the Christmas Island and Cocos (Keeling) Islands Fishery.

3.2 Amount of levy

  For section 6 of the Levy Act, for a CICKIF fishing permit to fish using a trawl method in sub‑area 2 or 4 of the fishery, in force on or after the commencement of these Regulations and on or before 30 June 2003, the amount of levy is $12 811, including a research component of $60.

3.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 3.2 must be paid on or before the later of:

 (a) 30 April 2003; and

 (b) 28 days after the invoice date for the levy.

Part 4 Coral Sea Fishery

4.1 Definitions

  In this Part:

aquarium fish means fish taken for the sole purpose of supplying stock for aquarium exhibition and limited to those fish able to be captured using the methods approved under the fishing permit for taking such fish.

CSF fishing permit means a fishing permit for the Coral Sea Fishery.

4.2 Amount of levy

  For section 6 of the Levy Act, for a CSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2003, the amount of levy is the sum of:

 (a) $1 450, including a research component of $65; and

 (b) for each sector of the fishery to which the permit relates — an amount for that sector as follows:

 (i) $345 — for the aquarium sector;

 (ii) $920 — for the lobster or trochus sector;

 (iii) $3 963 — for the line sector;

 (iv) $6 040 — for the trawl sector;

 (v) $6 797 — for the sea cucumber sector.

4.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 4.2 must be paid on or before the later of:

 (a) 28 March 2003; and

 (b) 28 days after the invoice date for the levy.

Part 5 East Coast Deepwater Zone Fishery

5.1 Definition

  In this Part:

ECDZF fishing permit means a fishing permit for the East Coast Deepwater Zone Fishery.

5.2 Amount of levy

  For section 6 of the Levy Act, for an ECDZF fishing permit that is in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is $4 057, including a research component of $70.

5.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 5.2 must be paid on or before the later of:

 (a) 29 January 2003; and

 (b) 28 days after the invoice date for the levy.

Part 6 Eastern Tuna and Billfish Fishery

6.1 Definitions

  In this Part:

ETBF fishing permit means a fishing permit for the Eastern Tuna and Billfish Fishery.

sector of the Fishery means a sector described in subregulation 4C (1) of the Management Regulations.

6.2 Amount of levy

  For section 6 of the Levy Act, for an ETBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2003, the amount of levy is:

 (a) if the permit authorises fishing in a single sector of the Fishery — the amount stated in Schedule 1 for the sector; or

 (b) if the permit authorises fishing in 2 or more sectors of the Fishery — the greater or greatest of the amounts of levy stated in Schedule 1 for the sectors.

6.3 When levy must be paid

 (1) For section 110 of the Management Act, for an ETBF fishing permit in force on 21 January 2003, the levy mentioned in regulation 6.2 must be paid as 1 amount, or in 2 equal instalments, as follows:

 (a) the whole amount, or the first instalment, must be paid on or before the later of:

 (i) 21 January 2003; and

 (ii) 28 days after the invoice date for the instalment;

 (b) the second instalment (if any) must be paid on or before the later of:

 (i) 10 April 2003; and

 (ii) 28 days after the invoice date for the instalment.

 (2) For section 110 of the Management Act, for an ETBF fishing permit in force on 10 April 2003, but not in force on 21 January 2003, the levy mentioned in regulation 6.2 must be paid on or before the later of:

 (a) 10 April 2003; and

 (b) 28 days after the invoice date for the levy.

Part 7 Gillnet, Hook and Trap Fishery

7.1 Definitions

  In this Part:

GHTF fishing permit means a fishing permit for the Gillnet, Hook and Trap Fishery.

permit package means 2 or more GHTF fishing permits:

 (a) issued to the same person in relation to the same boat; and

 (b) having the same numeric identifier.

quota species means a species of fish mentioned in Part 2 of Schedule 2.

7.2 Amount of levy

 (1) For section 6 of the Levy Act, for a GHTF fishing permit of type Class A, that allows the holder to fish for any species, and that is in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is:

 (a) $1 466.36, including a research component of $166.36; and

 (b) if the permit authorises fishing for a quota species — an amount determined by multiplying the number of kilograms of the species mentioned in the permit by the amount mentioned in column 3 of Part 3 of Schedule 2 for that species.

 (2) However, for a permit package, only one of the GHTF fishing permits of type Class A included in the permit package is liable to the part of the levy imposed under paragraph (1) (a).

 (3) For section 6 of the Levy Act, for a GHTF fishing permit of type Class B that is in force on or after 1 January 2003 and on or before 31 December 2003, the amount of the levy is the amount determined by multiplying the number of kilograms of the species mentioned in the permit by the amount mentioned in column 3 of Part 3 of Schedule 2 for that species.

Note   A GHTF fishing permit Class B allows fishing only for quota species.

7.3 When levy must be paid

 (1) For section 110 of the Management Act, for a GHTF fishing permit in force on or before 12 April 2003, the levy mentioned in regulation 7.2 must be paid as 1 amount, or in 2 equal instalments, as follows:

 (a) the total amount, or an instalment of one-half of the total amount of the levy, must be paid on or before the later of:

 (i) 29 January 2003; and

 (ii) 28 days after the invoice date for the instalment;

 (b) the second instalment (if any) must be paid on or before the later of:

 (i) 15 May 2003; and

 (ii) 28 days after the invoice date for the instalment.

 (2) For section 110 of the Management Act, the levy mentioned in regulation 7.2 for an GHTF fishing permit in force on or after 13 April 2003, but not in force on 12 April 2003, must be paid on or before the later of:

 (a) 15 May 2003; and

 (b) 28 days after the invoice date for the levy.

Part 8 Great Australian Bight Trawl Fishery

8.1 Definitions

  In this Part:

GABTF fishing permit means a fishing permit for the Great Australian Bight Trawl Fishery that authorises the holder to take gummy shark (Mustelus antarticus), school shark (Galeorhinus galeus) or sawshark (Pristiophorus cirratus and Prisiophorus nudipinnis).

GABTF fishing right means a statutory fishing right for the Great Australian Bight Trawl Fishery.

8.2 Amount of levy

 (1) For section 6 of the Levy Act, for a GABTF fishing permit in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is the total of:

 (a) 15.65 cents for each kilogram of school shark mentioned in the permit; and

 (b) 10.92 cents for each kilogram of gummy shark mentioned in the permit; and

 (c) 14.937 cents for each kilogram of sawshark mentioned in the permit.

 (2) For section 6 of the Levy Act, for a GABTF fishing right in force on 1 January 2003, the amount of levy is $27 245.70.

Note   The research component to be collected from this fishery will be:

(a) for each fishing permit — 0.884 cents for each kilogram of school shark, 0.844 cents for each kilogram of sawshark and 0.617 cents for each kilogram of gummy shark; and

(b) for each fishing right — $1 539.61.

8.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 8.2 must be paid on or before the later of:

 (a) 8 March 2003; and

 (b) 28 days after the invoice date for the levy.

Part 9 Heard Island and McDonald Islands Fishery

9.1 Definition

  In this Part:

HIMI statutory fishing right means a statutory fishing right under the Heard Island and McDonald Islands Fishery Management Plan 2002, as in force from time to time.

9.2 Amount of levy

  For section 6 of the Levy Act, for a HIMI statutory fishing right in force on 5 March 2003, the amount of levy is:

 (a) $5.46 for each statutory fishing right for the taking of Patagonian toothfish (Dissostichus eleginoides) which includes a research component of 79 cents; and

 (b) $5.46 for each statutory fishing right for the taking of mackerel icefish (Champsocephalus gunnari) which includes a research component of 79 cents.

9.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 9.2 must be paid on or before the later of:

 (a) 11 April 2003; and

 (b) 28 days after the invoice date for the levy.

Part 10 Macquarie Island Fishery

10.1 Definition

  In this Part:

MIF fishing permit means a fishing permit for the Macquarie Island Fishery.

10.2 Amount of levy

  For section 6 of the Levy Act, for a MIF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2003, the amount of levy is $72 441, including a research component of $215.

10.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 10.2 must be paid on or before the later of:

 (a) 28 days after the commencement of these Regulations; and

 (b) 28 days after the invoice date for the levy.

Part 11 Norfolk Island Offshore Demersal Finfish Fishery

11.1 Definition

  In this Part:

NIODFF fishing permit means a fishing permit for the Norfolk Island Offshore Demersal Finfish Fishery.

11.2 Amount of levy

  For section 6 of the Levy Act, for a NIODFF fishing permit in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is $11 012, including a research component of $91.

11.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 11.2 must be paid on or before the later of:

 (a) 28 March 2003; and

 (b) 28 days after the invoice date for the levy.

Part 12 Northern Prawn Fishery

12.1 Definition

  In this Part:

NPF fishing right means a gear statutory fishing right within the meaning of the Northern Prawn Fishery Management Plan 1995, as in force from time to time.

12.2 Amount of levy

 (1) For section 6 of the Levy Act, for an NPF fishing right in force on the day mentioned in subregulation (2), the amount of levy is $35.80, including a research component of $8.15.

 (2) For subregulation (1), the day is:

 (a) if these Regulations commence on or before 12 December 2002 — 12 December 2002; or

 (b) otherwise — the day these Regulations commence.

12.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 12.2 must be paid on or before the later of:

 (a) 9 January 2003; and

 (b) 28 days after the invoice date for the levy.

Part 12A North West Slope Fishery

12A.1 Definition

  In this Part:

NWSF fishing permit means a fishing permit for the North West Slope Fishery.

12A.2 Amount of levy

  For section 6 of the Levy Act, for a NWSF fishing permit that is in force on or after the commencement of this Part and on or before 30 June 2003, the amount of levy is $3 000, including a research component of $385.

12A.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 12A.2 must be paid on or before 28 days after the invoice date for the levy.

Part 13 South East Trawl Fishery

13.1 Definitions

  In this Part:

gemfish means fish of the species Rexea solandri.

non-sector species means a species of fish mentioned in Part 2 of Schedule 3.

Orange roughy means fish of the species Hoplostethus atlanticus.

sector species means any of the following species:

 (a) gemfish;

 (b) orange roughy.

SETF fishing permit means a fishing permit for the South East Trawl Fishery.

13.2 Amount of levy

  For section 6 of the Levy Act, for a SETF fishing permit in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is:

 (a) for each non-sector species to which the permit relates — the total of the amounts calculated by multiplying the number of kilograms of the species mentioned in the permit when the permit is granted by the amount mentioned in column 3 of Part 3 of Schedule 3 for the species; and

 (b) for each sector species to which the permit relates — the total of the amounts calculated by multiplying the number of kilograms of the species mentioned in the permit for a sector when the permit is granted by the amount mentioned in column 3 of Part 4 of Schedule 3 for the species and sector.

13.3 When levy must be paid

 (1) For section 110 of the Management Act, for a SETF fishing permit in force on or before 12 April 2003, the levy mentioned in regulation 13.2 must be paid as 1 amount, or in 2 instalments, as follows:

 (a) the total amount, or an instalment of one-third of the total amount of the levy, must be paid on or before the later of:

 (i) 29 January 2003; and

 (ii) 28 days after the invoice date for the instalment;

 (b) the remainder (if any) must be paid on or before the later of:

 (i) 15 May 2003; and

 (ii) 28 days after the invoice date for the instalment.

 (2) For section 110 of the Management Act, for a SETF fishing permit in force on or after 13 April 2003, but not in force on 12 April 2003, the levy mentioned in regulation 13.2 must be paid on or before the later of:

 (a) 15 May 2003; and

 (b) 28 days after the invoice date for the levy.

Part 14 Southern Bluefin Tuna Fishery

14.1 Definition

  In this Part:

SBTF fishing right means a statutory fishing right described in clause 8 of the Southern Bluefin Tuna Fishery Management Plan 1995, as in force from time to time.

14.2 Amount of levy

  For section 6 of the Levy Act, for a SBTF fishing right in force on 15 January 2003, the amount of levy is 26.21 cents, including a research component of 3 cents.

14.3 When levy must be paid

  For section 110 of the Management Act, for a SBTF fishing right in force on the day mentioned in regulation 14.2, the levy mentioned in that regulation must be paid on or before the later of:

 (a) 12 February 2003; and

 (b) 28 days after the invoice date for the instalment.

Part 15 Southern Squid Fishery

15.1 Definition

  In this Part:

SSF fishing permit means a fishing permit for the Southern Squid Fishery.

15.2 Amount of levy

  For section 6 of the Levy Act, for a SSF fishing permit that is in force on or after the commencement of these Regulations and on or before 31 August 2003, the amount of levy is $2 455, including a research component of $60.

15.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 15.2 must be paid on or before the later of:

 (a) 21 February 2003; and

 (b) 28 days after the invoice date for the levy.

Part 16 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery

16.1 Definitions

  In this Part:

STBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery.

SWTBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery.

WTBF fishing permit means a fishing permit for the Western Tuna and Billfish Fishery.

16.2 Amount of levy

  For section 6 of the Levy Act, for an STBF fishing permit, an SWTBF fishing permit or a WTBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2003, the levy is:

 (a) if the permit authorises the use of a purse-seine fishing method — $10 516, including a research component of $653; or

 (b) if the permit authorises the use of a pelagic longline fishing method — $8 396, including a research component of $653; or

 (c) if the permit authorises the use of any other line fishing method — $5 006, including a research component of $653; or

 (d) if the permit authorises the use of more than 1 fishing method in a fishery — the greater or greatest of the amounts applicable to the permit under paragraphs (a), (b) and (c).

16.3 When levy must be paid

 (1) Subject to subregulation (2), for section 110 of the Management Act, the levy mentioned in regulation 16.2 must be paid as 1 amount, or in 2 equal instalments, as follows:

 (a) the whole amount, or the first instalment, must be paid on or before the later of:

 (i) 17 January 2003; and

 (ii) 28 days after the invoice date for the instalment;

 (b) the second instalment (if any) must be paid on or before the later of:

 (i) 5 May 2003; and

 (ii) 28 days after the invoice date for the instalment.

 (2) For section 110 of the Management Act, in relation to a fishing permit to which this Part relates, in force on or after 13 April 2003 but not in force on 12 April 2003, the levy mentioned in regulation 16.2 must be paid on or before the later of:

 (a) 5 May 2003; and

 (b) 28 days after the invoice date for the levy.

Part 17 South Tasman Rise Fishery

17.1 Definition

  In this Part:

STRF fishing permit means a fishing permit for the South Tasman Rise Fishery.

17.2 Amount of levy

  For section 6 of the Levy Act, for a STRF fishing permit that is in force on or after 1 March 2003 and on or before 28 February 2004, the levy is $5 134, including a research component of $243.

17.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 17.2 must be paid on or before the later of:

 (a) 31 March 2003; and

 (b) 28 days after the invoice date for the levy.

Part 18 Victorian Inshore Trawl Fishery

18.1 Definition

  In this Part:

VITF fishing permit means a fishing permit for the Victorian Inshore Trawl Fishery.

18.2 Amount of levy

  For section 6 of the Levy Act, for a VITF fishing permit that is in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is $680, including a research component of $29.

18.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 18.2 must be paid on or before the later of:

 (a) 29 January 2003; and

 (b) 28 days after the invoice date for the levy.

Part 18A Western Deep Water Trawl Fishery

18A.1 Definition

  In this Part:

WDTF fishing permit means a fishing permit for the Western Deep Water Trawl Fishery.

18A.2 Amount of levy

  For section 6 of the Levy Act, for a WDTF fishing permit that is in force on or after the commencement of this Part and on or before 30 June 2003, the amount of levy is $3 000, including a research component of $223.

18A.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 18A.2 must be paid on or before 28 days after the invoice date for the levy.

Part 19 Informally Managed Fisheries

19.1 Definition

  In this Part:

IMF permit means a fishing permit for an informally managed fishery.

19.2 Amount of levy

 (1) For section 6 of the Levy Act, for an IMF permit that is in force on or after 1 January 2003 and on or before 31 December 2003, the amount of levy is $1 000, including a research component of $60.

 (2) However, if 2 or more IMF permits authorise the use of the same boat in different informally managed fisheries, then only 1 of the permits is liable to levy under subregulation (1).

 (3) An IMF permit issued only to authorise testing of fishing equipment is not liable to levy under subregulation (1).

19.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 19.2 must be paid on or before the later of:

 (a) 17 April 2003; and

 (b) 28 days after the invoice date for the levy.

Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy

(regulation 6.2)

Note   The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991.  It is intended that the part of the total research component to be collected from this fishery will be as follows:

Schedule 2 Gillnet, Hook and Trap Fishery — amounts of levy

(regulation 7.2)

Part 1 Definition

1.1 Definition for Schedule 2

  In this Schedule:

elephant fish family means species in any of the following families:

 (a) Callorhyncidae;

 (b) Chimaeridae (ghost sharks);

 (c) Rhinochimaeridae (spook fish).

Part 2 Quota species

Part 3 Amounts of levy — quota species

Schedule 3 South East Trawl Fishery — amounts of levy

(regulations 15.1 and 15.2)

Part 1 Definition

1.1 Definition for Schedule 3

  In this Schedule:

elephant fish family has the same meaning as in Schedule 2

Part 2 Non-sector species

Part 3 Amounts of levy — non-sector species

Note   The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991.  It is intended that the part of the total research component to be collected from this fishery will be as follows:

Part 4 Amounts of levy — sector species

Note   The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991.  It is intended that the part of the total research component to be collected from this fishery will be as follows:

Notes to the Fishing Levy Regulations 2002

Note 1

The Fishing Levy Regulations 2002 (in force under the Fisheries Management Act 1991 and the Fishing Levy Act 1991) as shown in this compilation comprise Statutory Rules 2002 No. 305 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments