Fishing Levy Regulations 2003

Fishing Levy Regulations 2003

Statutory Rules 2003 No. 287 as amended

made under the

Fisheries Management Act 1991 and Fishing Levy Act 1991

This compilation was prepared on 30 April 2004
taking into account amendments up to SR 2004 No. 71

[Note: These Regulations were repealed by SR 2004 No. 318 on 25 November 2004]

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 2002 — 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 Coral Sea Fishery

 3.1 Definitions 

 3.2 Amount of levy 

 3.3 When levy must be paid 

Part 4 East Coast Deepwater Zone Fishery

 4.1 Definition 

 4.2 Amount of levy 

 4.3 When levy must be paid 

Part 4A Eastern Skipjack Fishery

 4A.1 Definition 

 4A.2 Amount of levy 

 4A.3 When levy must be paid 

Part 5 Eastern Tuna and Billfish Fishery

 5.1 Definitions 

 5.2 Amount of levy 

 5.3 When levy must be paid 

Part 6 Gillnet, Hook and Trap Fishery

 6.1 Definitions 

 6.2 Amount of levy 

 6.3 When levy must be paid 

Part 7 Great Australian Bight Trawl Fishery

 7.1 Definitions 

 7.2 Amount of levy 

 7.3 When levy must be paid 

Part 8 Heard Island and McDonald Islands Fishery

 8.1 Definition 

 8.2 Amount of levy 

 8.3 When levy must be paid 

Part 9 Macquarie Island Fishery

 9.1 Definition 

 9.2 Amount of levy 

 9.3 When levy must be paid 

Part 10 Norfolk Island Offshore Demersal Finfish Fishery

 10.1 Definition 

 10.2 Amount of levy 

 10.3 When levy must be paid 

Part 11 Northern Prawn Fishery

 11.1 Definition 

 11.2 Amount of levy 

 11.3 When levy must be paid 

Part 12 North West Slope Fishery

 12.1 Definition 

 12.2 Amount of levy 

 12.3 When levy must be paid 

Part 13 Small Pelagic Fishery

 13.1 Definition 

 13.2 Amount of levy 

 13.3 When levy must be paid 

Part 14 South East Trawl Fishery

 14.1 Definitions 

 14.2 Amount of levy 

 14.3 When levy must be paid 

Part 15 Southern Bluefin Tuna Fishery

 15.1 Definition 

 15.2 Amount of levy 

 15.3 When levy must be paid 

Part 16 Southern Squid Fishery

 16.1 Definition 

 16.2 Amount of levy 

 16.3 When levy must be paid 

Part 17 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery

 17.1 Definitions 

 17.2 Amount of levy 

 17.3 When levy must be paid 

Part 18 South Tasman Rise Fishery

 18.1 Definition 

 18.2 Amount of levy 

 18.3 When levy must be paid 

Part 19 Victorian Inshore Trawl Fishery

 19.1 Definition 

 19.2 Amount of levy 

 19.3 When levy must be paid 

Part 20 Western Deep Water Trawl Fishery

 20.1 Definition 

 20.2 Amount of levy 

 20.3 When levy must be paid 

Part 20A Western Skipjack Fishery

 20A.1 Definition 

 20A.2 Amount of levy 

 20A.3 When levy must be paid 

Part 21 Informally managed fisheries

 21.1 Definition 

 21.2 Amount of levy 

 21.3 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 — gemfish and orange roughy 

 4.1 Gemfish 

 4.2 Orange roughy 

Notes  

Part 1 Preliminary

1.1 Name of Regulations [see Note 1]

  These Regulations are the Fishing Levy Regulations 2003.

1.2 Commencement [see Note 1]

  These Regulations commence on gazettal.

1.3 Fishing Levy Regulations 2002 — repeal

  The following Statutory Rules are repealed:

  2002 No. 305

  2003 No. 134.

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 Coral Sea Fishery;

(c) the East Coast Deepwater Zone Fishery;

(ca) the Eastern Skipjack Fishery;

(d) the Eastern Tuna and Billfish Fishery;

(e) the Gillnet, Hook and Trap Fishery;

(f) the Macquarie Island Fishery;

(g) the Norfolk Island Offshore Demersal Finfish Fishery;

(h) the North West Slope Fishery;

(i) the Small Pelagic Fishery;

(j) the South East Trawl Fishery;

(k) the Southern Squid Fishery;

(l) the Southern Tuna and Billfish Fishery;

(m) the South Tasman Rise Fishery;

(n) the Victorian Inshore Trawl Fishery;

(o) the Western Deep Water Trawl Fishery;

(oa) the Western Skipjack Fishery;

(p) the Western Tuna and Billfish Fishery.

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

(aa) the Bass Strait Central Zone Scallop Fishery —  see the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S422 of 7 November 2002);

(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 February 2004 and on or before 30 April 2004, the amount of levy is as follows:

 (a) if levy was paid in respect of the permit for the period 1 May 2003 to 31 January 2004 — $1 834, including a research component of $60;

 (b) if levy was paid in respect of the permit for the period 1 May 2002 to 31 March 2003 but not for the period mentioned in paragraph (a) — $3 441, including a research component of $120;

 (c) in any other case — $5 048, including a research component of $180.

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) 1 March 2004; and

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

Part 3 Coral Sea Fishery

3.1 Definitions

  In this Part:

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

3.2 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 2004, the amount of levy is the sum of:

 (a) $1 718, which includes a research component of $104; and

 (b) an amount as follows:

 (i) for a permit to take fish for aquarium collection, $432;

 (ii) for a permit to take lobster or trochus, $1 049;

 (iii) for a permit that allows fishing by the line method, $5 192;

 (iv) for a permit that allows fishing by the trawl method, $9 137;

 (v) for a permit to take sea cucumber, $8 172.

Note   A CSF fishing permit contains conditions in relation to the method of fishing allowed when undertaking fishing for particular species in the Fishery.

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) 28 March 2004; and

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

Part 4 East Coast Deepwater Zone Fishery

4.1 Definition

  In this Part:

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

4.2 Amount of levy

  For section 6 of the Levy Act, for an ECDZF fishing permit that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is $2 266.94, including a research component of $57.94.

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) 29 January 2004; and

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

Part 4A Eastern Skipjack Fishery

4A.1 Definition

  In this Part:

ESF fishing permit means a fishing permit for the Eastern Skipjack Fishery.

4A.2 Amount of levy

  For section 6 of the Levy Act, for an ESF fishing permit that is in force on or after 1 July 2003 and on or before 30 June 2004, the amount of levy is $3 185.85, including a research component of $191.

4A.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 4A.2 must be paid on or before the later of the following:

 (a) 31 May 2004;

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

Part 5 Eastern Tuna and Billfish Fishery

5.1 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.

5.2 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 2004, 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.

5.3 When levy must be paid

 (1) For section 110 of the Management Act, for an ETBF fishing permit in force on 21 January 2004, the levy mentioned in regulation 5.2 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) 29 January 2004; 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 2004; 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 2004, but not in force on 29 January 2004, the levy mentioned in regulation 5.2 must be paid on or before the later of:

 (a) 10 April 2004; and

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

Part 6 Gillnet, Hook and Trap Fishery

6.1 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.

6.2 Amount of levy

 (1) For section 6 of the Levy Act, for a GHTF fishing permit Class A, that allows the holder to fish for any species, and that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is:

 (a) $1 513.59, including a research component of $185.40; and

 (b) if the permit authorises fishing for a quota species — an amount determined by multiplying together:

 (i) the number of quota units for the species mentioned in the permit; and

 (ii) 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 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 Class B that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of the levy is the amount obtained by multiplying together:

 (a) the number of quota units for the species mentioned in the permit; and

 (b) the amount mentioned in column 3 of Part 3 of Schedule 2 for that species.

Note 1   A GHTF fishing permit Class B contains conditions that allow fishing only for quota species.

Note 2   A GHTF fishing permit may contain a condition limiting the taking of gemfish to an eastern or western sector defined geographically.

6.3 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 2004, the levy mentioned in regulation 6.2 must be paid as 1 amount, or in 2 equal instalments, as follows:

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

 (i) 29 January 2004; 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 2004; and

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

 (2) For section 110 of the Management Act, the levy mentioned in regulation 6.2 for an GHTF fishing permit in force on or after 13 April 2004, but not in force on 12 April 2004, must be paid on or before the later of:

 (a) 15 May 2004; and

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

Part 7 Great Australian Bight Trawl Fishery

7.1 Definitions

  In this Part:

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

 (a) Callorhyncidae;

 (b) Chimaeridae (ghost sharks);

 (c) Rhinochimaeridae (spook fish).

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), sawshark (Pristiophorus cirratus and Prisiophorus nudipinnis) or elephant fish.

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

7.2 Amount of levy

 (1) For section 6 of the Levy Act, for a GABTF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of:

 (a) 18.45 cents for each quota unit of school shark mentioned in the permit; and

 (b) 20.99 cents for each quota unit of gummy shark mentioned in the permit; and

 (c) 18.52 cents for each quota unit of sawshark mentioned in the permit; and

 (d) 4.45 cents for each quota unit of elephant fish mentioned in the permit.

 (2) For section 6 of the Levy Act, for a GABTF fishing right in force on 1 January 2004 the amount of levy is $26 217.35.

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

(a) for each fishing permit — 1.17 cents for each quota unit of school shark, 1.12 cents for each quota unit of sawshark 1.33 cents for each quota unit of gummy shark and 0.28 of a cent for each quota unit of elephant fish family fish; and

(b) for each fishing right — $1 660.59.

7.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 7.2 must be paid on or before the later of:

 (a) 8 March 2004; and

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

Part 8 Heard Island and McDonald Islands Fishery

8.1 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.

8.2 Amount of levy

  For section 6 of the Levy Act, for a HIMI statutory fishing right in force on the commencement of these Regulations, the amount of levy is:

 (a) $6.96 for each statutory fishing right to take Patagonian toothfish (Dissostichus eleginoides), which includes a research component of 90 cents; and

 (b) $6.96 for each statutory fishing right to take mackerel icefish (Champsocephalus gunnari), which includes a research component of 90 cents.

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) 11 January 2004; and

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

Part 9 Macquarie Island Fishery

9.1 Definition

  In this Part:

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

9.2 Amount of levy

  For section 6 of the Levy Act, for an MIF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2004, the amount of levy is $112 475, including a research component of $383.

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) 28 days after the commencement of these Regulations; and

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

Part 10 Norfolk Island Offshore Demersal Finfish Fishery

10.1 Definition

  In this Part:

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

10.2 Amount of levy

  For section 6 of the Levy Act, for an NIODFF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is $9 798, including a research component of $60.

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 March 2004; and

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

Part 11 Northern Prawn Fishery

11.1 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.

11.2 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 $36.20, including a research component of $7.77.

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

 (a) if these Regulations commence on or before 12 December 2003 — 12 December 2003; or

 (b) otherwise — the day these Regulations commence.

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) 30 January 2004; and

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

Part 12 North West Slope Fishery

12.1 Definition

  In this Part:

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

12.2 Amount of levy

  For section 6 of the Levy Act, for an NWSF fishing permit that is in force on or after the commencement of this Part and on or before 30 June 2004, the amount of levy is $11 813.57, including a research component of $371.43.

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) 29 January 2004; or

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

Part 13 Small Pelagic Fishery

13.1 Definition

  In this Part:

SPF fishing permit means a fishing permit for the Small Pelagic Fishery.

13.2 Amount of levy

 (1) For section 6 of the Levy Act, for an SPF fishing permit in force on or after the commencement of this Part and on or before 30 June 2004, the amount of levy is $3 852.

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 $60 for each fishing permit.

 (2) Subregulation (1) does not apply to an SPF fishing permit (the first permit) that permits its holder to fish in Zone A of the Small Pelagic Fishery area if, when the permit was granted:

 (a) the holder also held an SPF fishing permit (the second permit) that permitted the holder to fish in Zone B, C or D of that area; and

 (b) the first and second permits apply to the same boat.

13.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 13.2 must be paid on or before the later of:

 (a) 29 April 2004; and

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

Part 14 South East Trawl Fishery

14.1 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.

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

14.2 Amount of levy

  For section 6 of the Levy Act, for an SETF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of:

 (a) for each non-sector species to which the permit relates — an amount determined by multiplying together:

 (i) the number of quota units for the species mentioned in the permit; and

 (ii) the amount mentioned in column 3 of Part 3 of Schedule 3 for that species; and

 (b) the total of:

 (i) if the permit authorises taking gemfish:

 (A) in the case of a permit that authorises taking gemfish in only 1 sector — the amount obtained by multiplying together:

 (I) the number of quota units for gemfish mentioned in the permit; and

 (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for gemfish in that sector; or

 (B) in the case of a permit that authorises taking gemfish in both sectors — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (i) (A) for each sector; and

 (ii) if the permit authorises taking orange roughy:

 (A) in the case of a permit that authorises taking orange roughy in only 1 sector — the amount obtained by multiplying together:

 (I) the number of quota units for orange roughy mentioned in the permit; and

 (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for orange roughy in that sector; or

 (B) in the case of a permit that authorises taking orange roughy in more than 1 sector — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (ii) (A) for each sector.

14.3 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 2004, the levy mentioned in regulation 14.2 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 2004; 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 2004; 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 2004, but not in force on 12 April 2004, the levy mentioned in regulation 14.2 must be paid on or before the later of:

 (a) 15 May 2004; and

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

Part 15 Southern Bluefin Tuna Fishery

15.1 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.

15.2 Amount of levy

  For section 6 of the Levy Act, for an SBTF fishing right in force on 15 January 2004, the amount of levy is 27.86 cents, including a research component of 3.325 cents.

15.3 When levy must be paid

  For section 110 of the Management Act, for an SBTF fishing right in force on the day mentioned in regulation 15.2, the levy mentioned in that regulation must be paid on or before the later of:

 (a) 12 February 2004; and

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

Part 16 Southern Squid Fishery

16.1 Definition

  In this Part:

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

16.2 Amount of levy

  For section 6 of the Levy Act, for an SSF fishing permit that is in force on or after the commencement of these Regulations and on or before 31 August 2004, the amount of levy is $2 455, including a research component of $60.

16.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 16.2 must be paid on or before the later of:

 (a) 21 February 2004; and

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

Part 17 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery

17.1 Definitions

  In this Part:

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

17.2 Amount of levy

  For section 6 of the Levy Act, for an SWTBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2004, the levy is:

 (a) if the permit authorises the use of a purse-seine fishing method — $9 031, including a research component of $568; or

 (b) if the permit authorises the use of a pelagic longline fishing method — $8 989, including a research component of $568; or

 (c) if the permit authorises the use of any other line fishing method — $6 355, including a research component of $568; 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).

17.3 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 2004; 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 2004; 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 2004 but not in force on 12 April 2004, the levy mentioned in regulation 17.2 must be paid on or before the later of:

 (a) 5 May 2004; and

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

Part 18 South Tasman Rise Fishery

18.1 Definition

  In this Part:

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

18.2 Amount of levy

  For section 6 of the Levy Act, for an STRF fishing permit that is in force on or after 1 March 2004 and on or before 28 February 2005, the levy is $2 236.50, including a research component of $220.21.

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) 31 March 2004; and

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

Part 19 Victorian Inshore Trawl Fishery

19.1 Definition

  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.

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

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

19.2 Amount of levy

 (1) For section 6 of the Levy Act, for a VITF fishing permit Class A, that allows the holder to fish for any species, and that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of $377.49, including a research component of $23.03; and

 (a) for each non-sector species to which the permit relates — an amount determined by multiplying together:

 (i) the number of quota units for the species mentioned in the permit; and

 (ii) the amount mentioned in column 3 of Part 3 of Schedule 3 for that species; and

 (b) the total of:

 (i) if the permit authorises taking gemfish:

 (A) in the case of a permit that authorises taking gemfish in only 1 sector — the amount obtained by multiplying together:

 (I) the number of quota units for gemfish mentioned in the permit; and

 (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for gemfish in that sector; or

 (B) in the case of a permit that authorises taking gemfish in both sectors — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (i) (A) for each sector; and

 (ii) if the permit authorises taking orange roughy:

 (A) in the case of a permit that authorises taking orange roughy in only 1 sector — the amount obtained by multiplying together:

 (I) the number of quota units for orange roughy mentioned in the permit; and

 (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for orange roughy in that sector; or

 (B) in the case of a permit that authorises taking orange roughy in more than 1 sector — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (ii) (A) for each sector.

 (2) For section 6 of the Levy Act, for a VITF fishing permit Class B that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of:

 (a) if the permit authorises taking gemfish:

 (i) in the case of a permit that authorises taking gemfish in only 1 sector — the amount obtained by multiplying together:

 (A) the number of quota units for gemfish mentioned in the permit; and

 (B) the amount mentioned in column 3 of Part 4 of Schedule 3 for gemfish in that sector; or

 (ii) in the case of a permit that authorises taking gemfish in both sectors — the sum of the amounts obtained by performing the calculation in subparagraph (a) (i) for each sector; and

 (b) if the permit authorises taking orange roughy:

 (i) in the case of a permit that authorises taking orange roughy in only 1 sector — the amount obtained by multiplying together:

 (A) the number of quota units for orange roughy mentioned in the permit; and

 (B) the amount mentioned in column 3 of Part 4 of Schedule 3 for orange roughy in that sector; or

 (ii) in the case of a permit that authorises taking orange roughy in more than 1 sector — the sum of the amounts obtained by performing the calculation in subparagraph (b) (i) for each sector.

Note   A VITF fishing permit Class B contains conditions that allow fishing only for quota species.

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) 29 January 2004; and

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

Part 20 Western Deep Water Trawl Fishery

20.1 Definition

  In this Part:

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

20.2 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 2004, the amount of levy is $7 171.27, including a research component of $388.63.

20.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 20.2 must be paid on or before the later of:

 (a) 29 January 2004; or

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

Part 20A Western Skipjack Fishery

20A.1 Definition

  In this Part:

WSF fishing permit means a fishing permit for the Western Skipjack Fishery.

20A.2 Amount of levy

  For section 6 of the Levy Act, for an ESF fishing permit that is in force on or after 1 July 2003 and on or before 30 June 2004, the amount of levy is $3 185.85, including a research component of $191.

20A.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 20A.2 must be paid on or before the later of the following:

 (a) 31 May 2004;

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

Part 21 Informally managed fisheries

21.1 Definition

  In this Part:

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

21.2 Amount of levy

 (1) For section 6 of the Levy Act, for an IMF permit that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is $1 000.

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

21.3 When levy must be paid

  For section 110 of the Management Act, the levy mentioned in regulation 21.2 must be paid on or before the later of:

 (a) 28 January 2004; and

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

Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy

(regulation 5.2)

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 6.2)

Part 1 Definition

1.1 Definition for Schedule 2

  In this Schedule:

elephant fish means fish of a 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 14.1 and 14.2)

Part 1 Definition

1.1 Definition for Schedule 3

  In this Schedule:

elephant fish 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 — gemfish and orange roughy

4.1 Gemfish

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:

4.2 Orange roughy

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 2003

Note 1

The Fishing Levy Regulations 2003 (in force under the Fisheries Management Act 1991 and Fishing Levy Act 1991) as shown in this compilation comprise Statutory Rules 2003 No. 287 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments