Fishing Levy Regulations 2010 (SLI No. 312 of 2010)

1027440A-101122Z.doc Fishing Levy Regulations 20101 Select Legislative Instrument 2010 No. 312 I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fishing Levy Act 1991 and the Fisheries Management Act 1991. Dated 8 December 2010 QUENTIN BRYCE Governor-General By Her Excellency’s Command MIKE KELLY Parliamentary Secretary for Agriculture, Fisheries and Forestry Contents Page 2 Fishing Levy Regulations 2010 2010, 312 Contents Part 1 Preliminary 1.1 Name of Regulations 6 1.2 Commencement 6 1.3 Repeal 6 1.4 Interpretation 6 1.5 References to fisheries 7 Part 2 Bass Strait Central Zone Scallop Fishery 2.1 Definition — leviable BSCZSF COM SFR 9 2.2 Amount of levy 9 2.3 When levy must be paid 9 Part 3 Coral Sea Fishery 3.1 Definition — leviable CSF fishing permit 10 3.2 Amount of levy 10 3.3 When levy must be paid 10 Part 4 Eastern Tuna and Billfish Fishery 4.1 Definitions 11 4.2 Amount of levy — leviable ETBF boat permit 11 4.3 Amount of levy — leviable ETBF longline SFR 11 4.4 Amount of levy — leviable ETBF minor line SFR 11 4.5 When levy must be paid 12 Part 5 Heard Island and McDonald Islands Fishery 5.1 Definition — leviable HIMI SFR 13 5.2 Amount of levy 13 5.3 When levy must be paid 13 Part 6 Informally managed fisheries 6.1 Definitions 14 6.2 Amount of levy 14 Contents Page 2010, 312 Fishing Levy Regulations 2010 3 6.3 When levy must be paid 14 Part 7 Macquarie Island Toothfish Fishery 7.1 Definition — leviable MITF SFR 15 7.2 Amount of levy 15 7.3 When levy must be paid 15 Part 8 Northern Prawn Fishery 8.1 Definition — leviable NPF gear SFR 16 8.2 Amount of levy 16 8.3 When levy must be paid 16 Part 9 North West Slope Fishery 9.1 Definition — leviable NWSF fishing permit 17 9.2 Amount of levy 17 9.3 When levy must be paid 17 Part 10 Small Pelagic Fishery 10.1 Definition — leviable SPF fishing permit 18 10.2 Amount of levy 18 10.3 When levy must be paid 18 Part 11 Southern and Eastern Scalefish and Shark Fishery Division 1 Preliminary 11.1 Interpretation 19 Division 2 Fishing permits 11.2 Amount of levy — leviable SESSF ECDT fishing permit 19 11.3 Amount of levy — leviable SESSF VCW fishing permit 20 11.4 Amount of levy — leviable SESSF GHT trap fishing permit 20 11.5 Amount of levy — leviable SESSF GHT fishing permit 21 11.6 When levy must be paid — SESSF fishing permits 22 Contents Page 4 Fishing Levy Regulations 2010 2010, 312 Division 3 Statutory fishing rights 11.7 Amount of levy — leviable SESSF GAB trawl boat SFR 23 11.8 Amount of levy — leviable SESSF gillnet boat SFR 23 11.9 Amount of levy — leviable SESSF scalefish hook boat SFR 23 11.10 Amount of levy — leviable SESSF shark hook boat SFR 23 11.11 Amount of levy — leviable SESSF trawl boat SFR 24 11.12 Amount of levy — leviable SESSF quota SFR 24 11.13 When levy must be paid — leviable SESSF SFR 25 Part 12 Southern Bluefin Tuna Fishery 12.1 Definition — leviable SBTF SFR 27 12.2 Amount of levy 27 12.3 When levy must be paid 27 Part 13 Southern Squid Jig Fishery 13.1 Definition — leviable SSJF gear SFR 28 13.2 Amount of levy 28 13.3 When levy must be paid 28 Part 14 Western Deepwater Trawl Fishery 14.1 Definition — leviable WDWTF fishing permit 29 14.2 Amount of levy 29 14.3 When levy must be paid 29 Part 15 Western Tuna and Billfish Fishery 15.1 Definitions 30 15.2 Amount of levy — leviable WTBF Boat SFR 30 15.3 Amount of levy — leviable WTBF Bigeye Tuna quota SFR 30 15.4 Amount of levy — leviable WTBF Broadbill Swordfish quota SFR 31 15.5 Amount of levy — leviable WTBF Striped Marlin quota SFR 31 15.6 Amount of levy — leviable WTBF Yellowfin Tuna quota SFR 31 Contents Page 2010, 312 Fishing Levy Regulations 2010 5 15.7 When levy must be paid — SFRs in force on 1 January 2011 32 Part 1 Preliminary Regulation 1.1 6 Fishing Levy Regulations 2010 2010, 312 Part 1 Preliminary 1.1 Name of Regulations These Regulations are the Fishing Levy Regulations 2010. 1.2 Commencement These Regulations commence on the day after they are registered. 1.3 Repeal The Fishing Levy Regulations 2009 are repealed. 1.4 Interpretation (1) In these Regulations: AFMA means the Australian Fisheries Management Authority. invoice date, for levy or an instalment of levy, means the date specified as the date of issue on the invoice generated 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. SFR means a statutory fishing right. Note Several words and expressions used in these Regulations have the meaning given by the Management Act. For example: • fishing permit • statutory fishing right. (2) Unless the contrary intention appears, an expression that is used in these Regulations and in the Management Regulations has the same meaning in these Regulations as it has in the Management Regulations. Preliminary Part 1 Regulation 1.5 2010, 312 Fishing Levy Regulations 2010 7 (3) Unless the contrary intention appears, an expression that is used in these Regulations in relation to a fishery for which there is a plan of management determined under section 17 of the Management Act, and that is also used in that plan, has the same meaning in these Regulations as it has in the plan. 1.5 References to fisheries A reference in these Regulations to the name of a fishery that is described by that name in regulation 4B of the Management Regulations or in a plan of management determined 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 Coral Sea Fishery; (b) the North West Slope Fishery; (c) the Western Deepwater Trawl Fishery. Note 2 The following fisheries are described in plans of management determined under section 17 of the Management Act: (a) the Bass Strait Central Zone Scallop Fishery — see the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S 422 of 7 November 2002); (b) the Eastern Tuna and Billfish Fishery — see the Eastern Tuna and Billfish Fishery Management Plan 2005 (registered in the Federal Register of Legislative Instruments on 21 October 2005, number F2005L03186); (c) 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); (d) the Macquarie Island Toothfish Fishery — see the Macquarie Island Toothfish Fishery Management Plan 2006 (notified in Gazette No. GN 21 of 31 May 2006); (e) the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995 (notified in Gazette No. S 49 of 10 February 1995); (f) the Small Pelagic Fishery — see the Small Pelagic Fishery Management Plan 2009 (notified in Gazette No. GN2 of 20 January 2010); (g) the Southern and Eastern Scalefish and Shark Fishery — see the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (notified in Gazette No. GN 39 of 1 October 2003); Part 1 Preliminary Regulation 1.5 8 Fishing Levy Regulations 2010 2010, 312 (h) the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S 34 of 3 February 1995); (i) the Southern Squid Jig Fishery — see the Southern Squid Jig Fishery Management Plan 2005 (notified in Gazette No. S 72 of 28 April 2005); (j) the Western Tuna and Billfish Fishery — see the Western Tuna and Billfish Fishery Management Plan 2005 (registered in the Federal Register of Legislative Instruments on 21 October 2005, number F2005L03187). Bass Strait Central Zone Scallop Fishery Part 2 Regulation 2.3 2010, 312 Fishing Levy Regulations 2010 9 Part 2 Bass Strait Central Zone Scallop Fishery 2.1 Definition — leviable BSCZSF COM SFR In this Part: leviable BSCZSF COM SFR means a quota statutory fishing right that is: (a) granted under the Management Act for the Bass Strait Central Zone Scallop Fishery; and (b) in force on 1 January 2011. 2.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF COM SFR is $0.66. 2.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable BSCZSF COM SFR is due and payable on the later of: (a) 29 January 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Part 3 Coral Sea Fishery Regulation 3.1 10 Fishing Levy Regulations 2010 2010, 312 Part 3 Coral Sea Fishery 3.1 Definition — leviable CSF fishing permit In this Part: leviable CSF fishing permit means a fishing permit that is: (a) granted under the Management Act for the Coral Sea Fishery; and (b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2011. 3.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable CSF fishing permit is the sum of: (a) $12 806.11; and (b) an amount for each sector of the Fishery to which the permit relates, as set out in the table. Item For this sector ... the amount is ... 1 Aquarium $1 395.13 2 Lobster and trochus collection $1 395.13 3 Demersal line and trap $3 348.32 4 Demersal trawl and trap $3 348.32 5 Sea cucumber hand collection $1 395.13 3.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable CSF fishing permit is due and payable on the later of: (a) 31 March 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Eastern Tuna and Billfish Fishery Part 4 Regulation 4.4 2010, 312 Fishing Levy Regulations 2010 11 Part 4 Eastern Tuna and Billfish Fishery 4.1 Definitions In this Part: leviable ETBF boat permit means a boat permit that is: (a) granted under the Management Act for the Eastern Tuna and Billfish Fishery; and (b) in force on 1 January 2011. leviable ETBF longline SFR means a longline SFR that is: (a) granted under the Management Act for the Eastern Tuna and Billfish Fishery; and (b) in force on 1 January 2011. leviable ETBF minor line SFR means a minor line SFR that is: (a) granted under the Management Act for the Eastern Tuna and Billfish Fishery; and (b) in force on 1 January 2011. 4.2 Amount of levy — leviable ETBF boat permit For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF boat permit is $2 095.00. 4.3 Amount of levy — leviable ETBF longline SFR For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF longline SFR is $1.33. 4.4 Amount of levy — leviable ETBF minor line SFR For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ETBF minor line SFR is $2 095.00. Part 4 Eastern Tuna and Billfish Fishery Regulation 4.5 12 Fishing Levy Regulations 2010 2010, 312 4.5 When levy must be paid For section 110 of the Management Act, levy payable for a leviable ETBF boat permit, a leviable ETBF longline SFR or a leviable ETBF minor line SFR is due and payable on the later of: (a) 1 May 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Heard Island and McDonald Islands Fishery Part 5 Regulation 5.3 2010, 312 Fishing Levy Regulations 2010 13 Part 5 Heard Island and McDonald Islands Fishery 5.1 Definition — leviable HIMI SFR In this Part: leviable HIMI SFR means a statutory fishing right that is: (a) granted under the Management Act for the Heard Island and McDonald Islands Fishery; and (b) in force on the commencement of these Regulations. 5.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $17.61. 5.3 When levy must be paid (1) This regulation is made for sections 110 and 111 of the Management Act. (2) Levy payable for a leviable HIMI SFR may be paid in 2 equal instalments. (3) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 16 March 2011; and (b) 28 days after the invoice date for the levy. (4) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 16 March 2011; and (ii) 28 days after the invoice date for the levy; and (b) the second instalment is due and payable on the later of: (i) 15 June 2011; and (ii) 28 days after the invoice date for the instalment. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Part 6 Informally managed fisheries Regulation 6.1 14 Fishing Levy Regulations 2010 2010, 312 Part 6 Informally managed fisheries 6.1 Definitions In this Part: informally managed fishery means a commercial fishing activity that is managed under the Management Act but that is not a fishing activity: (a) to which a management plan applies; or (b) mentioned in regulation 4B of the Management Regulations. leviable IMF fishing permit means a fishing permit that is: (a) granted under the Management Act for an informally managed fishery; and (b) in force on 3 March 2011. 6.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable IMF fishing permit is $6 652.56. 6.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable IMF fishing permit is due and payable on the later of: (a) 31 March 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Macquarie Island Toothfish Fishery Part 7 Regulation 7.3 2010, 312 Fishing Levy Regulations 2010 15 Part 7 Macquarie Island Toothfish Fishery 7.1 Definition — leviable MITF SFR In this Part: leviable MITF SFR means a statutory fishing right that is: (a) granted under the Management Act for the Macquarie Island Toothfish Fishery; and (b) in force on the commencement of these Regulations. 7.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $12.60. 7.3 When levy must be paid (1) This regulation is made for sections 110 and 111 of the Management Act. (2) Levy payable for a leviable MITF SFR may be paid in 2 equal instalments. (3) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 1 February 2011; and (b) 28 days after the invoice date for the levy. (4) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 1 February 2011; and (ii) 28 days after the invoice date for the levy; and (b) the second instalment is due and payable on the later of: (i) 1 April 2011; and (ii) 28 days after the invoice date for the instalment. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Part 8 Northern Prawn Fishery Regulation 8.1 16 Fishing Levy Regulations 2010 2010, 312 Part 8 Northern Prawn Fishery 8.1 Definition — leviable NPF gear SFR In this Part: leviable NPF gear SFR means a gear statutory fishing right that is: (a) granted under the Management Act for the Northern Prawn Fishery; and (b) in force on the commencement of these Regulations. 8.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $57.79. 8.3 When levy must be paid (1) This regulation is made for sections 110 and 111 of the Management Act. (2) Levy payable for a leviable NPF gear SFR may be paid in 2 equal instalments. (3) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 29 January 2011; and (b) 28 days after the invoice date for the levy. (4) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 29 January 2011; and (ii) 28 days after the invoice date for the levy; and (b) the second instalment is due and payable on the later of: (i) 20 May 2011; and (ii) 28 days after the invoice date for the instalment. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. North West Slope Fishery Part 9 Regulation 9.3 2010, 312 Fishing Levy Regulations 2010 17 Part 9 North West Slope Fishery 9.1 Definition — leviable NWSF fishing permit In this Part: leviable NWSF fishing permit means a fishing permit that is granted under the Management Act for the North West Slope Fishery. 9.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSF fishing permit is $17 922.00. 9.3 When levy must be paid (1) This regulation is made for sections 110 and 111 of the Management Act. (2) Levy payable for a leviable NWSF fishing permit may be paid in 2 equal instalments. (3) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 29 January 2011; and (b) 28 days after the invoice date for the levy. (4) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 29 January 2011; and (ii) 28 days after the invoice date for the levy; and (b) the second instalment is due and payable on the later of: (i) 20 May 2011; and (ii) 28 days after the invoice date for the instalment. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Part 10 Small Pelagic Fishery Regulation 10.1 18 Fishing Levy Regulations 2010 2010, 312 Part 10 Small Pelagic Fishery 10.1 Definition — leviable SPF fishing permit In this Part: leviable SPF fishing permit means a fishing permit that is: (a) granted under the Management Act for the Small Pelagic Fishery; and (b) in force at any time during the period starting on the commencement of these Regulations and ending on 3 March 2011. 10.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SPF fishing permit is $6652.56. 10.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable SPF fishing permit is due and payable on the later of: (a) 31 March 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Southern and Eastern Scalefish and Shark Fishery Part 11 Fishing permits Division 2 Regulation 11.2 2010, 312 Fishing Levy Regulations 2010 19 Part 11 Southern and Eastern Scalefish and Shark Fishery Division 1 Preliminary 11.1 Interpretation (1) In this Part: Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. Quota Unit Register means the register maintained by AFMA that sets out the units of quota species that each fishing permit holder may take. SESSF means the Southern and Eastern Scalefish and Shark Fishery. (2) In this Part: (a) a reference to a sector or a zone by name is a reference to the sector or zone of that name described in the Plan; and (b) a reference to a statutory fishing right is a reference to a right granted under the Management Act in accordance with the Plan; and (c) a reference to a fishing permit is a reference to a permit granted under the Management Act in accordance with the Plan, unless otherwise stated. Division 2 Fishing permits 11.2 Amount of levy — leviable SESSF ECDT fishing permit (1) In this regulation: leviable SESSF ECDT fishing permit means a fishing permit that: (a) is granted under the Management Act for the Southern and Eastern Scalefish and Shark Fishery; and Part 11 Southern and Eastern Scalefish and Shark Fishery Division 2 Fishing permits Regulation 11.3 20 Fishing Levy Regulations 2010 2010, 312 (b) authorises fishing by trawling methods for the East Coast Deepwater Trawl Sector; and (c) is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF ECDT is $3 496.96. 11.3 Amount of levy — leviable SESSF VCW fishing permit (1) In this regulation: leviable SESSF VCW fishing permit means a fishing permit that: (a) is granted under the Management Act for the Victorian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; and (b) authorises fishing by trawling methods; and (c) is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF VCW fishing permit is $1 687.23. 11.4 Amount of levy — leviable SESSF GHT trap fishing permit (1) In this regulation: leviable SESSF GHT trap fishing permit: (a) means a fishing permit that: (i) is granted under the Management Act; and (ii) authorises fishing with fish traps in the Commonwealth Scalefish Hook Sector of the Southern and Eastern Scalefish and Shark Fishery; and (iii) is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011; but Southern and Eastern Scalefish and Shark Fishery Part 11 Fishing permits Division 2 Regulation 11.5 2010, 312 Fishing Levy Regulations 2010 21 (b) does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat statutory fishing right granted under the Plan. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF GHT trap fishing permit is $7 038.60. 11.5 Amount of levy — leviable SESSF GHT fishing permit (1) In this regulation: leviable SESSF GHT fishing permit: (a) means a fishing permit that: (i) is granted under the Management Act for: (A) the South Australian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; or (B) the Tasmanian Coastal Waters Sector of the Southern and Eastern Scalefish and Shark Fishery; or (C) the Tasmanian Rock Lobster Sector of the Southern and Eastern Scalefish and Shark Fishery; and (ii) authorises the taking of fish of 1 or more SESSF GHT quota species; and (iii) is in force at any time during the period starting on 1 January 2011 and ending on 30 April 2011; but (b) does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat statutory fishing right granted under the Plan. Note SESSF GHT fishing permits are granted under the Plan to replace OCS permits: see sections 39, 40, 41 and 43 of the Plan. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF GHT trap fishing permit is $3 066.54. Part 11 Southern and Eastern Scalefish and Shark Fishery Division 2 Fishing permits Regulation 11.6 22 Fishing Levy Regulations 2010 2010, 312 11.6 When levy must be paid — SESSF fishing permits (1) In this regulation: leviable SESSF fishing permit means: (a) a leviable SESSF ECDT fishing permit within the meaning given by subregulation 11.2 (1); or (b) a leviable SESSF VCW fishing permit within the meaning given by subregulation 11.3 (1); or (c) a leviable SESSF GHT trap fishing permit within the meaning given by subregulation 11.4 (1); or (d) a leviable SESSF GHT fishing permit within the meaning given by subregulation 11.5 (1). (2) This regulation is made for sections 110 and 111 of the Management Act. (3) Levy payable for a leviable SESSF fishing permit may be paid in 2 equal instalments. (4) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 29 January 2011; and (b) 28 days after the invoice date for the levy. (5) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 29 January 2011; and (ii) 28 days after the invoice date for the levy; and (b) the second instalment is due and payable on the later of: (i) 16 April 2011; and (ii) 28 days after the invoice date for the instalment. (6) Levy payable for a leviable SESSF fishing permit that is in force on 16 April 2011 but not on 29 January 2011 is due and payable 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Southern and Eastern Scalefish and Shark Fishery Part 11 Statutory fishing rights Division 3 Regulation 11.10 2010, 312 Fishing Levy Regulations 2010 23 Division 3 Statutory fishing rights 11.7 Amount of levy — leviable SESSF GAB trawl boat SFR (1) In this regulation: leviable SESSF GAB trawl boat SFR means a GAB trawl boat statutory fishing right that is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF GAB trawl boat SFR is $30 068.23. 11.8 Amount of levy — leviable SESSF gillnet boat SFR (1) In this regulation: leviable SESSF gillnet boat SFR means a gillnet boat statutory fishing right that is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF gillnet boat SFR is $2 996.85. 11.9 Amount of levy — leviable SESSF scalefish hook boat SFR (1) In this regulation: leviable SESSF scalefish hook boat SFR means a scalefish hook boat statutory fishing right that is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF scalefish hook boat SFR is $7 038.60. 11.10 Amount of levy — leviable SESSF shark hook boat SFR (1) In this regulation: leviable SESSF shark hook boat SFR means a shark hook boat statutory fishing right that is in force on 1 January 2011. Part 11 Southern and Eastern Scalefish and Shark Fishery Division 3 Statutory fishing rights Regulation 11.11 24 Fishing Levy Regulations 2010 2010, 312 (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF shark hook boat SFR is $2 996.85. 11.11 Amount of levy — leviable SESSF trawl boat SFR (1) In this regulation: leviable SESSF trawl boat SFR means a trawl boat statutory fishing right that is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF trawl boat SFR is $8 673.89. 11.12 Amount of levy — leviable SESSF quota SFR (1) In this regulation: leviable SESSF quota SFR means a quota statutory fishing right that: (a) authorises the holder to take a particular species, or a particular species in a particular sector or zone, as specified in Table 11.12; and (b) is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF quota SFR that authorises the taking of a particular species, or a particular species in a particular sector or zone, is the amount specified in Table 11.12 for that species, or that species in a sector or zone. Table 11.12 Amounts of levy per quota SFR for quota species Item Quota species Sector or zone Amount of levy ($) 1 Bight redfish 0.0063 2 Blue eye trevalla 0.1301 3 Blue grenadier 0.1380 4 Blue warehou 0.0223 5 Deepwater flathead 0.0031 6 Elephantfish 0.1528 Southern and Eastern Scalefish and Shark Fishery Part 11 Statutory fishing rights Division 3 Regulation 11.13 2010, 312 Fishing Levy Regulations 2010 25 Item Quota species Sector or zone Amount of levy ($) 7 Flathead 0.1806 8 Gemfish Eastern sector 0.0923 9 Gemfish Western sector 0.0564 10 Gummy Shark 0.3519 11 Jackass morwong 0.0536 12 John dory 0.2023 13 Mirror dory 0.0977 14 Ocean perch 0.1221 15 Orange roughy Albany and Esperance 0.0035 16 Orange roughy Cascade Plateau zone 0.0316 17 Orange roughy Eastern zone 0.0037 18 Orange roughy Southern zone 0.0002 19 Orange roughy Western zone 0.0019 20 Pink ling 0.2450 21 Redfish 0.0782 22 Royal red prawn 0.0271 23 Saw Shark 0.1631 24 School Shark 0.1574 25 School whiting 0.0273 26 Silver trevally 0.0758 27 Spotted warehou 0.1719 11.13 When levy must be paid — leviable SESSF SFR (1) In this regulation: leviable SESSF SFR means: (a) a leviable SESSF GAB trawl boat SFR within the meaning given by subregulation 11.7 (1); or (b) a leviable SESSF gillnet boat SFR within the meaning given by subregulation 11.8 (1); or Part 11 Southern and Eastern Scalefish and Shark Fishery Division 3 Statutory fishing rights Regulation 11.13 26 Fishing Levy Regulations 2010 2010, 312 (c) a leviable SESSF scalefish hook boat SFR within the meaning given by subregulation 11.9 (1); or (d) a leviable SESSF shark hook boat SFR within the meaning given by subregulation 11.10 (1); or (e) a leviable SESSF trawl boat SFR within the meaning given by subregulation 11.11 (1); or (f) a leviable SESSF quota SFR within the meaning given by subregulation 11.12 (1). (2) This regulation is made for sections 110 and 111 of the Management Act. (3) Levy payable for a leviable SESSF SFR may be paid in 2 equal instalments. (4) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 29 January 2011; and (b) 28 days after the invoice date for the levy. (5) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 29 January 2011; and (ii) 28 days after the invoice date for the levy; and (b) the second instalment is due and payable on the later of: (i) 16 April 2011; and (ii) 28 days after the invoice date for the instalment. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Southern Bluefin Tuna Fishery Part 12 Regulation 12.3 2010, 312 Fishing Levy Regulations 2010 27 Part 12 Southern Bluefin Tuna Fishery 12.1 Definition — leviable SBTF SFR In this Part: leviable SBTF SFR means a statutory fishing right that is: (a) described in section 8 of the Southern Bluefin Tuna Fishery Management Plan 1995; and (b) in force on 15 January 2011. 12.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.20. 12.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable SBTF SFR is due and payable on the later of: (a) 11 February 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Part 13 Southern Squid Jig Fishery Regulation 13.1 28 Fishing Levy Regulations 2010 2010, 312 Part 13 Southern Squid Jig Fishery 13.1 Definition — leviable SSJF gear SFR In this Part: leviable SSJF gear SFR means a gear statutory fishing right that is: (a) granted under the Southern Squid Jig Fishery Management Plan 2005; and (b) in force on 1 January 2011. 13.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $23.90. 13.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable SSJF gear SFR is due and payable on the later of: (a) 28 February 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Western Deepwater Trawl Fishery Part 14 Regulation 14.3 2010, 312 Fishing Levy Regulations 2010 29 Part 14 Western Deepwater Trawl Fishery 14.1 Definition — leviable WDWTF fishing permit In this Part: leviable WDWTF fishing permit means a fishing permit that is: (a) granted under the Management Act for the Western Deepwater Trawl Fishery; and (b) in force at any time during the period starting on the commencement of these Regulations and ending on 30 June 2011. 14.2 Amount of levy For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $11 859.21. 14.3 When levy must be paid For section 110 of the Management Act, levy payable for a leviable WDWTF fishing permit is due and payable on the later of: (a) 29 January 2011; and (b) 28 days after the invoice date for the levy. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Part 15 Western Tuna and Billfish Fishery Regulation 15.1 30 Fishing Levy Regulations 2010 2010, 312 Part 15 Western Tuna and Billfish Fishery 15.1 Definitions (1) In this Part: Plan means the Western Tuna and Billfish Fishery Management Plan 2005. WTBF means the Western Tuna and Billfish Fishery. (2) In this Part, a reference to a statutory fishing right is a reference to a right granted under the Management Act in accordance with the Plan. 15.2 Amount of levy — leviable WTBF Boat SFR (1) In this regulation: leviable WTBF Boat SFR means a WTBF Boat SFR that is: (a) granted under the Management Act for the Western Tuna and Billfish Fishery (b) in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Boat SFR is $1 296.50. 15.3 Amount of levy — leviable WTBF Bigeye Tuna quota SFR (1) In this regulation: leviable WTBF Bigeye Tuna quota SFR means a quota SFR that: (a) is granted under the Management Act for the Western Tuna and Billfish Fishery; and (b) authorises the holder to take Bigeye Tuna; and (c) is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Bigeye Tuna quota SFR is $0.07. Western Tuna and Billfish Fishery Part 15 Regulation 15.6 2010, 312 Fishing Levy Regulations 2010 31 15.4 Amount of levy — leviable WTBF Broadbill Swordfish quota SFR (1) In this regulation: leviable WTBF Broadbill Swordfish quota SFR means a quota SFR that: (a) is granted under the Management Act for the Western Tuna and Billfish Fishery; and (b) authorises the holder to take Broadbill Swordfish; and (c) is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Broadbill Swordfish quota SFR is $0.07. 15.5 Amount of levy — leviable WTBF Striped Marlin quota SFR (1) In this regulation: leviable WTBF Striped Marlin quota SFR means a quota SFR that: (a) is granted under the Management Act for the Western Tuna and Billfish Fishery; and (b) authorises the holder to take Striped Marlin; and (c) in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Striped Marlin quota SFR is $0.07. 15.6 Amount of levy — leviable WTBF Yellowfin Tuna quota SFR (1) In this regulation: leviable WTBF Yellowfin Tuna quota SFR means a quota SFR that: (a) is granted under the Management Act for the Western Tuna and Billfish Fishery; and (b) authorises the holder to take Yellowfin Tuna; and Part 15 Western Tuna and Billfish Fishery Regulation 15.7 32 Fishing Levy Regulations 2010 2010, 312 (c) is in force on 1 January 2011. (2) For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WTBF Yellowfin Tuna quota SFR is $0.07. 15.7 When levy must be paid — SFRs in force on 1 January 2011 (1) In this regulation: leviable SFR means: (a) a leviable WTBF Boat SFR within the meaning given by subregulation 15.2 (1); or (b) a leviable WTBF Bigeye Tuna quota SFR within the meaning given by subregulation 15.3 (1); or (c) a leviable WTBF Broadbill Swordfish quota SFR within the meaning given by subregulation 15.4 (1); or (d) a leviable WTBF Striped Marlin quota SFR within the meaning given by subregulation 15.5 (1); or (e) a leviable WTBF Yellowfin Tuna quota SFR within the meaning given by subregulation 15.6 (1). (2) This regulation is made for sections 110 and 111 of the Management Act. (3) Levy payable for a leviable SFR may be paid in 2 equal instalments. (4) If levy is paid by making 1 payment of the full amount due, the payment is due and payable on the later of: (a) 28 February 2011; and (b) 28 days after the invoice date for the levy. (5) If levy is paid in 2 instalments: (a) the first instalment is due and payable on the later of: (i) 28 February 2011; and (ii) 28 days after the invoice date for the levy; and Western Tuna and Billfish Fishery Part 15 Regulation 15.7 2010, 312 Fishing Levy Regulations 2010 33 (b) the second instalment is due and payable on the later of: (i) 1 May 2011; and (ii) 28 days after the invoice date for the instalment. Note Section 7 of the Levy Act provides that levy in respect of a fishing permit or statutory fishing right is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing permit or statutory fishing right. Note 1. 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