Fisheries (Fees, Royalties and Levies) Regulations 2017

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 001 Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 Authorised Version as at 29 January 2018 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objectives 1 2 Authorising provisions 1 3 Commencement 1 4 Revocations 1 5 Definitions and interpretation 2 Part 2—Commercial fishery licences and individual quota units 4 Division 1—Fees 4 6 Application fees—commercial fishery licences 4 7 Transfer fees for commercial fishery licences 5 8 Time for application for renewal of renewable licence 5 9 Licence fees for commercial fishery licences 5 10 Manner in which and date by which fees are payable 5 11 Fee for application for transfer of individual abalone quota units 6 12 Fee for application for transfer of individual quota units for fisheries other than the abalone fishery 6 13 Fees for variation of a commercial fishery licence 7 14 Fee to obtain abalone quota unit holding statement 7 15 Fee for a notification by holder of an individual abalone quota unit 7 Division 2—Royalties 7 16 Prescribed factors for fixing royalty rates 7 17 Royalty for individual abalone quota unit 7 18 Manner in which and date by which royalty is payable 9 Authorised by the Chief Parliamentary Counsel Regulation Page ii Division 3—Levies 9 19 Levies on access licences 9 20 Levies on fish receiver licences 12 21 Levies on aquaculture licences 12 22 Levies on individual quota units 14 23 Research levy for Fisheries Research and Development Corporation 16 24 Levy for making grants under section 151(5) of the Act 18 25 Manner in which and date by which levies payable 18 26 Reduction or waiver of levies 19 27 Refund of grants levy 20 Part 3—Recreational fishery licences 21 28 Fees payable for group recreational fishery licences 21 29 Levies payable for recreational fishery licences 21 Part 4—Permits 23 Division 1—General permits 23 30 General permit fees 23 Division 2—Protected aquatic biota permits 23 31 Protected aquatic biota permit fees 23 Part 5—Boat registration 25 32 Fishing boat registration fee 25 33 Fishing boat registration renewal fee 25 34 Fishing boat registration transfer fee 25 Schedule 1—Regulations revoked 26 Schedule 2—Application and transfer fees for commercial fishery licences 27 Schedule 3—Levies for access licences 30 Schedule 4—Levies for fish receiver licences 33 Schedule 5—Levies for aquaculture licences 34 Schedule 6—Levies for individual quota units 36 Schedule 7—Levies for grants made under section 151(5) of the Act 38 ═════════════ Authorised by the Chief Parliamentary Counsel Regulation Page iii Endnotes 40 1 General information 40 2 Table of Amendments 42 3 Amendments Not in Operation 43 4 Explanatory details 44 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 001 Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 Authorised Version as at 29 January 2018 Part 1—Preliminary 1 Objectives The objectives of these Regulations are to prescribe— (a) fees, royalties and levies payable in respect of commercial fishery licences, individual quota units, recreational fishery licences, permits and boat registrations under the Fisheries Act 1995; and (b) other provisions relating to those fees, royalties and levies. 2 Authorising provisions These Regulations are made under sections 150, 151, 151A and 153 of the Fisheries Act 1995. 3 Commencement These Regulations come into operation on 29 January 2018. 4 Revocations The Regulations listed in Schedule 1 are revoked. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 2 5 Definitions and interpretation (1) In these Regulations— abalone fishery access licence means any of the following classes of access licence— (a) Abalone Fishery (Central Zone) Access Licence; (b) Abalone Fishery (Eastern Zone) Access Licence; (c) Abalone Fishery (Western Zone) Access Licence; commercial fishery licence means any of the following licences— (a) an access licence; (b) an aquaculture licence; (c) a fish receiver licence; Fisheries Research and Development Corporation means the Fisheries Research and Development Corporation established under section 8 of the Primary Industries Research and Development Act 1989 of the Commonwealth; general permit means a permit issued under section 49 of the Act; protected aquatic biota permit means a permit issued under section 72 of the Act; renewable licence means an access licence, a fish receiver licence or any class of licence prescribed for the purposes of section 57(1) of the Act; the Act means the Fisheries Act 1995. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 3 (2) A reference in these Regulations to a particular class of commercial fishery licence is a reference to that class of commercial fishery licence within the meaning of the Fisheries Regulations 20091. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 4 Part 2—Commercial fishery licences and individual quota units Division 1—Fees 6 Application fees—commercial fishery licences (1) The application fee for the issue of a commercial fishery licence of a class specified in Column 2 of the Table in Schedule 2 is the fee specified in Column 3 of that Table corresponding to that class of licence. (2) Despite subregulation (1)— (a) a person who applies for more than one aquaculture licence to conduct aquaculture activities at the same specified area is liable to pay only one application fee in discharge of the application fees which would otherwise be individually payable for the licences; and (b) the fee that is payable is the highest of the fees that would be individually payable in respect of the licences. (3) Despite subregulation (1)— (a) a person who applies for an Aquaculture (Private Land—Yabbies Multi-waters) Licence is not liable to pay the application fee which would otherwise be individually payable if that person holds a current Aquaculture (Private Land—Yabbies) Licence which specifies the same specified area on the application; and Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 5 (b) a person who applies for an Aquaculture (Private Land—Yabbies) Licence is not liable to pay the application fee which would otherwise be individually payable if that person holds a current Aquaculture (Private Land—Yabbies Multi-waters) Licence which specifies the same specified area on the application. 7 Transfer fees for commercial fishery licences The fee for the transfer of a commercial fishery licence of a class specified in Column 2 of the Table in Schedule 2 is the fee specified in Column 4 of that Table that corresponds to that class of licence. 8 Time for application for renewal of renewable licence (1) An application for renewal of a renewable licence must be made by the date specified by the Victorian Fisheries Authority. (2) The Victorian Fisheries Authority must give each licence holder to whom subregulation (1) applies notice of the specified date in writing at least 14 days before the specified date. 9 Licence fees for commercial fishery licences The fee for the issue or renewal of any commercial fishery licence is 2·6 fee units. 10 Manner in which and date by which fees are payable (1) The fee prescribed under regulation 9 for the renewal of a commercial fishery licence is payable to the Victorian Fisheries Authority annually by the date specified by the Victorian Fisheries Authority. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 6 (2) The Victorian Fisheries Authority must give each licence holder to whom subregulation (1) applies notice of the specified date in writing at least 14 days before the specified date. Note Under section 58 of the Act, the Victorian Fisheries Authority may require the holder of a fishery licence to show sufficient cause why the licence should not be cancelled or suspended if the holder of the licence has not paid any fee that is due in respect of the licence within 14 days of the date that it was due. If the licence holder fails to show sufficient cause the Victorian Fisheries Authority may cancel or suspend the licence in accordance with that section. 11 Fee for application for transfer of individual abalone quota units The fee for an application for the transfer of one or more individual abalone quota units under section 66K of the Act is 15·3 fee units. 12 Fee for application for transfer of individual quota units for fisheries other than the abalone fishery (1) The fee for an application for the transfer of a fraction of, or one or more individual quota units under section 65A of the Act in the following fisheries is— (a) 2·6 fee units in respect of the giant crab fishery; and (b) 2·6 fee units in respect of the rock lobster fishery; and (c) 2·6 fee units in respect of the scallop (ocean) fishery. (2) In this regulation— (a) giant crab fishery has the same meaning as Giant Crab fishery has in Schedule 4 to the Fisheries Regulations 2009; Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 7 (b) rock lobster fishery has the same meaning as Rock lobster fishery has in Schedule 4 to the Fisheries Regulations 2009; (c) scallop (ocean) fishery has the same meaning as Scallop (Ocean) fishery has in Schedule 4 to the Fisheries Regulations 2009. 13 Fees for variation of a commercial fishery licence The application fee for the variation of a commercial fishery licence is 2·6 fee units. 14 Fee to obtain abalone quota unit holding statement For the purposes of section 66H(2) of the Act, the application fee to obtain an abalone quota unit holding statement is 2·6 fee units. 15 Fee for a notification by holder of an individual abalone quota unit The fee payable for a notification to the Victorian Fisheries Authority under section 66J(1) of the Act of the nomination of the holder of an abalone fishery access licence to take abalone under an individual abalone quota unit is 2·6 fee units. Division 2—Royalties 16 Prescribed factors for fixing royalty rates For the purposes of section 150(2)(b)(vii) of the Act the number of licences or individual abalone quota units in a fishery or fishery zone are prescribed factors. 17 Royalty for individual abalone quota unit For the purposes of section 150 of the Act, the royalty payable in respect of an individual abalone quota unit is the amount calculated in accordance with the following formula— ( ) ( )0 · 072 × GVPr FS + FRDC− Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 8 where— GVPr is the average weighted beach price per kilogram of abalone for the financial year preceding the licensing year in which the royalty is payable multiplied by the weight of abalone in kilograms allocated to the individual abalone quota unit in the quota period for the licensing year in which the royalty is payable; FS is comprised of— (a) the total combined amount of each of the levies set out in Columns 3, 4, 5 and 6 of the Table in Schedule 6 corresponding to that class of individual abalone quota unit; and (b) an amount determined in accordance with the formula— C B A × where— A is the amount of the levy set out in Column 3 of the Table in Schedule 3 corresponding to the class of abalone fishery access licence in respect of which the quota unit is allocated; B is the number of abalone fishery access licences of the class referred to in "A" that are in force immediately before the quota period for the licensing year in which the royalty is payable for the abalone zone in respect of which the individual abalone quota unit is held; Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 9 C is the number of individual abalone quota units allocated in respect of the abalone zone referred to in "B"; FRDC is the amount of the levy for research provided by the Fisheries Research and Development Corporation calculated under regulation 23(1)(d) in respect of that class of individual abalone quota unit. 18 Manner in which and date by which royalty is payable (1) The royalty prescribed under regulation 17 is payable to the Victorian Fisheries Authority annually by the date specified by the Victorian Fisheries Authority. Note Under section 66Q of the Act, failure to pay the royalty imposed in respect of an individual abalone quota unit within 14 days of the date that the payment of the royalty is due may result in suspension of the entitlement under the individual abalone quota unit until the royalty is paid. Failure to pay the royalty within 12 months will result in cancellation of the individual abalone quota unit on the day after the end of that period. (2) The Victorian Fisheries Authority must give each individual abalone quota unit holder to whom subregulation (1) applies a written notice of the specified date at least 14 days before the specified date. Division 3—Levies 19 Levies on access licences (1) For the purposes of section 151(1) of the Act the following classes of access licence are prescribed— (a) an Abalone Fishery (Central Zone) Access Licence; Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 10 (b) an Abalone Fishery (Eastern Zone) Access Licence; (c) an Abalone Fishery (Western Zone) Access Licence; (d) a Bait (General) Fishery Access Licence; (e) a Corner Inlet Fishery Access Licence; (f) an Eel Fishery Access Licence; (g) a Giant Crab Fishery (Western Zone) Access Licence; (h) a Gippsland Lakes (Bait) Fishery Access Licence; (i) a Gippsland Lakes Fishery Access Licence; (j) a Gippsland Lakes (Mussel Dive) Fishery Access Licence; (k) a Lake Tyers (Bait) Fishery Access Licence; (l) a Mallacoota Lower Lake (Bait) Fishery Access Licence; (m) an Ocean Fishery Access Licence; (n) Port Phillip Bay (Mussel Bait) Fishery Access Licence; (o) a Purse Seine (Ocean) Fishery Access Licence; (p) a Rock Lobster Fishery (Eastern Zone) Access Licence; (q) a Rock Lobster Fishery (Western Zone) Access Licence; (r) a Scallop Dive (Port Phillip Bay) Fishery Access Licence; (s) a Scallop (Ocean) Fishery Access Licence; (t) a Sea Urchin Fishery Access Licence; Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 11 (u) a Snowy River (Bait) Fishery Access Licence; (v) a Sydenham Inlet (Bait) Fishery Access Licence; (w) a Trawl (Inshore) Fishery Access Licence; (x) a Western Port/Port Phillip Bay Fishery Access Licence; (y) a Wrasse (Ocean) Fishery Access Licence. (2) For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of each class of access licence set out in Column 2 of the Table in Schedule 3— (a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of access licence; (b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of access licence; (c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of access licence; (d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of access licence. (3) Despite the levies prescribed under subregulation (2)(a) to (d), if the averaged annual catch over the 3 financial years preceding the licensing year in which the levies are payable in respect of any class of access licence subject to those levies is less than 500 kilograms, the total amount of levy payable instead of those levies for each licence in that class of licence must not exceed 38·9 fee units. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 12 20 Levies on fish receiver licences (1) For the purposes of section 151(1) of the Act, the following classes of fish receiver licence are prescribed— (a) a Fish Receivers' (Abalone) Licence; (b) a Fish Receivers' (Scallop) Licence. (2) For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of each class of fish receiver licence specified in Column 2 of the Table in Schedule 4— (a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of licence; (b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of licence; (c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of licence; (d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of licence. 21 Levies on aquaculture licences (1) For the purposes of section 151(1) of the Act, the following classes of aquaculture licence are prescribed— (a) an Aquaculture (Crown Land—Abalone) Licence; (b) an Aquaculture (Crown Land—Bivalve Shellfish) Licence; (c) an Aquaculture (Crown Land—Eels) Licence; Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 13 (d) an Aquaculture (Crown Land—Offshore) Licence; (e) an Aquaculture (Crown Land—Other) Licence; (f) an Aquaculture (On-shore Abalone) Licence; (g) an Aquaculture (Private Land—Eels) Licence; (h) an Aquaculture (Private Land—Indoor Intensive) Licence; (i) an Aquaculture (Private Land—Marine) Licence; (j) an Aquaculture (Private Land— Ornamentals) Licence; (k) an Aquaculture (Private Land—Other) Licence; (l) an Aquaculture (Private Land—Salmonids) Licence; (m) an Aquaculture (Private Land—Tourism) Licence; (n) an Aquaculture (Private Land—Warm Water Finfish) Licence; (o) an Aquaculture (Private Land—Yabbies) Licence; (p) an Aquaculture (Private Land—Yabbies Multi-waters) Licence. (2) For the purposes of section 151(1) of the Act, the following levies are prescribed in respect of each class of aquaculture licence specified in Column 2 of the Table in Schedule 5— (a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of licence; Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 14 (b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of licence; (c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of licence; (d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of licence. (3) Despite the levies prescribed under subregulation (2)(a) to (d), if the averaged annual production of fish over the 3 financial years preceding the licensing year in which the levies are payable in respect of any class of aquaculture licence subject to those levies is less than 500 kilograms, the total amount of levy payable instead of those levies for each licence in that class of licence must not exceed 38·9 fee units. 22 Levies on individual quota units (1) For the purposes of section 151(1) of the Act, the following classes of individual quota unit are prescribed— (a) an individual Blacklip abalone quota unit (Central Zone); (b) an individual Blacklip abalone quota unit (Eastern Zone); (c) an individual Blacklip abalone quota unit (Western Zone). (d) an individual giant crab quota unit (Western Zone); (e) an individual Greenlip abalone quota unit (Central Zone); (f) an individual Greenlip abalone quota unit (Western Zone); Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 15 (g) an individual rock lobster quota unit (Eastern Zone); (h) an individual rock lobster quota unit (Western Zone). (2) For the purposes of section 151(1) of the Act the following levies are prescribed in respect of each class of individual quota unit specified in Column 2 of the Table in Schedule 6— (a) the levy for management services (if any) set out in Column 3 of that Table corresponding to that class of individual quota unit; (b) the levy for compliance services (if any) set out in Column 4 of that Table corresponding to that class of individual quota unit; (c) the levy for research services (if any) set out in Column 5 of that Table corresponding to that class of individual quota unit; (d) the levy for administration services (if any) set out in Column 6 of that Table corresponding to that class of individual quota unit; (e) the levy for making a grant under section 151(5) of the Act (if any) set out in Column 7 of that Table corresponding to that class of individual quota unit. Note The grants from the levies imposed under regulation 22(2)(e) are made under section 151(5) of the Act to certain bodies which represent the interests of the holders of access licences relating to the abalone fishery and individual abalone quota unit holders in the central and western zones of the abalone fishery. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 16 23 Research levy for Fisheries Research and Development Corporation (1) For the purposes of section 151(1) of the Act, the following levies are prescribed for the purposes of research carried out on behalf of the Fisheries Research and Development Corporation— (a) for each class of access licence prescribed in regulation 19(1)(g), (p) and (q), a levy calculated in accordance with the following formula— (0 00075 GVPf) ; A ⋅ × (b) for each class of licence prescribed in regulations 19(1)(d) to (f), (h) to (o) and (r) to (y) and 21 a levy calculated in accordance with the following formula— (0 0025 GVPf) ; B ⋅ × (c) for each class of individual quota unit prescribed in regulation 22(1)(d), (g) and (h), a levy calculated in accordance with the following formula— (0 00175 GVPf) ; C ⋅ × (d) for each class of individual abalone quota unit prescribed in regulation 22(1)(a) to (c), (e) and (f), a levy calculated in accordance with the following formula— (0 0025 GVPf) ; D ⋅ × Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 17 (2) In this regulation— A means the number of licences of the relevant class held in the relevant fishery zone as at 1 January immediately before the commencement of the licensing year in which the levy is payable; B means the number of licences of the relevant class held in the relevant fishery as at 1 January immediately before the commencement of the licensing year in which the levy is payable; C means the number of individual quota units of the relevant class held in the relevant fishery zone as at 1 January immediately before the commencement of the licensing year in which the levy is payable; D means the number of individual abalone quota units of the relevant class held in the relevant abalone fishery zone as at 1 January immediately before the commencement of the licensing year in which the levy is payable; GVPf means the average weighted beach price per kilogram of fish landed from the relevant fishery or fishery zone over the 3 financial years immediately before the commencement of the licensing year in which the levy is payable, multiplied by the average weight per year of fish in kilograms landed from the relevant fishery or fishery zone over those 3 financial years. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 18 24 Levy for making grants under section 151(5) of the Act For the purposes of section 151(1) of the Act the following levies are prescribed for the purposes of making grants under section 151(5) of the Act— (a) for each class of licence set out in Column 2 of the Table in Schedule 7, the levy set out in Column 3 of that Table corresponding to that class of licence; and (b) for each class of individual quota unit set out in Column 2 of the Table in Schedule 7, the levy set out in Column 3 of that Table corresponding to that class of individual quota unit. Note The grants made from the levies imposed under this regulation are made under section 151(5) of the Act to the industry body which represents Victoria's seafood industry. 25 Manner in which and date by which levies payable (1) A levy prescribed under regulation 19, 20, 21, 22, 23 or 24 is payable to the Victorian Fisheries Authority annually by the date specified by the Victorian Fisheries Authority. (2) The Victorian Fisheries Authority must give each licence holder or individual quota unit holder to whom subregulation (1) applies notice of the specified date in writing at least 14 days before the specified date. Notes 1 Under section 58 of the Act, the Victorian Fisheries Authority may require the holder of a fishery licence to show sufficient cause why the licence should not be cancelled or suspended if the holder of the licence has not paid any levy that is due in respect of the licence within 14 days of the date that it was due. If the licence holder fails to show sufficient cause the Victorian Fisheries Authority may cancel or suspend the licence in accordance with that section. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 19 2 Under section 66Q of the Act, failure to pay the levy for an individual abalone quota unit specified in regulation 22, 23 or 24 within 14 days of the date that the levy was due may result in suspension of the entitlement under the individual abalone quota unit until the levy is paid. Failure to pay the levy within 12 months will result in cancellation of the individual abalone quota unit on the day after the end of that period. 26 Reduction or waiver of levies (1) The Minister may, in accordance with subregulation (2), reduce or waive in whole or in part a levy payable under regulation 19, 20, 21 or 22 in respect of any class of licence or individual quota unit for— (a) management services; or (b) compliance services; or (c) research services; or (d) administration services. (2) The Minister may reduce or waive a levy imposed for any of the services referred to in subregulation (1), if the Minister is satisfied that— (a) the level of those services provided in the licensing year prior to the licensing year in respect of which the levy is payable, was materially less than the level of services on which the levy imposed in the prior licensing year was based; or (b) the level of those services to be provided in the licensing year in respect of which the levy is payable will be materially less than the level of those services on which the levy is based. Authorised by the Chief Parliamentary Counsel Part 2—Commercial fishery licences and individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 20 27 Refund of grants levy The Minister may refund any levy or part of a levy imposed for the purposes of making a grant under section 151(5) of the Act to the person who at the date of the refund is the holder of the licence, individual quota unit or permit in respect of which the levy was paid, in the event that any proceeds of the levy are not granted to any person or body by the end of the licensing year in which the levy was paid. Authorised by the Chief Parliamentary Counsel Part 3—Recreational fishery licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 21 Part 3—Recreational fishery licences 28 Fees payable for group recreational fishery licences (1) The application fee for a group recreational fishery licence issued under section 46 of the Act is 2·51 fee units. (2) The Minister may, in writing, waive the fee prescribed under subregulation (1) if the Minister is satisfied that special circumstances apply. 29 Levies payable for recreational fishery licences (1) For the purposes of section 151(1) of the Act, a recreational fishery licence is a prescribed class of licence. (2) For the purposes of section 151(1) of the Act, the following levies are prescribed— (a) for a recreational fishery licence with a duration of 3 years, 6·8 fee units; (b) for a recreational fishery licence with a duration of 1 year, 2·51 fee units; (c) for a recreational fishery licence with a duration of 28 days, 1·43 fee units (d) for a recreational fishery licence with a duration of 3 days, $10. (3) Despite subregulation (2)(a) and (b), the levy prescribed for the purposes of section 151(1) of the Act for a recreational fishery licence that is applied for online through the website administered by the Victorian Fisheries Authority is— (a) for a recreational fishery licence with a duration of 3 years, 6·44 fee units (b) for a recreational fishery licence with a duration of 1 year, 2·36 fee units. Authorised by the Chief Parliamentary Counsel Part 3—Recreational fishery licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 22 (4) A person must pay the relevant levy prescribed under subregulation (2) or (3) before a recreational fishery licence is issued to that person. (5) For the purposes of section 151(6) of the Act the Minister may exempt a person or class of persons from the payment of a levy prescribed under subregulation (2) or (3) if the Minister is satisfied that special circumstances apply. Authorised by the Chief Parliamentary Counsel Part 4—Permits Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 23 Part 4—Permits Division 1—General permits 30 General permit fees (1) Subject to subregulation (2), the application fee for the issue of a general permit is 10·2 fee units. (2) The application fee for the issue of a general permit in respect of a developing fishery is 15·3 fee units. (3) The application fee for either of the following variations by the Victorian Fisheries Authority of a general permit is 10·2 fee units— (a) a variation or revocation of a condition imposed on the permit; (b) the imposition of a new condition on the permit. (4) The Victorian Fisheries Authority may, in writing, waive the fee prescribed under subregulation (1) or (3) if the Victorian Fisheries Authority is satisfied that special circumstances apply. (5) The application fee for the reissue of a general permit by the Victorian Fisheries Authority under section 49(5) of the Act is 10·2 fee units. Division 2—Protected aquatic biota permits 31 Protected aquatic biota permit fees (1) The application fee for the issue of a protected aquatic biota permit is 10·2 fee units. (2) The application fee for either of the following variations by the Victorian Fisheries Authority of a protected aquatic biota permit is 10·2 fee units— Authorised by the Chief Parliamentary Counsel Part 4—Permits Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 24 (a) a variation or revocation of a condition imposed on the permit; (b) the imposition of a new condition on the permit. (3) The Victorian Fisheries Authority may, in writing, waive the fee prescribed under subregulation (1) or (2) if the Victorian Fisheries Authority is satisfied that special circumstances apply. Authorised by the Chief Parliamentary Counsel Part 5—Boat registration Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 25 Part 5—Boat registration 32 Fishing boat registration fee The application fee for the registration of a boat under Part 5 of the Fisheries Regulations 2009 is 2·6 fee units. 33 Fishing boat registration renewal fee The application fee for renewal of the registration of a boat under Part 5 of the Fisheries Regulations 2009 is 2·6 fee units. 34 Fishing boat registration transfer fee The application fee for the transfer of the registration of a boat under Part 5 of the Fisheries Regulations 2009 is 2·6 fee units. Note For the purposes of section 114 of the Act, the carrying out of the commercial fishing activities set out in regulation 105 of the Fisheries Regulations 2009 from a boat that is not registered under Part 5 of those Regulations is prohibited. Authorised by the Chief Parliamentary Counsel Schedule 1—Regulations revoked Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 26 Schedule 1—Regulations revoked Regulation 4 S.R. No. Title 4/2008 Fisheries (Fees, Royalties and Levies) Regulations 2008 92/2008 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2008 3/2009 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2009 13/2010 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2010 12/2011 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2011 28/2013 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2013 168/2013 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013 5/2014 Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014 96/2014 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 12/2015 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2015 8/2016 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2016 71/2016 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 1/2017 Fisheries (Fees, Royalties and Levies) Amendment Regulations 2017 58/2017 Fisheries and Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Further Amendment Regulations 2017 Authorised by the Chief Parliamentary Counsel Schedule 2—Application and transfer fees for commercial fishery licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 27 Schedule 2—Application and transfer fees for commercial fishery licences Regulations 6 and 7 Column 1 Column 2 Column 3 Column 4 Item Class of licence Application fee Transfer fee 1 Abalone Fishery (Central Zone) Access Licence 20·4 fee units 15·3 fee units 2 Abalone Fishery (Eastern Zone) Access Licence 20·4 fee units 15·3 fee units 3 Abalone Fishery (Western Zone) Access Licence 20·4 fee units 15·3 fee units 4 Bait (General) Fishery Access Licence 20·4 fee units Not applicable 5 Corner Inlet Fishery Access Licence 20·4 fee units 15·3 fee units 6 Eel Fishery Access Licence 20·4 fee units 15·3 fee units 7 Giant Crab Fishery (Western Zone) Access Licence 20·4 fee units 15·3 fee units 8 Gippsland Lakes (Bait) Fishery Access Licence 20·4 fee units 15·3 fee units 9 Gippsland Lakes Fishery Access Licence 20·4 fee units 15·3 fee units 10 Gippsland Lakes (Mussel Dive) Fishery Access Licence 20·4 fee units Not applicable 11 Lake Tyers (Bait) Fishery Access Licence 20·4 fee units Not applicable 12 Mallacoota Lower Lake (Bait) Fishery Access Licence 20·4 fee units 15·3 fee units 13 Ocean Fishery Access Licence 20·4 fee units Not applicable Authorised by the Chief Parliamentary Counsel Schedule 2—Application and transfer fees for commercial fishery licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 28 Column 1 Column 2 Column 3 Column 4 Item Class of licence Application fee Transfer fee 14 Port Phillip Bay (Mussel Bait) Fishery Access Licence 20·4 fee units Not applicable 15 Purse Seine (Ocean) Fishery Access Licence 20·4 fee units Not applicable 16 Rock Lobster Fishery (Eastern Zone) Access Licence 20·4 fee units 15·3 fee units 17 Rock Lobster Fishery (Western Zone) Access Licence 20·4 fee units 15·3 fee units 18 Scallop Dive (Port Phillip Bay) Fishery Access Licence Nil 15·3 fee units 19 Scallop (Ocean) Fishery Access Licence 20·4 fee units 15·3 fee units 20 Sea Urchin Fishery Access Licence 20·4 fee units Not applicable 21 Snowy River (Bait) Fishery Access Licence 20·4 fee units 15·3 fee units 22 Sydenham Inlet (Bait) Fishery Access Licence 20·4 fee units 15·3 fee units 23 Trawl (Inshore) Fishery Access Licence 20·4 fee units 15·3 fee units 24 Western Port/Port Phillip Bay Fishery Access Licence 20·4 fee units 15·3 fee units 25 Wrasse (Ocean) Fishery Access Licence 20·4 fee units 15·3 fee units 26 Fish Receivers' (Abalone) Licence 20·4 fee units Not applicable 27 Fish Receivers' (Scallop) Licence 20·4 fee units Not applicable 28 Aquaculture (Crown Land— Abalone) Licence 20·4 fee units 15·3 fee units 29 Aquaculture (Crown Land— Bivalve Shellfish) Licence 20·4 fee units 15·3 fee units Authorised by the Chief Parliamentary Counsel Schedule 2—Application and transfer fees for commercial fishery licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 29 Column 1 Column 2 Column 3 Column 4 Item Class of licence Application fee Transfer fee 30 Aquaculture (Crown Land— Eels) Licence 20·4 fee units 15·3 fee units 31 Aquaculture (Crown Land— Offshore) Licence 20·4 fee units 15·3 fee units 32 Aquaculture (Crown Land— Other) Licence 20·4 fee units 15·3 fee units 33 Aquaculture (On-shore Abalone) Licence 20·4 fee units 15·3 fee units 34 Aquaculture (Private Land— Eels) Licence 20·4 fee units 15·3 fee units 35 Aquaculture (Private Land— Indoor Intensive) Licence 20·4 fee units 15·3 fee units 36 Aquaculture (Private Land— Marine) Licence 20·4 fee units 15·3 fee units 37 Aquaculture (Private Land— Ornamentals) Licence 20·4 fee units 15·3 fee units 38 Aquaculture (Private Land— Other) Licence 20·4 fee units 15·3 fee units 39 Aquaculture (Private Land— Salmonids) Licence 20·4 fee units 15·3 fee units 40 Aquaculture (Private Land— Tourism) Licence 20·4 fee units 15·3 fee units 41 Aquaculture (Private Land— Warm Water Finfish) Licence 20·4 fee units 15·3 fee units 42 Aquaculture (Private Land— Yabbies) Licence 20·4 fee units 15·3 fee units 43 Aquaculture (Private Land— Yabbies Multi-waters) Licence 20·4 fee units 15·3 fee units Authorised by the Chief Parliamentary Counsel Schedule 3—Levies for access licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 30 Schedule 3—Levies for access licences Regulations 17 and 19(2) Column 1 Item No. Column 2 Class of licence Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services 1 Abalone Fishery (Central Zone) Access Licence 13·4 fee units Nil Nil Nil 2 Abalone Fishery (Eastern Zone) Access Licence 12·8 fee units Nil Nil Nil 3 Abalone Fishery (Western Zone) Access Licence 29·7 fee units Nil Nil Nil 4 Bait (General) Fishery Access Licence 8·9 fee units 25·8 fee units Nil 25·4 fee units 5 Corner Inlet Fishery Access Licence 6·7 fee units 73·1 fee units 79·2 fee units 39·6 fee units 6 Eel Fishery Access Licence 31·2 fee units 53·3 fee units Nil 52·4 fee units 7 Giant Crab Fishery (Western Zone) Access Licence 12·3 fee units 23·5 fee units 23·4 fee units 10·7 fee units 8 Gippsland Lakes (Bait) Fishery Access Licence 12·7 fee units 35·6 fee units 9·2 fee units 31·8 fee units 9 Gippsland Lakes Fishery Access Licence 66·4 fee units 51·5 fee units 242·8 fee units 52·3 fee units 10 Gippsland Lakes (Mussel Dive) Fishery Access Licence 53·1 fee units Nil Nil 26·4 fee units Authorised by the Chief Parliamentary Counsel Schedule 3—Levies for access licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 31 Column 1 Item No. Column 2 Class of licence Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services 11 Lake Tyers (Bait) Fishery Access Licence 106·3 fee units Nil 82·8 fee units 22·7 fee units 12 Mallacoota Lower Lake (Bait) Fishery Access Licence 106·3 fee units 19 fee units 82·8 fee units 24·9 fee units 13 Ocean Fishery Access Licence 1·4 fee units 8·7 fee units Nil 12·4 fee units 14 Port Phillip Bay (Mussel Bait) Fishery Access Licence 65·4 fee units 19 fee units Nil 30·9 fee units 15 Purse Seine (Ocean) Fishery Access Licence 46·5 fee units Nil Nil 49·3 fee units 16 Rock Lobster Fishery (Eastern Zone) Access Licence 25·6 fee units 25 fee units 74·6 fee units 32·5 fee units 17 Rock Lobster Fishery (Western Zone) Access Licence 17·1 fee units 15·3 fee units 106·8 fee units 29·7 fee units 18 Scallop Dive (Port Phillip Bay) Fishery Access Licence 436·2 fee units 365·8 fee units 137·9 fee units 381·3 fee units 19 Scallop (Ocean) Fishery Access Licence 12·6 fee units 1·4 fee units Nil 12 fee units 20 Sea Urchin Fishery Access Licence 71·2 fee units 25·5 fee units Nil 35·6 fee units Authorised by the Chief Parliamentary Counsel Schedule 3—Levies for access licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 32 Column 1 Item No. Column 2 Class of licence Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services 21 Snowy River (Bait) Fishery Access Licence 53·1 fee units 9·5 fee units 41·4 fee units 26·3 fee units 22 Sydenham Inlet (Bait) Fishery Access Licence 53·1 fee units 36·1 fee units 41·4 fee units 44·7 fee units 23 Trawl (Inshore) Fishery Access Licence 7·8 fee units 6·4 fee units 14·8 fee units 12·2 fee units 24 Western Port/Port Phillip Bay Fishery Access Licence 2 fee units 39·3 fee units 24 fee units 20·1 fee units 25 Wrasse (Ocean) Fishery Access Licence 12 fee units 22 fee units 3·6 fee units 29·9 fee units Authorised by the Chief Parliamentary Counsel Schedule 4—Levies for fish receiver licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 33 Schedule 4—Levies for fish receiver licences Regulation 20(2) Column 1 Item No. Column 2 Class of licence Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services 1 Fish Receivers' (Abalone) Licence Nil 109·6 fee units Nil 293·3 fee units 2 Fish Receivers' (Scallop) Licence Nil 29·8 fee units Nil 14·2 fee units Authorised by the Chief Parliamentary Counsel Schedule 5—Levies for aquaculture licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 34 Schedule 5—Levies for aquaculture licences Regulation 21(2) Column 1 Item No. Column 2 Class of licence Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services 1 Aquaculture (Crown Land— Abalone) Licence 108·2 fee units 5·1 fee units Nil 8·8 fee units 2 Aquaculture (Crown Land— Bivalve Shellfish) Licence 190 fee units 36·4 fee units Nil 10·8 fee units 3 Aquaculture (Crown Land—Eels) Licence 52·9 fee units 6·2 fee units Nil 94·2 fee units 4 Aquaculture (Crown Land— Offshore) Licence 78·7 fee units 16·7 fee units Nil 9·3 fee units 5 Aquaculture (Crown Land—Other) Licence 59·4 fee units 12 fee units Nil 11·4 fee units 6 Aquaculture (On-shore Abalone) Licence 216·3 fee units 6·7 fee units Nil 8·8 fee units 7 Aquaculture (Private Land—Eels) Licence 16·1 fee units Nil Nil 11·4 fee units 8 Aquaculture (Private Land—Indoor Intensive) Licence 31·2 fee units 3·3 fee units Nil 6·8 fee units 9 Aquaculture (Private Land— Marine) Licence 137·1 fee units 5·1 fee units Nil 16 fee units Authorised by the Chief Parliamentary Counsel Schedule 5—Levies for aquaculture licences Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 35 Column 1 Item No. Column 2 Class of licence Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services 10 Aquaculture (Private Land— Ornamentals) Licence 7·1 fee units 25·2 fee units Nil 7·7 fee units 11 Aquaculture (Private Land—Other) Licence 342·4 fee units 19 fee units Nil 16 fee units 12 Aquaculture (Private Land— Salmonids) Licence 29·6 fee units 6·8 fee units Nil 7·5 fee units 13 Aquaculture (Private Land— Tourism) Licence 54·5 fee units 6·7 fee units Nil 8·8 fee units 14 Aquaculture (Private Land—Warm Water Finfish) Licence 64·1 fee units 9·8 fee units Nil 8·1 fee units 15 Aquaculture (Private Land— Yabbies) Licence 3·3 fee units 7·4 fee units Nil 9·5 fee units 16 Aquaculture (Private Land— Yabbies Multi-waters) Licence 36·5 fee units 10 fee units Nil 7·4 fee units Authorised by the Chief Parliamentary Counsel Schedule 6—Levies for individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 36 Schedule 6—Levies for individual quota units Regulation 17 and 22(2) Column 1 Item No. Column 2 Class of individual quota unit Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services Column 7 Levy for grants 1 Individual Blacklip abalone quota unit (Central Zone) 3·5 fee units 5·8 fee units 21·7 fee units 6·8 fee units 24·6 fee units 2 Individual Blacklip abalone quota unit (Eastern Zone) 6·1 fee units 3·7 fee units 32·6 fee units 6·7 fee units Nil 3 Individual Blacklip abalone quota unit (Western Zone) 8·6 fee units 2·2 fee units 32·9 fee units 6·4 fee units 26·7 fee units 4 Individual giant crab quota unit (Western Zone) 1·1 fee units 2·1 fee units 2 fee units 1 fee unit Nil 5 Individual Greenlip abalone quota unit (Central Zone) 3·5 fee units 5·8 fee units 5·8 fee units 6·8 fee units 24·6 fee units 6 Individual Greenlip abalone quota unit (Western Zone) Nil Nil Nil Nil 26·7 fee units 7 Individual rock lobster quota unit (Eastern Zone) 2·7 fee units 2·6 fee units 7·8 fee units 3·4 fee units Nil Authorised by the Chief Parliamentary Counsel Schedule 6—Levies for individual quota units Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 37 Column 1 Item No. Column 2 Class of individual quota unit Column 3 Levy for management services Column 4 Levy for compliance services Column 5 Levy for research services Column 6 Levy for administration services Column 7 Levy for grants 8 Individual rock lobster quota unit (Western Zone) 1 fee unit 1 fee unit 4·4 fee units 1·4 fee units Nil Authorised by the Chief Parliamentary Counsel Schedule 7—Levies for grants made under section 151(5) of the Act Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 38 Schedule 7—Levies for grants made under section 151(5) of the Act Regulation 24 Column 1 Item No. Column 2 Class of licence or individual quota unit Column 3 Levy 1 Abalone Fishery (Central Zone) Access Licence 4⋅7 fee units 2 Abalone Fishery (Eastern Zone) Access Licence 4⋅7 fee units 3 Abalone Fishery (Western Zone) Access Licence 4⋅7 fee units 4 Bait (General) Fishery Access Licence 32⋅1 fee units 5 Corner Inlet Fishery Access Licence 32⋅1 fee units 6 Eel Fishery Access Licence 32⋅1 fee units 7 Fish Receivers' (Abalone) Licence 349⋅7 fee units 8 Fish Receivers' (Scallop) Licence 63 fee units 9 Giant Crab Fishery (Western Zone) Access Licence 32⋅1 fee units 10 Gippsland Lakes (Bait) Fishery Access Licence 24 fee units 11 Gippsland Lakes Fishery Access Licence 32⋅1 fee units 12 Gippsland Lakes (Mussel Dive) Fishery Access Licence 32⋅1 fee units 13 Individual abalone quota unit (Central Zone) 4⋅7 fee units 14 Individual abalone quota unit (Eastern Zone) 4⋅7 fee units 15 Individual abalone quota unit (Western Zone) 4⋅7 fee units 16 Lake Tyers (Bait) Fishery Access Licence 24 fee units 17 Mallacoota Lower Lake (Bait) Fishery Access Licence 24 fee units 18 Ocean Fishery Access Licence 32⋅1 fee units Authorised by the Chief Parliamentary Counsel Schedule 7—Levies for grants made under section 151(5) of the Act Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 39 Column 1 Item No. Column 2 Class of licence or individual quota unit Column 3 Levy 19 Port Phillip Bay (Mussel Bait) Fishery Access Licence 24 fee units 20 Purse Seine (Ocean) Fishery Access Licence 32⋅1 fee units 21 Rock Lobster Fishery (Eastern Zone) Access Licence 32⋅1 fee units 22 Rock Lobster Fishery (Western Zone) Access Licence 32⋅1 fee units 23 Scallop (Ocean) Fishery Access Licence 32∙1 fee units 24 Scallop Dive (Port Phillip Bay) Fishery Access Licence 32⋅1 fee units 25 Sea Urchin Fishery Access Licence 32·1 fee units 26 Snowy River (Bait) Fishery Access Licence 24 fee units 27 Sydenham Inlet (Bait) Fishery Access Licence 24 fee units 28 Trawl (Inshore) Fishery Access Licence 32⋅1 fee units 29 Western Port/Port Phillip Bay Fishery Access Licence 32⋅1 fee units 30 Wrasse (Ocean) Fishery Access Licence 32⋅1 fee units ═════════════ Authorised by the Chief Parliamentary Counsel Endnotes Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 40 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Fisheries (Fees, Royalties and Levies) Regulations 2017, S.R. No. 118/2017 were made on 22 November 2017 by the Governor in Council under sections 150, 151, 151A and 153 of the Fisheries Act 1995, No. 92/1995 and came into operation on 29 January 2018: regulation 3. The Fisheries (Fees, Royalties and Levies) Regulations 2017 will sunset 10 years after the day of making on 22 November 2027 (see section 5 of the Subordinate Legislation Act 1994). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). Authorised by the Chief Parliamentary Counsel Endnotes Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 41 • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel Endnotes Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 42 2 Table of Amendments There are no amendments made to the Fisheries (Fees, Royalties and Levies) Regulations 2017 by statutory rules, subordinate instruments and Acts. Authorised by the Chief Parliamentary Counsel Endnotes Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 43 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel Endnotes Fisheries (Fees, Royalties and Levies) Regulations 2017 S.R. No. 118/2017 44 4 Explanatory details 1 Reg. 5(2): S.R. No. 2/2009. Reprint No. 2 as at 1 July 2017. Reprinted to S.R. No. 58/2017. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2017 is $14.22. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.