Fishing Levy Regulations 2003

Fishing Levy Regulations 2003 Statutory Rules 2003 No. 287 as amended made under the Fisheries Management Act 1991 and Fishing Levy Act 1991 This compilation was prepared on 30 April 2004 taking into account amendments up to SR 2004 No. 71 Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra Contents Page 2 Fishing Levy Regulations 2003 Contents Part 1 Preliminary 1.1 Name of Regulations [see Note 1] 6 1.2 Commencement [see Note 1] 6 1.3 Fishing Levy Regulations 2002 — repeal 6 1.4 Definitions 6 1.5 References to fisheries 7 Part 2 Bass Strait Scallop Fishery 2.1 Definition 9 2.2 Amount of levy 9 2.3 When levy must be paid 9 Part 3 Coral Sea Fishery 3.1 Definitions 10 3.2 Amount of levy 10 3.3 When levy must be paid 10 Part 4 East Coast Deepwater Zone Fishery 4.1 Definition 11 4.2 Amount of levy 11 4.3 When levy must be paid 11 Part 4A Eastern Skipjack Fishery 4A.1 Definition 12 4A.2 Amount of levy 12 4A.3 When levy must be paid 12 Part 5 Eastern Tuna and Billfish Fishery 5.1 Definitions 13 5.2 Amount of levy 13 5.3 When levy must be paid 13 Contents Page Fishing Levy Regulations 2003 3 Part 6 Gillnet, Hook and Trap Fishery 6.1 Definitions 15 6.2 Amount of levy 15 6.3 When levy must be paid 16 Part 7 Great Australian Bight Trawl Fishery 7.1 Definitions 17 7.2 Amount of levy 17 7.3 When levy must be paid 18 Part 8 Heard Island and McDonald Islands Fishery 8.1 Definition 19 8.2 Amount of levy 19 8.3 When levy must be paid 19 Part 9 Macquarie Island Fishery 9.1 Definition 20 9.2 Amount of levy 20 9.3 When levy must be paid 20 Part 10 Norfolk Island Offshore Demersal Finfish Fishery 10.1 Definition 21 10.2 Amount of levy 21 10.3 When levy must be paid 21 Part 11 Northern Prawn Fishery 11.1 Definition 22 11.2 Amount of levy 22 11.3 When levy must be paid 22 Part 12 North West Slope Fishery 12.1 Definition 23 12.2 Amount of levy 23 12.3 When levy must be paid 23 Contents Page 4 Fishing Levy Regulations 2003 Part 13 Small Pelagic Fishery 13.1 Definition 24 13.2 Amount of levy 24 13.3 When levy must be paid 24 Part 14 South East Trawl Fishery 14.1 Definitions 25 14.2 Amount of levy 25 14.3 When levy must be paid 26 Part 15 Southern Bluefin Tuna Fishery 15.1 Definition 28 15.2 Amount of levy 28 15.3 When levy must be paid 28 Part 16 Southern Squid Fishery 16.1 Definition 29 16.2 Amount of levy 29 16.3 When levy must be paid 29 Part 17 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery 17.1 Definitions 30 17.2 Amount of levy 30 17.3 When levy must be paid 31 Part 18 South Tasman Rise Fishery 18.1 Definition 32 18.2 Amount of levy 32 18.3 When levy must be paid 32 Part 19 Victorian Inshore Trawl Fishery 19.1 Definition 33 19.2 Amount of levy 33 19.3 When levy must be paid 35 Contents Page Fishing Levy Regulations 2003 5 Part 20 Western Deep Water Trawl Fishery 20.1 Definition 36 20.2 Amount of levy 36 20.3 When levy must be paid 36 Part 20A Western Skipjack Fishery 20A.1 Definition 37 20A.2 Amount of levy 37 20A.3 When levy must be paid 37 Part 21 Informally managed fisheries 21.1 Definition 38 21.2 Amount of levy 38 21.3 When levy must be paid 38 Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy 39 Schedule 2 Gillnet, Hook and Trap Fishery — amounts of levy 40 Part 1 Definition 40 1.1 Definition for Schedule 2 40 Part 2 Quota species 40 Part 3 Amounts of levy — quota species 41 Schedule 3 South East Trawl Fishery — amounts of levy 43 Part 1 Definition 43 1.1 Definition for Schedule 3 43 Part 2 Non-sector species 43 Part 3 Amounts of levy — non-sector species 44 Part 4 Amounts of levy — gemfish and orange roughy 46 4.1 Gemfish 46 4.2 Orange roughy 46 Notes 48 Part 1 Preliminary Regulation 1.1 6 Fishing Levy Regulations 2003 Part 1 Preliminary 1.1 Name of Regulations [see Note 1] These Regulations are the Fishing Levy Regulations 2003. 1.2 Commencement [see Note 1] These Regulations commence on gazettal. 1.3 Fishing Levy Regulations 2002 — repeal The following Statutory Rules are repealed: • 2002 No. 305 • 2003 No. 134. 1.4 Definitions (1) In these Regulations: AFMA means the Australian Fisheries Management Authority. holder, of a fishing concession, means the person to whom the concession was granted or, if the person has transferred the concession to someone else, the other person. informally managed fishery means a commercial fishing activity that is managed under the Management Act by AFMA but that is not: (a) a fishing activity to which a management plan applies; or (b) a fishing activity referred to in regulation 4B of the Management Regulations. invoice date, for levy, or an instalment of levy, payable for a fishing concession, means the date of issue mentioned on the invoice issued by AFMA for the levy or instalment. Levy Act means the Fishing Levy Act 1991. Management Act means the Fisheries Management Act 1991. Management Regulations means the Fisheries Management Regulations 1992. Preliminary Part 1 Regulation 1.5 Fishing Levy Regulations 2003 7 (2) Unless the contrary intention appears, a word or expression that is used in these Regulations and in the Management Regulations has the same meaning in these Regulations as it has in those Regulations. 1.5 References to fisheries A reference in these Regulations to a named fishery that is described by that name in regulation 4B of the Management Regulations, or in a plan of management made under section 17 of the Management Act, is a reference to the fishery as described in those Regulations or that plan. Note 1 The following fisheries are described in regulation 4B of the Management Regulations: (a) the Bass Strait Scallop Fishery; (b) the Coral Sea Fishery; (c) the East Coast Deepwater Zone Fishery; (ca) the Eastern Skipjack Fishery; (d) the Eastern Tuna and Billfish Fishery; (e) the Gillnet, Hook and Trap Fishery; (f) the Macquarie Island Fishery; (g) the Norfolk Island Offshore Demersal Finfish Fishery; (h) the North West Slope Fishery; (i) the Small Pelagic Fishery; (j) the South East Trawl Fishery; (k) the Southern Squid Fishery; (l) the Southern Tuna and Billfish Fishery; (m) the South Tasman Rise Fishery; (n) the Victorian Inshore Trawl Fishery; (o) the Western Deep Water Trawl Fishery; (oa) the Western Skipjack Fishery; (p) the Western Tuna and Billfish Fishery. Note 2 The following fisheries are described in plans of management under section 17 of the Management Act: (aa) the Bass Strait Central Zone Scallop Fishery — see the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S422 of 7 November 2002); (a) the Great Australian Bight Trawl Fishery — see the Great Australian Bight Trawl Fishery Management Plan (notified in Gazette No. S205 of 2 July 1993); Part 1 Preliminary Regulation 1.5 8 Fishing Levy Regulations 2003 (b) the Heard Island and McDonald Islands Fishery — see the Heard Island and McDonald Islands Fishery Management Plan 2002 (notified in Gazette No. GN 21 of 29 May 2002); (c) the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995 (notified in Gazette No. S49 of 10 February 1995); (d) the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995). Bass Strait Scallop Fishery Part 2 Regulation 2.3 Fishing Levy Regulations 2003 9 Part 2 Bass Strait Scallop Fishery 2.1 Definition In this Part: BSSF fishing permit means a fishing permit for the Bass Strait Scallop Fishery. 2.2 Amount of levy For section 6 of the Levy Act, for a BSSF fishing permit in force on or after 1 February 2004 and on or before 30 April 2004, the amount of levy is as follows: (a) if levy was paid in respect of the permit for the period 1 May 2003 to 31 January 2004 — $1 834, including a research component of $60; (b) if levy was paid in respect of the permit for the period 1 May 2002 to 31 March 2003 but not for the period mentioned in paragraph (a) — $3 441, including a research component of $120; (c) in any other case — $5 048, including a research component of $180. 2.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 2.2 must be paid on or before the later of: (a) 1 March 2004; and (b) 28 days after the invoice date for the levy. Part 3 Coral Sea Fishery Regulation 3.1 10 Fishing Levy Regulations 2003 Part 3 Coral Sea Fishery 3.1 Definitions In this Part: CSF fishing permit means a fishing permit for the Coral Sea Fishery. 3.2 Amount of levy For section 6 of the Levy Act, for a CSF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2004, the amount of levy is the sum of: (a) $1 718, which includes a research component of $104; and (b) an amount as follows: (i) for a permit to take fish for aquarium collection, $432; (ii) for a permit to take lobster or trochus, $1 049; (iii) for a permit that allows fishing by the line method, $5 192; (iv) for a permit that allows fishing by the trawl method, $9 137; (v) for a permit to take sea cucumber, $8 172. Note A CSF fishing permit contains conditions in relation to the method of fishing allowed when undertaking fishing for particular species in the Fishery. 3.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 3.2 must be paid on or before the later of: (a) 28 March 2004; and (b) 28 days after the invoice date for the levy. East Coast Deepwater Zone Fishery Part 4 Regulation 4.3 Fishing Levy Regulations 2003 11 Part 4 East Coast Deepwater Zone Fishery 4.1 Definition In this Part: ECDZF fishing permit means a fishing permit for the East Coast Deepwater Zone Fishery. 4.2 Amount of levy For section 6 of the Levy Act, for an ECDZF fishing permit that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is $2 266.94, including a research component of $57.94. 4.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 4.2 must be paid on or before the later of: (a) 29 January 2004; and (b) 28 days after the invoice date for the levy. Part 4A Eastern Skipjack Fishery Regulation 4A.1 12 Fishing Levy Regulations 2003 Part 4A Eastern Skipjack Fishery 4A.1 Definition In this Part: ESF fishing permit means a fishing permit for the Eastern Skipjack Fishery. 4A.2 Amount of levy For section 6 of the Levy Act, for an ESF fishing permit that is in force on or after 1 July 2003 and on or before 30 June 2004, the amount of levy is $3 185.85, including a research component of $191. 4A.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 4A.2 must be paid on or before the later of the following: (a) 31 May 2004; (b) 28 days after the invoice date for the levy. Eastern Tuna and Billfish Fishery Part 5 Regulation 5.3 Fishing Levy Regulations 2003 13 Part 5 Eastern Tuna and Billfish Fishery 5.1 Definitions In this Part: ETBF fishing permit means a fishing permit for the Eastern Tuna and Billfish Fishery. sector of the Fishery means a sector described in subregulation 4C (1) of the Management Regulations. 5.2 Amount of levy For section 6 of the Levy Act, for an ETBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2004, the amount of levy is: (a) if the permit authorises fishing in a single sector of the Fishery — the amount stated in Schedule 1 for the sector; or (b) if the permit authorises fishing in 2 or more sectors of the Fishery — the greater or greatest of the amounts of levy stated in Schedule 1 for the sectors. 5.3 When levy must be paid (1) For section 110 of the Management Act, for an ETBF fishing permit in force on 21 January 2004, the levy mentioned in regulation 5.2 must be paid as 1 amount, or in 2 equal instalments, as follows: (a) the whole amount, or the first instalment, must be paid on or before the later of: (i) 29 January 2004; and (ii) 28 days after the invoice date for the instalment; Part 5 Eastern Tuna and Billfish Fishery Regulation 5.3 14 Fishing Levy Regulations 2003 (b) the second instalment (if any) must be paid on or before the later of: (i) 10 April 2004; and (ii) 28 days after the invoice date for the instalment. (2) For section 110 of the Management Act, for an ETBF fishing permit in force on 10 April 2004, but not in force on 29 January 2004, the levy mentioned in regulation 5.2 must be paid on or before the later of: (a) 10 April 2004; and (b) 28 days after the invoice date for the levy. Gillnet, Hook and Trap Fishery Part 6 Regulation 6.2 Fishing Levy Regulations 2003 15 Part 6 Gillnet, Hook and Trap Fishery 6.1 Definitions In this Part: GHTF fishing permit means a fishing permit for the Gillnet, Hook and Trap Fishery. permit package means 2 or more GHTF fishing permits: (a) issued to the same person in relation to the same boat; and (b) having the same numeric identifier. quota species means a species of fish mentioned in Part 2 of Schedule 2. 6.2 Amount of levy (1) For section 6 of the Levy Act, for a GHTF fishing permit Class A, that allows the holder to fish for any species, and that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is: (a) $1 513.59, including a research component of $185.40; and (b) if the permit authorises fishing for a quota species — an amount determined by multiplying together: (i) the number of quota units for the species mentioned in the permit; and (ii) the amount mentioned in column 3 of Part 3 of Schedule 2 for that species. (2) However, for a permit package, only one of the GHTF fishing permits Class A included in the permit package is liable to the part of the levy imposed under paragraph (1) (a). (3) For section 6 of the Levy Act, for a GHTF fishing permit Class B that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of the levy is the amount obtained by multiplying together: (a) the number of quota units for the species mentioned in the permit; and Part 6 Gillnet, Hook and Trap Fishery Regulation 6.3 16 Fishing Levy Regulations 2003 (b) the amount mentioned in column 3 of Part 3 of Schedule 2 for that species. Note 1 A GHTF fishing permit Class B contains conditions that allow fishing only for quota species. Note 2 A GHTF fishing permit may contain a condition limiting the taking of gemfish to an eastern or western sector defined geographically. 6.3 When levy must be paid (1) For section 110 of the Management Act, for a GHTF fishing permit in force on or before 12 April 2004, the levy mentioned in regulation 6.2 must be paid as 1 amount, or in 2 equal instalments, as follows: (a) the total amount, or the first instalment, must be paid on or before the later of: (i) 29 January 2004; and (ii) 28 days after the invoice date for the instalment; (b) the second instalment (if any) must be paid on or before the later of: (i) 15 May 2004; and (ii) 28 days after the invoice date for the instalment. (2) For section 110 of the Management Act, the levy mentioned in regulation 6.2 for an GHTF fishing permit in force on or after 13 April 2004, but not in force on 12 April 2004, must be paid on or before the later of: (a) 15 May 2004; and (b) 28 days after the invoice date for the levy. Great Australian Bight Trawl Fishery Part 7 Regulation 7.2 Fishing Levy Regulations 2003 17 Part 7 Great Australian Bight Trawl Fishery 7.1 Definitions In this Part: elephant fish means fish of a species in any of the following families: (a) Callorhyncidae; (b) Chimaeridae (ghost sharks); (c) Rhinochimaeridae (spook fish). GABTF fishing permit means a fishing permit for the Great Australian Bight Trawl Fishery that authorises the holder to take gummy shark (Mustelus antarticus), school shark (Galeorhinus galeus), sawshark (Pristiophorus cirratus and Prisiophorus nudipinnis) or elephant fish. GABTF fishing right means a statutory fishing right for the Great Australian Bight Trawl Fishery. 7.2 Amount of levy (1) For section 6 of the Levy Act, for a GABTF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of: (a) 18.45 cents for each quota unit of school shark mentioned in the permit; and (b) 20.99 cents for each quota unit of gummy shark mentioned in the permit; and (c) 18.52 cents for each quota unit of sawshark mentioned in the permit; and (d) 4.45 cents for each quota unit of elephant fish mentioned in the permit. Part 7 Great Australian Bight Trawl Fishery Regulation 7.3 18 Fishing Levy Regulations 2003 (2) For section 6 of the Levy Act, for a GABTF fishing right in force on 1 January 2004 the amount of levy is $26 217.35. Note The research component to be collected from this fishery will be: (a) for each fishing permit — 1.17 cents for each quota unit of school shark, 1.12 cents for each quota unit of sawshark 1.33 cents for each quota unit of gummy shark and 0.28 of a cent for each quota unit of elephant fish family fish; and (b) for each fishing right — $1 660.59. 7.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 7.2 must be paid on or before the later of: (a) 8 March 2004; and (b) 28 days after the invoice date for the levy. Heard Island and McDonald Islands Fishery Part 8 Regulation 8.3 Fishing Levy Regulations 2003 19 Part 8 Heard Island and McDonald Islands Fishery 8.1 Definition In this Part: HIMI statutory fishing right means a statutory fishing right under the Heard Island and McDonald Islands Fishery Management Plan 2002, as in force from time to time. 8.2 Amount of levy For section 6 of the Levy Act, for a HIMI statutory fishing right in force on the commencement of these Regulations, the amount of levy is: (a) $6.96 for each statutory fishing right to take Patagonian toothfish (Dissostichus eleginoides), which includes a research component of 90 cents; and (b) $6.96 for each statutory fishing right to take mackerel icefish (Champsocephalus gunnari), which includes a research component of 90 cents. 8.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 8.2 must be paid on or before the later of: (a) 11 January 2004; and (b) 28 days after the invoice date for the levy. Part 9 Macquarie Island Fishery Regulation 9.1 20 Fishing Levy Regulations 2003 Part 9 Macquarie Island Fishery 9.1 Definition In this Part: MIF fishing permit means a fishing permit for the Macquarie Island Fishery. 9.2 Amount of levy For section 6 of the Levy Act, for an MIF fishing permit in force on or after the commencement of these Regulations and on or before 30 June 2004, the amount of levy is $112 475, including a research component of $383. 9.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 9.2 must be paid on or before the later of: (a) 28 days after the commencement of these Regulations; and (b) 28 days after the invoice date for the levy. Norfolk Island Offshore Demersal Finfish Fishery Part 10 Regulation 10.3 Fishing Levy Regulations 2003 21 Part 10 Norfolk Island Offshore Demersal Finfish Fishery 10.1 Definition In this Part: NIODFF fishing permit means a fishing permit for the Norfolk Island Offshore Demersal Finfish Fishery. 10.2 Amount of levy For section 6 of the Levy Act, for an NIODFF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is $9 798, including a research component of $60. 10.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 10.2 must be paid on or before the later of: (a) 28 March 2004; and (b) 28 days after the invoice date for the levy. Part 11 Northern Prawn Fishery Regulation 11.1 22 Fishing Levy Regulations 2003 Part 11 Northern Prawn Fishery 11.1 Definition In this Part: NPF fishing right means a gear statutory fishing right within the meaning of the Northern Prawn Fishery Management Plan 1995, as in force from time to time. 11.2 Amount of levy (1) For section 6 of the Levy Act, for an NPF fishing right in force on the day mentioned in subregulation (2), the amount of levy is $36.20, including a research component of $7.77. (2) For subregulation (1), the day is: (a) if these Regulations commence on or before 12 December 2003 — 12 December 2003; or (b) otherwise — the day these Regulations commence. 11.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 11.2 must be paid on or before the later of: (a) 30 January 2004; and (b) 28 days after the invoice date for the levy. North West Slope Fishery Part 12 Regulation 12.3 Fishing Levy Regulations 2003 23 Part 12 North West Slope Fishery 12.1 Definition In this Part: NWSF fishing permit means a fishing permit for the North West Slope Fishery. 12.2 Amount of levy For section 6 of the Levy Act, for an NWSF fishing permit that is in force on or after the commencement of this Part and on or before 30 June 2004, the amount of levy is $11 813.57, including a research component of $371.43. 12.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 12.2 must be paid on or before the later of: (a) 29 January 2004; or (b) 28 days after the invoice date for the levy. Part 13 Small Pelagic Fishery Regulation 13.1 24 Fishing Levy Regulations 2003 Part 13 Small Pelagic Fishery 13.1 Definition In this Part: SPF fishing permit means a fishing permit for the Small Pelagic Fishery. 13.2 Amount of levy (1) For section 6 of the Levy Act, for an SPF fishing permit in force on or after the commencement of this Part and on or before 30 June 2004, the amount of levy is $3 852. Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be $60 for each fishing permit. (2) Subregulation (1) does not apply to an SPF fishing permit (the first permit) that permits its holder to fish in Zone A of the Small Pelagic Fishery area if, when the permit was granted: (a) the holder also held an SPF fishing permit (the second permit) that permitted the holder to fish in Zone B, C or D of that area; and (b) the first and second permits apply to the same boat. 13.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 13.2 must be paid on or before the later of: (a) 29 April 2004; and (b) 28 days after the invoice date for the levy. South East Trawl Fishery Part 14 Regulation 14.2 Fishing Levy Regulations 2003 25 Part 14 South East Trawl Fishery 14.1 Definitions In this Part: gemfish means fish of the species Rexea solandri. non-sector species means a species of fish mentioned in Part 2 of Schedule 3. orange roughy means fish of the species Hoplostethus atlanticus. SETF fishing permit means a fishing permit for the South East Trawl Fishery. 14.2 Amount of levy For section 6 of the Levy Act, for an SETF fishing permit in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of: (a) for each non-sector species to which the permit relates — an amount determined by multiplying together: (i) the number of quota units for the species mentioned in the permit; and (ii) the amount mentioned in column 3 of Part 3 of Schedule 3 for that species; and (b) the total of: (i) if the permit authorises taking gemfish: (A) in the case of a permit that authorises taking gemfish in only 1 sector — the amount obtained by multiplying together: (I) the number of quota units for gemfish mentioned in the permit; and (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for gemfish in that sector; or Part 14 South East Trawl Fishery Regulation 14.3 26 Fishing Levy Regulations 2003 (B) in the case of a permit that authorises taking gemfish in both sectors — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (i) (A) for each sector; and (ii) if the permit authorises taking orange roughy: (A) in the case of a permit that authorises taking orange roughy in only 1 sector — the amount obtained by multiplying together: (I) the number of quota units for orange roughy mentioned in the permit; and (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for orange roughy in that sector; or (B) in the case of a permit that authorises taking orange roughy in more than 1 sector — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (ii) (A) for each sector. 14.3 When levy must be paid (1) For section 110 of the Management Act, for a SETF fishing permit in force on or before 12 April 2004, the levy mentioned in regulation 14.2 must be paid as 1 amount, or in 2 instalments, as follows: (a) the total amount, or an instalment of one-third of the total amount of the levy, must be paid on or before the later of: (i) 29 January 2004; and (ii) 28 days after the invoice date for the instalment; (b) the remainder (if any) must be paid on or before the later of: (i) 15 May 2004; and (ii) 28 days after the invoice date for the instalment. (2) For section 110 of the Management Act, for a SETF fishing permit in force on or after 13 April 2004, but not in force on 12 April 2004, the levy mentioned in regulation 14.2 must be paid on or before the later of: (a) 15 May 2004; and South East Trawl Fishery Part 14 Regulation 14.3 Fishing Levy Regulations 2003 27 (b) 28 days after the invoice date for the levy. Part 15 Southern Bluefin Tuna Fishery Regulation 15.1 28 Fishing Levy Regulations 2003 Part 15 Southern Bluefin Tuna Fishery 15.1 Definition In this Part: SBTF fishing right means a statutory fishing right described in clause 8 of the Southern Bluefin Tuna Fishery Management Plan 1995, as in force from time to time. 15.2 Amount of levy For section 6 of the Levy Act, for an SBTF fishing right in force on 15 January 2004, the amount of levy is 27.86 cents, including a research component of 3.325 cents. 15.3 When levy must be paid For section 110 of the Management Act, for an SBTF fishing right in force on the day mentioned in regulation 15.2, the levy mentioned in that regulation must be paid on or before the later of: (a) 12 February 2004; and (b) 28 days after the invoice date for the instalment. Southern Squid Fishery Part 16 Regulation 16.3 Fishing Levy Regulations 2003 29 Part 16 Southern Squid Fishery 16.1 Definition In this Part: SSF fishing permit means a fishing permit for the Southern Squid Fishery. 16.2 Amount of levy For section 6 of the Levy Act, for an SSF fishing permit that is in force on or after the commencement of these Regulations and on or before 31 August 2004, the amount of levy is $2 455, including a research component of $60. 16.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 16.2 must be paid on or before the later of: (a) 21 February 2004; and (b) 28 days after the invoice date for the levy. Part 17 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery Regulation 17.1 30 Fishing Levy Regulations 2003 Part 17 Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery 17.1 Definitions In this Part: SWTBF fishing permit means a fishing permit for the Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery. 17.2 Amount of levy For section 6 of the Levy Act, for an SWTBF fishing permit that is in force on or after the commencement of these Regulations and on or before 30 June 2004, the levy is: (a) if the permit authorises the use of a purse-seine fishing method — $9 031, including a research component of $568; or (b) if the permit authorises the use of a pelagic longline fishing method — $8 989, including a research component of $568; or (c) if the permit authorises the use of any other line fishing method — $6 355, including a research component of $568; or (d) if the permit authorises the use of more than 1 fishing method in a fishery — the greater or greatest of the amounts applicable to the permit under paragraphs (a), (b) and (c). Southern Tuna and Billfish Fishery and the Western Tuna and Billfish Fishery Part 17 Regulation 17.3 Fishing Levy Regulations 2003 31 17.3 When levy must be paid (1) Subject to subregulation (2), for section 110 of the Management Act, the levy mentioned in regulation 16.2 must be paid as 1 amount, or in 2 equal instalments, as follows: (a) the whole amount, or the first instalment, must be paid on or before the later of: (i) 17 January 2004; and (ii) 28 days after the invoice date for the instalment; (b) the second instalment (if any) must be paid on or before the later of: (i) 5 May 2004; and (ii) 28 days after the invoice date for the instalment. (2) For section 110 of the Management Act, in relation to a fishing permit to which this Part relates, in force on or after 13 April 2004 but not in force on 12 April 2004, the levy mentioned in regulation 17.2 must be paid on or before the later of: (a) 5 May 2004; and (b) 28 days after the invoice date for the levy. Part 18 South Tasman Rise Fishery Regulation 18.1 32 Fishing Levy Regulations 2003 Part 18 South Tasman Rise Fishery 18.1 Definition In this Part: STRF fishing permit means a fishing permit for the South Tasman Rise Fishery. 18.2 Amount of levy For section 6 of the Levy Act, for an STRF fishing permit that is in force on or after 1 March 2004 and on or before 28 February 2005, the levy is $2 236.50, including a research component of $220.21. 18.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 18.2 must be paid on or before the later of: (a) 31 March 2004; and (b) 28 days after the invoice date for the levy. Victorian Inshore Trawl Fishery Part 19 Regulation 19.2 Fishing Levy Regulations 2003 33 Part 19 Victorian Inshore Trawl Fishery 19.1 Definition In this Part: gemfish means fish of the species Rexea solandri. non-sector species means a species of fish mentioned in Part 2 of Schedule 3. orange roughy means fish of the species Hoplostethus atlanticus. quota species means a species of fish mentioned in Part 2 of Schedule 2. VITF fishing permit means a fishing permit for the Victorian Inshore Trawl Fishery. 19.2 Amount of levy (1) For section 6 of the Levy Act, for a VITF fishing permit Class A, that allows the holder to fish for any species, and that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of $377.49, including a research component of $23.03; and (a) for each non-sector species to which the permit relates — an amount determined by multiplying together: (i) the number of quota units for the species mentioned in the permit; and (ii) the amount mentioned in column 3 of Part 3 of Schedule 3 for that species; and Part 19 Victorian Inshore Trawl Fishery Regulation 19.2 34 Fishing Levy Regulations 2003 (b) the total of: (i) if the permit authorises taking gemfish: (A) in the case of a permit that authorises taking gemfish in only 1 sector — the amount obtained by multiplying together: (I) the number of quota units for gemfish mentioned in the permit; and (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for gemfish in that sector; or (B) in the case of a permit that authorises taking gemfish in both sectors — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (i) (A) for each sector; and (ii) if the permit authorises taking orange roughy: (A) in the case of a permit that authorises taking orange roughy in only 1 sector — the amount obtained by multiplying together: (I) the number of quota units for orange roughy mentioned in the permit; and (II) the amount mentioned in column 3 of Part 4 of Schedule 3 for orange roughy in that sector; or (B) in the case of a permit that authorises taking orange roughy in more than 1 sector — the sum of the amounts obtained by performing the calculation in sub-subparagraph (b) (ii) (A) for each sector. Victorian Inshore Trawl Fishery Part 19 Regulation 19.3 Fishing Levy Regulations 2003 35 (2) For section 6 of the Levy Act, for a VITF fishing permit Class B that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is the total of: (a) if the permit authorises taking gemfish: (i) in the case of a permit that authorises taking gemfish in only 1 sector — the amount obtained by multiplying together: (A) the number of quota units for gemfish mentioned in the permit; and (B) the amount mentioned in column 3 of Part 4 of Schedule 3 for gemfish in that sector; or (ii) in the case of a permit that authorises taking gemfish in both sectors — the sum of the amounts obtained by performing the calculation in subparagraph (a) (i) for each sector; and (b) if the permit authorises taking orange roughy: (i) in the case of a permit that authorises taking orange roughy in only 1 sector — the amount obtained by multiplying together: (A) the number of quota units for orange roughy mentioned in the permit; and (B) the amount mentioned in column 3 of Part 4 of Schedule 3 for orange roughy in that sector; or (ii) in the case of a permit that authorises taking orange roughy in more than 1 sector — the sum of the amounts obtained by performing the calculation in subparagraph (b) (i) for each sector. Note A VITF fishing permit Class B contains conditions that allow fishing only for quota species. 19.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 19.2 must be paid on or before the later of: (a) 29 January 2004; and (b) 28 days after the invoice date for the levy. Part 20 Western Deep Water Trawl Fishery Regulation 20.1 36 Fishing Levy Regulations 2003 Part 20 Western Deep Water Trawl Fishery 20.1 Definition In this Part: WDTF fishing permit means a fishing permit for the Western Deep Water Trawl Fishery. 20.2 Amount of levy For section 6 of the Levy Act, for a WDTF fishing permit that is in force on or after the commencement of this Part and on or before 30 June 2004, the amount of levy is $7 171.27, including a research component of $388.63. 20.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 20.2 must be paid on or before the later of: (a) 29 January 2004; or (b) 28 days after the invoice date for the levy. Western Skipjack Fishery Part 20A Regulation 20A.3 Fishing Levy Regulations 2003 37 Part 20A Western Skipjack Fishery 20A.1 Definition In this Part: WSF fishing permit means a fishing permit for the Western Skipjack Fishery. 20A.2 Amount of levy For section 6 of the Levy Act, for an ESF fishing permit that is in force on or after 1 July 2003 and on or before 30 June 2004, the amount of levy is $3 185.85, including a research component of $191. 20A.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 20A.2 must be paid on or before the later of the following: (a) 31 May 2004; (b) 28 days after the invoice date for the levy. Part 21 Informally managed fisheries Regulation 21.1 38 Fishing Levy Regulations 2003 Part 21 Informally managed fisheries 21.1 Definition In this Part: IMF permit means a fishing permit for an informally managed fishery. 21.2 Amount of levy (1) For section 6 of the Levy Act, for an IMF permit that is in force on or after 1 January 2004 and on or before 31 December 2004, the amount of levy is $1 000. (2) An IMF permit issued only to authorise testing of fishing equipment is not liable to levy under subregulation (1). 21.3 When levy must be paid For section 110 of the Management Act, the levy mentioned in regulation 21.2 must be paid on or before the later of: (a) 28 January 2004; and (b) 28 days after the invoice date for the levy. Eastern Tuna and Billfish Fishery — amounts of levy Schedule 1 Fishing Levy Regulations 2003 39 Schedule 1 Eastern Tuna and Billfish Fishery — amounts of levy (regulation 5.2) Item Sector Amount ($) 1 ML Sector 2 367 2 PL Sector 2 215 3 PLL (Sub-area 1) Sector 14 278 4 PLL (Sub-area 2) Sector 12 780 5 PLL (Sub-area 4) Sector 7 046 6 PLL (Sub-area 6) Sector 6 726 7 PLL (Sub-area 7) Sector 6 726 8 PLL (Sub-area 8) Sector 6 726 9 PLL (Sub-area 9) Sector 4 426 10 PLL (Sub-area 10) Sector 1 169 11 By-catch 1 169 Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows: Item Sector Amount ($) 1 for the ML Sector 580 2 for the PL Sector 428 3 for the PLL (Sub-area 1) Sector 607 4 for the PLL (Sub-area 2) Sector 607 5 for the PLL (Sub-area 4) Sector 607 6 for the PLL (Sub-area 6) Sector 607 7 for the PLL (Sub-area 7) Sector 607 8 for the PLL (Sub-area 8) Sector 607 9 for the PLL (Sub-area 9) Sector 0 10 for the PLL (Sub-area 10) Sector 607 11 for By-catch 607 Schedule 2 Gillnet, Hook and Trap Fishery — amounts of levy Part 1 Definition 40 Fishing Levy Regulations 2003 Schedule 2 Gillnet, Hook and Trap Fishery — amounts of levy (regulation 6.2) Part 1 Definition 1.1 Definition for Schedule 2 In this Schedule: elephant fish means fish of a species in any of the following families: (a) Callorhyncidae; (b) Chimaeridae (ghost sharks); (c) Rhinochimaeridae (spook fish). Part 2 Quota species Item Common name Scientific name 1 Blue eye trevalla Hyperoglyphe antarctica; Schedophilus labyrinthica 2 Blue grenadier Macruronus novazelandiae 3 Blue warehou Seriolella brama 4 Elephant fish 5 Flathead Neoplatycephalus aurimaculatus; Neoplatycephalus richardsoni; Platycephalus bassensis; Platycephalus caeruleopunctatus; Platycephalus speculator 6 Gemfish Eastern Sector Rexea solandri 7 Gemfish Western Sector Rexea solandri 8 Gummy shark Mustelus antarticus Gillnet, Hook and Trap Fishery — amounts of levy Schedule 2 Amounts of levy — quota species Part 3 Fishing Levy Regulations 2003 41 Item Common name Scientific name 9 Jackass morwong Nemadactylus macropterus 10 John dory Zeus faber 11 Mirror dory Zenopsis nebulosus 12 Ocean perch Helicolenus species 13 Pink ling Genypterus blacodes 14 Redfish Centroberyx affinis 15 Sawshark Pristiophorus cirratus; Pristiophorus nudipinnis 16 School shark Galeorhinus galeus 17 School whiting Sillago flindersi 18 Silver trevally Pseudocaranx dentex 19 Spotted warehou Seriolella punctata Part 3 Amounts of levy — quota species Item Species Amount for each quota unit mentioned in a fishing permit (cents) 1 Blue eye trevalla 53.5 2 Blue grenadier 9.0 3 Blue warehou 0.5 4 Elephant fish 4.5 5 Flathead 7.5 6 Gemfish (eastern sector) 14.0 7 Gemfish (western sector) 26.5 8 Gummy shark 30.5 9 Jackass morwong 12.5 10 John dory 10.5 11 Mirror dory 20.0 12 Ocean perch 20.0 Schedule 2 Gillnet, Hook and Trap Fishery — amounts of levy Part 3 Amounts of levy — quota species 42 Fishing Levy Regulations 2003 Item Species Amount for each quota unit mentioned in a fishing permit (cents) 13 Pink ling 78.0 14 Redfish 11.0 15 Sawshark 10.0 16 School shark 18.0 17 School whiting 0 18 Silver trevally 1.0 19 Spotted warehou 3.0 South East Trawl Fishery — amounts of levy Schedule 3 Non-sector species Part 2 Fishing Levy Regulations 2003 43 Schedule 3 South East Trawl Fishery — amounts of levy (regulations 14.1 and 14.2) Part 1 Definition 1.1 Definition for Schedule 3 In this Schedule: elephant fish has the same meaning as in Schedule 2. Part 2 Non-sector species Item Common name Scientific name 1 Blue eye trevalla Hyperoglyphe antarctica; Schedophilus labyrinthica 2 Blue grenadier Macruronus novazelandiae 3 Blue warehou Seriolella brama 4 Elephant fish 5 Flathead Neoplatycephalus aurimaculatus; Neoplatycephalus richardsoni; Platycephalus bassensis; Platycephalus caeruleopunctatus; Platycephalus speculator 6 Gummy shark Mustelus antarcticus 7 Jackass morwong Nemadactylus macropterus 8 John dory Zeus faber 9 Mirror dory Zenopsis nebulosus 10 Ocean perch Helicolenus species 11 Pink ling Genypterus blacodes Schedule 3 South East Trawl Fishery — amounts of levy Part 3 Amounts of levy — non-sector species 44 Fishing Levy Regulations 2003 Item Common name Scientific name 12 Redfish Centroberyx affinis 13 Royal red prawn Haliporoides sibogae 14 Sawshark Pristiophorus cirratus; Pristiophorus nudipinnis 15 School shark Galeorhinus galeus 16 School whiting Sillago flindersi 17 Silver trevally Pseudocaranx dentex 18 Spotted warehou Seriolella punctata Part 3 Amounts of levy — non-sector species Item Species Amount for each quota unit mentioned in a fishing permit (cents) 1 Blue eye trevalla 15.74 2 Blue grenadier 11.19 3 Blue warehou 2.51 4 Elephant fish 3.81 5 Flathead 11.97 6 Gummy shark 29.13 7 Jackass morwong 4.27 8 John dory 16.27 9 Mirror dory 5.08 10 Ocean perch 10.38 11 Pink ling 27.66 12 Redfish 8.33 13 Royal red prawn 8.08 14 Sawshark 12.39 15 School shark 44.38 16 School whiting 2.29 South East Trawl Fishery — amounts of levy Schedule 3 Amounts of levy — non-sector species Part 3 Fishing Levy Regulations 2003 45 Item Species Amount for each quota unit mentioned in a fishing permit (cents) 17 Silver trevally 2.74 18 Spotted warehou 20.53 Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows: Item Species Research component for each quota unit mentioned in a fishing permit (cents) 1 Blue eye trevalla 1.16 2 Blue grenadier 0.82 3 Blue warehou 0.18 4 Elephant fish 0.28 5 Flathead 0.88 6 Gummy shark 2.14 7 Jackass morwong 0.31 8 John dory 1.20 9 Mirror dory 0.37 10 Ocean perch 0.76 11 Pink ling 2.03 12 Redfish 0.61 13 Royal red prawn 0.59 14 Sawshark 0.91 15 School shark 3.26 16 School whiting 0.17 17 Silver trevally 0.20 18 Spotted warehou 1.51 Schedule 3 South East Trawl Fishery — amounts of levy Part 4 Amounts of levy — gemfish and orange roughy 46 Fishing Levy Regulations 2003 Part 4 Amounts of levy — gemfish and orange roughy 4.1 Gemfish Item Sector Amount for each quota unit mentioned in a fishing permit (cents) 1 Eastern 4.41 2 Western 12.27 Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows: Item Sector Amount for each quota unit mentioned in a fishing permit (cents) 1 Eastern 0.41 2 Western 0.90 4.2 Orange roughy Item Sector Amount for each quota unit mentioned in a fishing permit (cents) 1 Eastern 3.32 2 Southern 0.47 3 Western 2.35 4 Cascade 20.13 Note The proportion of the total levy that is the research component for the purposes of the Primary Industries and Energy Research and Development Act 1989 will be specified in the Fisheries Research and Development Corporation Regulations 1991. It is intended that the part of the total research component to be collected from this fishery will be as follows: Item Sector Amount for each quota unit mentioned in a fishing permit (cents) 1 Eastern 0.24 South East Trawl Fishery — amounts of levy Schedule 3 Amounts of levy — gemfish and orange roughy Part 4 Fishing Levy Regulations 2003 47 Item Sector Amount for each quota unit mentioned in a fishing permit (cents) 2 Southern 0.03 3 Western 0.17 4 Cascade 1.14 Notes to the Fishing Levy Regulations 2003 Table of Statutory Rules 48 Fishing Levy Regulations 2003 Notes to the Fishing Levy Regulations 2003 Note 1 The Fishing Levy Regulations 2003 (in force under the Fisheries Management Act 1991 and Fishing Levy Act 1991) as shown in this compilation comprise Statutory Rules 2003 No. 287 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date of notification in Gazette Date of commencement Application, saving or transitional provisions 2003 No. 287 27 Nov 2003 27 Nov 2003 2004 No. 71 30 Apr 2004 30 Apr 2004 — Notes to the Fishing Levy Regulations 2003 Table of Amendments Fishing Levy Regulations 2003 49 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Part 1 Note 1 to r. 1.5 .................... am. 2004 No. 71 Note 2 to r. 1.5 .................... am. 2004 No. 71 Part 4A Part 4A ................................ ad. 2004 No. 71 R. 4A.1 ................................ ad. 2004 No. 71 R. 4A.2 ................................ ad. 2004 No. 71 R. 4A.3 ................................ ad. 2004 No. 71 Part 20A Part 20A .............................. ad. 2004 No. 71 R. 20A.1 .............................. ad. 2004 No. 71 R. 20A.2 .............................. ad. 2004 No. 71 R. 20A.3 .............................. ad. 2004 No. 71