Fisheries (Fees and Levies) Regulations 2004
S.R. No. 22/2004
table of provisions
RegulationPage
RegulationPage
1.Objective
2.Authorising provision
3.Principal Regulations
4.Commencement
5.Definitions
6.New classes of access licences
7.Substitution of regulation 203
203.Classes of aquaculture licences
8.Substitution of regulation 204
204.Entitlements of Abalone Fishery (Western Zone)
Access licence
204A.Entitlements of Abalone Fishery (Central Zone)
Access licence
204B.Entitlements of Abalone Fishery (Eastern Zone)
Access licence
9.Entitlements of Giant Crab Fishery (Western Zone) Access Licence
10.Entitlements of Rock Lobster Fishery (Western Zone) Access Licence
11.Substitution of regulation 220A
220A.Entitlements of Rock Lobster Fishery (Eastern Zone) Access Licence
12.Classes of licences which are transferable
13.Classes of licences which may be held by a body corporate
14.Specified classes of licences
15.Prescribed classes of licences
16.Licence maximum numbers and reductions
17.Consequential amendment to regulation 336
18.Fishing boat registration fees increased
19.Application and transfer feescommercial fisheries licences
616.Transfer fees for commercial fisheries licences
20.Substitution of regulation 617
617.Levies on Commercial Fishery Licences
21.Increase in certain commercial fishery licence fees
22.Increase in aquaculture licence fees and levy
23.Increase in general permit levy for developing fisheries
(banded morwong)
24.Insertion of new regulation 617C
617C.Levy on general permits for jellyfish developing
fishery
25.Increase in individual quota units transfer fee
26.Increase in general permit fees
27.New regulation 713 inserted
713.Deemed entitlements to new classes of licences
28.Substitution of Schedule 12
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ENDNOTES
1
S.R. No. 22/2004
Fisheries (Fees and Levies) Regulations 2004
statutory rules 2004
S.R. No. 22/2004
1
S.R. No. 22/2004
Fisheries (Fees and Levies) Regulations 2004
Fisheries Act 1995
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S.R. No. 22/2004
Fisheries (Fees and Levies) Regulations 2004
Fisheries (Fees and Levies) Regulations 2004
1
S.R. No. 22/2004
Fisheries (Fees and Levies) Regulations 2004
The Governor in Council makes the following Regulations:
Dated: 16 March 2004
Responsible Minister:
BOB CAMERON
Minister for Agriculture
DIANE CASEY
Clerk of the Executive Council
1.Objective
The objective of these Regulations is to—
(a)make further provision in relation to classes of licences under the Fisheries Act 1995; and
(b)make further provision in relation to fees and levies under the Fisheries Act 1995; and
(c)make other minor amendments to the Fisheries Regulations 1998.
2.Authorising provision
These Regulations are made under sections 151 and 153 of the Fisheries Act 1995.
3.Principal Regulations
In these Regulations, the Fisheries Regulations 1998[1] are called the Principal Regulations.
4.Commencement
r. 4
These Regulations come into operation on 1 April 2004.
5.Definitions
In regulation 105(2) of the Principal Regulations insert the following definitions—
' "Abalone Fishery Access Licence" means an access licence of any one of the following classes created by regulation 201—
(a)Abalone Fishery (Western Zone) Access Licence;
(b)Abalone Fishery (Central Zone) Access Licence;
(c)Abalone Fishery (Eastern Zone) Access Licence;
"Aquaculture (Crown) Licence" means an aquaculture licence of any one of the following classes created by regulation203
(a)Aquaculture (Crown Land—Abalone) Licence;
(b)Aquaculture (Crown Land—Eels) Licence;
(c)Aquaculture (Crown Land) Licence;
(d)Aquaculture (Crown Land) Type A Licence;
"Aquaculture (Private Land) Licence" means an aquaculture licence of any one of the following classes created by regulation203
(a)Aquaculture (Private Land—Abalone) Licence;
(b)Aquaculture (Private Land—Eels) Licence;
(c)Aquaculture (Private Land—Marine) Licence;
(d)Aquaculture (Private Land—Ornamentals) Licence;
(e)Aquaculture (Private Land—Salmonids) Licence;
(f)Aquaculture (Private Land—Warm Water Finfish) Licence;
(g)Aquaculture (Private Land—Yabbies) Licence;
(h)Aquaculture (Private Land—Yabbies Multi-waters) Licence;
r. 5
"Giant Crab Fishery Access Licence" means an access licence of the class Giant Crab Fishery (Western Zone) Access Licence, created by regulation 201;
"Giant Crab Fishery (Western Zone)" means all Victorian waters specified in Column 4 of the Table following regulation 107 immediately opposite the words "Giant Crab" in Column 1 of that Table;
"Rock Lobster Fishery Access Licence" means an access licence of any one of the following classes created by regulation 201—
(a)Rock Lobster Fishery (Western Zone) Access Licence;
(b)Rock Lobster Fishery (Eastern Zone) Access Licence;'.
6.New classes of access licences
r. 6
(1)For regulation 201(1)(a) of the Principal Regulations substitute—
"(a)Abalone Fishery (Western Zone) Access Licence;
(b)Abalone Fishery (Central Zone) Access Licence;
(ba)Abalone Fishery (Eastern Zone) Access Licence;".
(2)For regulation 201(1)(fa) of the Principal Regulations substitute—
"(fa)Giant Crab Fishery (Western Zone) Access Licence;".
(3)For regulation 201(1)(n) of the Principal Regulations substitute—
"(n)Rock Lobster Fishery (Western Zone) Access Licence;
(na)Rock Lobster Fishery (Eastern Zone) Access Licence;".
7.Substitution of regulation 203
For regulation 203 of the Principal Regulations substitute—
"203.Classes of aquaculture licences
Under section 43 of the Act, the following classes of aquaculture licences are created—
(a)Aquaculture (Private Land—Abalone) Licence;
(b)Aquaculture (Private Land—Eels) Licence;
(c)Aquaculture (Private Land—Marine) Licence;
(d)Aquaculture (Private Land—Ornamentals) Licence;
(e)Aquaculture (Private Land—Salmonids) Licence;
(f)Aquaculture (Private Land—Warm Water Finfish) Licence;
(g)Aquaculture (Private Land—Yabbies) Licence;
(h)Aquaculture (Private Land—Yabbies Multi-waters) Licence;
(i)Aquaculture (Crown Land—Abalone) Licence;
(j)Aquaculture (Crown Land—Eels) Licence;
(k)Aquaculture (Crown Land) Licence;
(l)Aquaculture (Crown Land) Type A Licence.".
8.Substitution of regulation 204
r. 8
For regulation 204 of the Principal Regulations,substitute—
"204.Entitlements of Abalone Fishery (Western Zone) Access licence
An Abalone Fishery (Western Zone) Access Licence authorises the licence holder to—
(a)take abalone for sale; and
(b)use or possess commercial abalone equipment; and
(c)use the assistance of one or more people to carry out any activity authorised under the licence—
in the western abalone zone.
204A.Entitlements of Abalone Fishery (Central Zone) Access licence
An Abalone Fishery (Central Zone) Access Licence authorises the licence holder to—
(a)take abalone for sale; and
(b)use or possess commercial abalone equipment; and
(c)use the assistance of one or more people to carry out any activity authorised under the licence—
in the central abalone zone.
204B.Entitlements of Abalone Fishery (Eastern Zone) Access licence
An Abalone Fishery (Eastern Zone) Access Licence authorises the licence holder to—
(a)take abalone for sale; and
(b)use or possess commercial abalone equipment; and
(c)use the assistance of one or more people to carry out any activity authorised under the licence—
in the eastern abalone zone.".
9.Entitlements of Giant Crab Fishery (Western Zone) Access Licence
r. 9
(1)Insertthe following heading to regulation 209A of the Principal Regulations—
"Entitlements of Giant Crab Fishery (Western Zone) Access Licence".
(2)In regulation 209A of the Principal Regulations—
(a)for "A Giant Crab Fishery Access Licence" substitute "A Giant Crab Fishery (Western Zone) Access Licence";
(b)for "in the waters specified in the licence" substitute "in the waters of the Giant Crab Fishery (Western Zone)".
10.Entitlements of Rock Lobster Fishery (Western Zone) Access Licence
r. 10
(1)Insert the following heading to regulation 220 of the Principal Regulations—
"Entitlements of Rock Lobster Fishery (Western Zone) Access Licence".
(2)In regulation 220 of the Principal Regulations—
(a)for "A Rock Lobster Fishery Access Licence" substitute "A Rock Lobster Fishery (Western Zone) Access Licence";
(b)for "in the rock lobster zone or area specified in the licence" substitute "in the waters of the western rock lobster zone".
11.Substitution of regulation 220A
For regulation 220A of the Principal Regulations substitute—
"220A.Entitlements of Rock Lobster Fishery (Eastern Zone) Access Licence
A Rock Lobster Fishery (Eastern Zone) Access Licence authorises the licence holder to use a boat specified on the licence to—
(a)use the number of rock lobster pots specified in the licence; and
(b)take for sale rock lobster and fish (other than abalone, giant crab, jellyfish, scallop and sea urchin); and
(c)use the assistance of one or more people to carry out any activity authorised under the licence—
in the waters of the eastern rock lobster zone.".
12.Classes of licences which are transferable
r. 12
In regulation 232 of the Principal Regulations—
(a)in paragraph (a), before "Abalone" insert "every class of";
(b)in paragraph (ca), after "Giant Crab Fishery" insert "(Western Zone)";
(c)in paragraph (g), before "Rock Lobster" insert "every class of";
(d)in paragraphs (k) and (l), before "Aquaculture" insert "every class of".
13.Classes of licences which may be held by a body corporate
In regulation 233 of the Principal Regulations—
(a)in paragraph (a), before "Abalone" insert"every class of";
(b)in paragraph (b), after "Giant Crab Fishery" insert"(Western Zone)";
(c)in paragraph (d), before "Rock Lobster" insert "every class of";
(d)in paragraphs (o) and (p), before "Aquaculture" insert "every class of".
14.Specified classes of licences
(1)In regulation 234 of the Principal Regulations—
(a)in paragraph (a), before "Abalone" insert"every class of";
(b)in paragraph (c), after "Giant Crab Fishery" insert "(Western Zone)";
(c)in paragraph (h), before "Rock Lobster" insert"every class of".
(2)In regulation 235 of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)Abalone Fishery (Western Zone) Access Licence; and
(aa)Abalone Fishery (Central Zone) Access Licence; and
(ab)Abalone Fishery (Eastern Zone) Access Licence; and";
(b)for paragraph (ca) substitute—
r. 14
"(ca)Giant Crab Fishery (Western Zone) Access Licence; and";
(c)for paragraph (h) substitute—
"(h)Rock Lobster Fishery (Western Zone) Access Licence; and
(ha)Rock Lobster Fishery (Eastern Zone) Access Licence; and".
(3)In regulation 236 of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)Rock Lobster Fishery (Western Zone) Access Licence;
(aa)Rock Lobster Fishery (Eastern Zone) Access Licence;";
(b)for paragraph (ab) substitute—
"(ab)Giant Crab Fishery (Western Zone) Access Licence;".
15.Prescribed classes of licences
r. 15
In regulation 237 of the Principal Regulations, for paragraphs (a) to (c) substitute
"(a)every class of Aquaculture (Private Land) Licence;
(b)every class of Aquaculture (Crown) Licence.".
16.Licence maximum numbers and reductions
In the Table following regulation 238(2) of the Principal Regulations—
(a)for the item—
"Abalone Fishery Access Licence / 71"substitute
"Abalone Fishery (Western Zone) Access Licence /14
Abalone Fishery (Central Zone) Access Licence /
34
Abalone Fishery (Eastern Zone) Access Licence /
23";
(b)in Column 1, for "Giant Crab Fishery Access Licence" substitute "Giant Crab Fishery (Western Zone) Access Licence";
(c)for the item—
"Rock Lobster Fishery Access Licence /139"
substitute
"Rock Lobster Fishery (Western Zone) Access Licence /85
Rock Lobster Fishery (Eastern Zone) Access Licence /
52".
17.Consequential amendment to regulation 336
r. 17
In regulation 336(1) of the Principal Regulations for "The holder of an Aquaculture (Crown Land) Licence and the holder of an Aquaculture (Crown Land) Type A Licence are", substitute "The holder of an Aquaculture (Crown) licence is".
18.Fishing boat registration fees increased
In regulations 605(2), 605(3) and 611(2) of the Principal Regulations, for "$35" substitute "$36".
19.Application and transfer feescommercial fisheries licences
(1)Insert the following heading to regulation 613
"Application feescommercial fisheries licences".
(2)For regulation 613(1) of the Principal Regulations substitute—
"(1)The application fee for the issue of a commercial fishery licence or an aquaculture licence of the class specified in column 2 of Table A in Schedule 12 is the fee specified in column 3 of that Table opposite that class of licence.".
(3)For regulation 616 of the Principal Regulations substitute—
"616.Transfer fees for commercial fisheries licences
The fee for the transfer of a commercial fishery licence and an aquaculture licence of the class specified in column 2 of Table A in Schedule 12 is the fee specified in column 4 of that Table opposite that class of licence.".
20.Substitution of regulation 617
r. 20
For regulation 617 of the Principal Regulations substitute—
"617.Levies on Commercial Fishery Licences
(1)The holder of a commercial fishery licence that is of any one of the following classes—
(a)Giant Crab Fishery Access Licence;
(b)Rock Lobster Fishery Access Licence (Western Zone);
(c)Rock Lobster Fishery Access Licence (Eastern Zone)—
must pay to the Secretary—
(d)the levy for management specified in Column 2 of Table B of Schedule 12 opposite that class of licence; and
(e)the levy for compliance and research specified in Columns 3 and 4 of TableB of Schedule 12 opposite that class of licence; and
(f)the levy for the Fisheries Research Development Corporation specified in Column 5 of Table B of Schedule 12 opposite that class of licence; and
(g)the levy for funding peak bodies specified in Column 6 of Table B of Schedule 12 opposite that class of licence.
Penalty:20 Penalty units
(2)The holder of a commercial fishery licence or an aquaculture licence that is of a class specified in Column 1 of Table B of Schedule 12 (other than a class of licence to which sub-regulation (1) applies) must pay to the Secretary—
(a)the levy for management specified in Column 2 of that Table opposite that class of licence; and
(b)the levy for compliance specified in Column 3 of that Table opposite that class of licence; and
(c)the levy for research specified in Column 4 of that Table opposite that class of licence; and
(d)the levy for the Fisheries Research Development Corporation specified in Column 5 of that Table opposite that class of licence; and
(e)the levy for funding peak bodies specified in Column 6 of that Table opposite that class of licence.
Penalty:20 Penalty units.".
21.Increase in certain commercial fishery licence fees
r. 21
In regulations 614 and 624 of the Principal Regulations, for "$35" substitute "$36".
22.Increase in aquaculture licence fees and levy
In regulation 617A of the Principal Regulations—
(a)in sub-regulation (1), for "$1179" substitute "$1206";
(b)in sub-regulation (3), for "$185" substitute "$189";
(c)in sub-regulation (6), for "$929" (where twice occurring) substitute "$950".
23.Increase in general permit levy for developing fisheries (banded morwong)
r. 23
In regulation 617B of the Principal Regulations, for "$3247" substitute "$3320".
24.Insertion of new regulation 617C
After regulation 617B of the Principal Regulations insert—
"617C. Levy on general permits for jellyfish developing fishery
The holder of a general permit to take fish from the jellyfish developing fishery must pay the Secretary a levy of $10 000.
Penalty:20 penalty units.".
25.Increase in individual quota units transfer fee
In regulation 622 of the Principal Regulations—
(a)in paragraph (a) for "$185" substitute "$189";
(b)in paragraphs (b), (c) and (d), for "$35" substitute "$36".
26.Increase in general permit fees
In regulation 625 of the Principal Regulations—
(a)in sub-regulations (1) and (3), for "$103" substitute "$105";
(b)in sub-regulation (2), for "$272" substitute "$278".
27.New regulation 713 inserted
r. 27
After regulation 712 of the Principal Regulations insert
"713.Deemed entitlements to new classes of licences
(1)A person who, immediately before the commencement of regulation 6 of the Fisheries (Fees and Levies) Regulations 2004, held a licence of a class specified in Column 1 of Table A, that had an entitlement specified in Column 2 of that Table opposite that licence, is deemed to be, on and from the commencement of that regulation, the holder of the licence of the class specified in Column 3 of that Table that is set out opposite the licence in Column 1, and the licence which the person is deemed to hold is deemed
(a)to be due to be renewed on the day on which regulation 6 commences; and
(b)to remain in force, unless otherwise suspended, cancelled or surrendered until 31 March 2005.
Table A—Access Licences
Column 1 / Column 2 / Column 3Access Licence class / Entitlement on licence / New licence class
Abalone Fishery Access Licence / Western abalone zone / Abalone Fishery (Western Zone) Access Licence
Abalone Fishery Access Licence / Central abalone zone / Abalone Fishery (Central Zone) Access Licence
Abalone Fishery Access Licence / Eastern abalone zone / Abalone Fishery (Eastern Zone) Access Licence
Giant Crab Fishery Access Licence / Giant Crab to be taken from the Western Rock Lobster Zone / Giant Crab Fishery (Western Zone) Access Licence
Rock Lobster Fishery Access Licence / Western rock lobster zone / Rock Lobster Fishery (Western Zone) Access Licence
Rock Lobster Fishery Access Licence / Eastern rock lobster zone / Rock Lobster Fishery (Eastern Zone) Access Licence
(2)A person who, immediately before the commencement of regulation 7 of the Fisheries (Fees and Levies) Regulations 2004, held a licence of a class specified in Column 1 of Table B, that had an entitlement specified in Column 2 of that Table opposite that licence, is deemed to be, on and from the commencement of that regulation, the holder of a licence of the class specified in Column3 of that Table that is set out opposite the licence in Column 1 and that licence is deemed to continue in force, unless otherwise cancelled, suspended or surrendered until 31 October 2004.
r. 27
Table B—Aquaculture (Crown Land) Licences
Column 1 / Column 2 / Column 3Aquaculture Licence class / Entitlement on licence / New licence class
Aquaculture (Crown Land) Licence / If the species permitted to be kept on the licence is Abalone / Aquaculture (Crown Land—Abalone) Licence; or
Aquaculture (Crown Land) Licence / If the species permitted to be kept on the licence is Eel / Aquaculture (Crown Land—Eels) Licence
(3)A person who, immediately before the commencement of regulation 7 of the Fisheries (Fees and Levies) Regulations 2004, held a licence of a class specified in Column 1 of Table C, that had an entitlement specified in Column 2 of that Table opposite that licence, is deemed to be, on and from the commencement of that regulation, the holder of a licence of the class specified in Column3 of that Table that is set out opposite the licence in Column 1 and that licence is deemed to continue in force, unless otherwise cancelled, suspended or surrendered until 31 October 2004.
r. 27
Table C—Aquaculture (Private Land) Licences
Column 1 / Column 2 / Column 3Aquaculture Licence class / Entitlement on licence / New licence class
Aquaculture (Private Land) Licence / If the species permitted to be kept on the licence is Abalone / Aquaculture (Private Land—Abalone) Licence
Column 1 / Column 2 / Column 3
Aquaculture Licence class / Entitlement on licence / New licence class
Aquaculture (Private Land) Licence / If the species permitted to be kept on the licence is Eel / Aquaculture (Private Land—Eels) Licence
Aquaculture (Private Land) Licence / If the species permitted to be kept on the licence is a Marine species other than Abalone / Aquaculture (Private Land—Marine) Licence
Aquaculture (Private Land) Licence / If the species permitted to be kept on the licence is a species of ornamental fish / Aquaculture (Private Land—Ornamentals) Licence
Aquaculture (Private Land) Licence / If the species permitted to be kept on the licence is a species of salmonids / Aquaculture (Private Land—Salmonids) Licence
Aquaculture (Private Land) Licence / If the species permitted to be kept on the licence is a species of native warm water finfish, other than eels / Aquaculture (Private Land—Warm Water Finfish) Licence
r. 27