Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

S.R. No. 5/2014

table of provisions

RegulationPage

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Principal Regulations

Part 2—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations2008

5New regulation 13A inserted

13APrescribed factors for fixing royalty rates

6Royalty for individual abalone quota unit

7Levies on access licences

8Levies on fish receiver licences

9Levies on aquaculture licences

10Levies on individual quota units

20Levies on individual quota units

11New regulations 20A and 20B inserted

20AResearch levy for Fisheries Research and
Development Corporation

20BLevy for making grants under section 151(5) of
the Act

12Substitution of regulation 21

21Levies must be paid by due date

13Manner in which and date by which levies payable

14Revocation of regulation 23A—Use of levy for grants

15New regulations 23B and 23C inserted

23BReduction or waiver of levies

23CRefund of grants levy

16Schedules 2, 3, 4 and 5 substituted and new Schedule 6
inserted

SCHEDULE 2—Levies for Access Licences

PART A—LEVIES FROM 1 APRIL 2014

PART B—LEVIES FROM 1 APRIL 2015

PART C—LEVIES FROM 1 APRIL 2016

SCHEDULE 3—Levies for Fish Receiver's Licences

PART A—LEVIES FROM 1 APRIL 2014

PART B—LEVIES FROM 1 APRIL 2015

PART C—LEVIES FROM 1 APRIL 2016

SCHEDULE 4—Levies for Aquaculture Licences

PART A—LEVIES FROM 1 APRIL 2014

PART B—LEVIES FROM 1 APRIL 2015

PART C—LEVIES FROM 1 APRIL 2016

SCHEDULE 5—Levies for Individual Quota Units

PART A—LEVIES FROM 1 APRIL 2014

PART B—LEVIES FROM 1 APRIL 2015

PART C—LEVIES FROM 1 APRIL 2016

SCHEDULE 6—Levies for Grants made Under Section151(5) of the Act

Part 3—Amendments to the Fisheries Regulations2009 and the Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations2013

17Levies and royalties in respect of individual quota units to be paid by due date

18Revocation

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ENDNOTES

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Part 2—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008

Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

S.R. No. 5/2014

statutory rules 2014

S.R. No. 5/2014

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Part 2—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008

Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

S.R. No. 5/2014

Fisheries Act 1995

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Part 2—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008

Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

S.R. No. 5/2014

Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

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Part 2—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008

Fisheries (Fees, Royalties and Levies) and Fisheries Amendment Regulations 2014

S.R. No. 5/2014

The Governor in Council makes the following Regulations:

Dated: 25 February 2014

Responsible Minister:

PETER WALSH

Minister for Agriculture and Food Security

Matthew mcbeath

Acting Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to amend the Fisheries (Fees, Royalties and Levies) Regulations 2008—

(i) to make changes to the levies for access licences, fish receiver licences, aquaculture licences and individual quota units; and

(ii)to change references from the Fisheries Management Services to the Fisheries Services; and

(iii)to provide for the reduction or waiver of certain levies by the Minister; and

(iv)to provide for the refund of levies imposed for the making of grants; and

(v)to provide a basis for calculating the levy for research provided by the Fisheries Research and Development Corporation in respect of commercial fishery licences and individual quota units; and

(vi)to provide a basis for calculating the levy for making a grant under section 151(5) of the Act; and

(vii)tomake other miscellaneous amendments; and

(b)to make consequential amendments to the Fisheries Regulations 2009 and the Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013.

2Authorising provisions

r. 2

These Regulations are made under sections 150,151A and 153 of the Fisheries Act 1995.

3Commencement

(1)This Part and regulation 15 come into operation on 1 March 2014.

(2)Regulation 18 comes into operation on 31 March 2014.

(3)The remaining provisions of these Regulations come into operation on 1 April 2014.

4Principal Regulations

In Part 2 of these Regulations, the Fisheries (Fees, Royalties and Levies) Regulations 2008[1] are called the Principal Regulations.

______

Part 2—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations2008

5New regulation 13A inserted

r. 5

In Division 2 of Part 2 before regulation 14 of the Principal Regulations insert—

"13A 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.".

6Royalty for individual abalone quota unit

In regulation 14 of the Principal Regulations—

(a)for"FMS" (where twice occurring) substitute"FS";

(b)for"Columns 3,4 and 5"substitute"Columns 3,4,5 and 6";

(c)forall the words and expressions following "FRDC" (where secondly occurring)substitute"is the amount of levy for research provided by the Fisheries Research and Development Corporation calculated under regulation 20A(1)(d) in respect of that class of individual abalone quota unit.".

7Levies on access licences

For regulation 17(2) of the Principal Regulations substitute—

"(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 2—

(a)the levy for management services (ifany) set out in Column 3 of that Table corresponding to that class of access licence;

(b)the levy for compliance services (ifany) 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 (ifany) set out in Column 6 of that Table corresponding to that class of access licence.

r. 7

(3)Despite the levies prescribed under subregulation (2)(a) to (d), if the averaged annual catch over the 3 licensing years preceding the licencing 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.

(4)In this regulation the reference to the Table in Schedule 2 is—

(a)for the licensing year commencing on 1April 2014, a reference to Part A of the Table in Schedule 2; and

(b)for the licensing year commencing on 1April 2015, a reference to Part B of the Table in Schedule 2; and

(c)forthe licensing year commencing on 1April 2016 and any subsequent licensing year,a reference to Part C of the Table in Schedule 2.".

8Levies on fish receiver licences

r. 8

For regulation 18(2) of the Principal Regulations substitute—

"(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 3—

(a)the levy for management services (ifany) set out in Column 3 of that Table corresponding to that class of licence;

(b)the levy for compliance services (ifany) 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 (ifany) set out in Column 6 of that Table corresponding to that class of licence.

(3)In this regulation the reference to the Table in Schedule 3 is—

(a)for the licensing year commencing on 1April 2014, a reference to Part A of the Table in Schedule 3; and

(b)for the licensing year commencing on 1April 2015, a reference to Part B of the Table in Schedule 3; and

(c)forthelicensing year commencing on 1April 2016 and any subsequent licensing year, a reference to Part C of the Table in Schedule 3.".

9Levies on aquaculture licences

r. 9

For regulation 19(2) of the Principal Regulations, substitute—

"(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 Schedule4—

(a)the levy for management services (ifany) set out in Column 3 of that Table corresponding to that class of licence;

(b)the levy for compliance services (ifany) 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 (ifany) 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 licensing years preceding the licencing 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.

(4)In this regulation the reference to the Table in Schedule 4 is—

(a)for the licensing year commencing on 1April 2014, a reference to Part A of the Table Schedule 4; and

(b)for the licensing year commencing on 1April 2015, a reference to Part B of the Table in Schedule 4; and

(c)forthe licensing year commencing on 1April 2016 and any subsequent licensing year, a reference to Part C of the Table in Schedule 4.".

10Levies on individual quota units

r. 10

For regulation 20 of the Principal Regulations substitute—

"20 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 classes of individual quota unit—

(a)individual giant crab quota unit (Western Zone);

(b)individual rock lobster quota unit (Western Zone);

(c)individual rock lobster quota unit (Eastern Zone);

(d)individualGreenlipabalone quota unit (Western Zone);

(e)individualBlacklipabalone quota unit (Western Zone);

(f)individualGreenlip abalone quota unit (Central Zone);

(g)individualBlacklip abalone quota unit (Central Zone);

(h)individualBlacklip abalone quota unit (Eastern 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 5—

(a)the levy for management services (ifany) set out in Column 3 of that Table corresponding to that class of individual quota unit;

r. 10

(b)the levy for compliance services (ifany) 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 (ifany) 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.

(3)In this regulation the reference to the Table in Schedule 5 is—

(a)for the licensing year commencing on 1April 2014, a reference to Part A of the Table in Schedule 5; and

(b)for the licensing year commencing on 1April 2015, a reference to Part B of the Table in Schedule 5; and

(c)forthe licensing year commencing on 1April 2016 and any subsequent licensing year, a reference to Part C of the Table in Schedule 5.".

11New regulations20A and 20B inserted

r. 11

After regulation 20 of the Principal Regulations insert—

"20A 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 provided by the Fisheries Research and Development Corporation—

(a)for each class of access licence prescribed in regulation 17(1)(a), (b) and(c), a levy calculated in accordance with the following formula—

(b)for each class oflicence prescribed in regulations 17(1)(g) to (x) and 19, a levy calculated in accordance with the following formula—

(c)foreach class of individual quota unit prescribed in regulation 20(1)(a), (b) and(c), a levy calculated in accordance with the following formula—

(d)for each class of individual abalone quota unit prescribed in regulation 20(1)(d) to(h), a levy calculated in accordance with the following formula—

(2)In this regulation—

A means the number of licences of the relevant class held in the relevant fishery zone;

r. 11

B means the number of licences of the relevant class held in the relevant fishery;

C means the number of individual quota units of the relevant class held in the relevant fishery zone;

D means the number of individual abalone quota units of the relevant class held in the relevant abalone fishery zone;

GVPf means the average weighted beach price per kilogram of fish landed from the relevant fishery or fishery zone over the preceding three licensing years multiplied by the average weight per year of fish in kilograms landed from the relevant fishery or fishery zone over the preceding three licensing years.

20BLevy for making grants under section 151(5) of the Act

For the purposes of section 151(1) of the Act the following levies areprescribed for the purposes of making grants under section 151(5) of the Act—

(a)for each class of licence set out in Column2 of the Table in Schedule 6—

(i) for the licensing year commencing on 1April 2014, the levy set out in Column3 of that Table corresponding to that class of licence; and

(ii)for the licensing year commencing on 1April 2015 and any subsequent licensing year,a levy calculated in accordance with the following formula for that class of licence—

where—

r. 11

base levy is the levy amount set out in Column 3 of the Table in Schedule 6 corresponding to that class of licence;

base number of licences is the number of licences of that class held at 1January 2014 as set out in Column 4 of that Table corresponding to that class of licence;

number of licences is the number of licences of that class of licence held at 1January preceding the licensing year in respect of which the levy is to be paid.

(b)for each class of individual quota unit set out in Column 2 of the Table in Schedule 6—

(i) for the licensing year commencing on 1April 2014, the levy set out in Column 3 of that Table corresponding to that class of individual quota unit; and

(ii)for the licensing year commencing on 1April 2015 and any subsequent licensing year,a levy calculated in accordance with the following formula for that class of individual quota unit—

where—

r. 11

base levy is the levy amount set out in Column 3 of the Table in Schedule 6 corresponding to that class of individual quota unit;

base number of individual quota units is the number of individual quota units of that classheld at 1January 2014 as set out in Column 4 of that Table corresponding to that class of individual quota unit;

number of individual quota units is the number of individual quota units of that class held at 1January preceding the licensing year in respect of which the levy is to be paid.".

12Substitution of regulation 21

r. 12

For regulation 21 of the Principal Regulations substitute—

"21 Levies must be paid by due date

The holder of an individual abalone quota unit, an individual giant crab quota unit or an individual rock lobster quota unit who is not the holder of a fishery access licence relating to the individual quota unit must pay to the Secretary the levies under regulations 20, 20A and 20B in respect of that quota unit by the date specified by the Secretary under regulation 23(2).".

13Manner in which and date by which levies payable

In regulation 23 of the Principal Regulations—

(a)insubregulation (1) for "20"substitute
"20, 20A, 20B";

(b)insubregulation (2) omit"abalone".

14Revocation of regulation 23A—Use of levy for grants

Regulation 23Aof the Principal Regulationsis revoked.

15New regulations 23B and 23Cinserted

After regulation 23A of the Principal Regulations insert—

"23B 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 17, 18, 19, 20 or 22 that is payable 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 only reduce or waive a levy imposed for services referred to in subregulation (1) in respect of any class of licence or individual quota unit, if the Minister is satisfied that the level of any one or more of those services provided in the licensing year prior to the licensing year in which the levy is payable, was at least 25% less than the level of that service on which the levy imposed in the prior licensing year was based.

23C Refund of grants levy

r. 15

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 paid the levy 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.".

16Schedules 2, 3, 4 and 5 substituted and new Schedule 6 inserted

r. 16

For Schedules 2, 3, 4 and 5 to the Principal Regulations substitute—

"SCHEDULE 2

Regulations 14 and 17

Levies for Access Licences

PART A—LEVIES FROM 1 APRIL 2014

r. 16