Fisheries (Fees, Royalties and Levies) Amendment Regulations 2010

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Fisheries (Fees, Royalties and Levies) Amendment

Regulations 2010

S.R. No. 13/2010

TABLE OF PROVISIONS

Regulation Page

1 Objectives

2 Authorising provision

3 Principal Regulations

4 Replacement of references to peak bodies

5 New regulation 23A inserted

23A Use of levy for grants

6 Schedule 2 amended

7 Schedules 3 and 4 amended

8 Schedule 5 substituted

SCHEDULE 5—Levies for Individual Abalone Quota Units 3

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ENDNOTES 4

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2

2

3

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1

2

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STATUTORY RULES 2010

S.R. No. 13/2010

Fisheries Act 1995

Fisheries (Fees, Royalties and Levies) Amendment

Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 2 March 2010

Responsible Minister:

JOE HELPER

Minister for Agriculture

TOBY HALLIGAN

Clerk of the Executive Council

1 Objectives

The objectives of these Regulations are to amend the Fisheries (Fees, Royalties and Levies)

Regulations 2008—

(a) to reduce certain levies for scallop (ocean) fishery access licences and individual abalone quota units; and

(b) to replace references to peak bodies; and

(c) to prescribe further purposes for which levies may be used; and

(d) to prescribe classes of commercial fishery licence in respect of which grants may be made.

2 Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995 .

1

r. 3

Fisheries (Fees, Royalties and Levies) Amendment Regulations 2010

S.R. No. 13/2010

3 Principal Regulations

In these Regulations, the Fisheries (Fees,

Royalties and Levies) Regulations 2008 1 are called the Principal Regulations.

4 Replacement of references to peak bodies

(1) In regulations 17(2)(e), 18(2)(e) and 19(2)(e) of the Principal Regulations, for "funding peak bodies (if any)" substitute "making grants under section 151(5) of the Act".

(2) In regulation 20(e) of the Principal Regulations, for "funding peak bodies (if any)" substitute

"funding grants".

5 New regulation 23A inserted

After regulation 23 of the Principal Regulations insert

" 23A Use of levy for grants

(1) For the purposes of section 151(4)(e) of the

Act, a levy may be used for the purposes of—

(a) making a grant under section 151(5) of the Act; and

(b) making a grant, out of the proceeds of an individual abalone quota unit levy, to any person or body to which the individual abalone quota unit relates.

(2) For the purposes of section 151(5) of the

Act, the classes of licence referred to in regulations 17(1), 18(1) and 19(1) are prescribed.".

6 Schedule 2 amended

(1) In Schedule 2 to the Principal Regulations, in the heading to Column 7, for " Peak Body Levy " substitute " Grants Levy ".

2

"19

Fisheries (Fees, Royalties and Levies) Amendment Regulations 2010

S.R. No. 13/2010 r. 7

Scallop

(Ocean)

Fishery

Access

Licence

(2) For item 19 in Schedule 2 to the Principal

Regulations substitute

1∙6 fee units Nil 7∙3 fee units

1∙5 fee units

32∙1 fee units

7 Schedules 3 and 4 amended

In Schedules 3 and 4 to the Principal Regulations, in the heading to Column 7, for " Peak Body Levy " substitute " Grants Levy ".

8 Schedule 5 substituted

For Schedule 5 to the Principal Regulations substitute —

42∙5 fee units".

" SCHEDULE 5

Regulations 14, 20

LEVIES FOR INDIVIDUAL ABALONE QUOTA UNITS

Column 1

Item No.

1

2

3

Column 2

Class of

Individual

Abalone

Quota Unit

Individual abalone quota unit

(Western

Zone)

Individual abalone quota unit

(Central

Zone)

Individual abalone quota unit

(Eastern

Zone)

Column 3

Management

FMS

1

Levy

Column 4

Compliance

FMS

1

Levy

15∙7 fee units 16∙2 fee units

Column 5

Research

FMS 1

Levy

29∙1 fee units

Column 6

FRDC

Levy

8∙7 fee units

Column 7

Grants

Levy

31∙4 fee units

10∙0 fee units 16∙6 fee units

31∙7 fee units 36∙1 fee units

26∙8 fee units

28∙3 fee units

8∙7 fee units

8∙7 fee units

29∙3 fee units

4∙7 fee units

Column 8

TOTAL of

Columns 3 to 7

101∙1 fee units

91∙4 fee units

109∙5 fee units

Note 1: FMS means the fisheries management services provided by the Department.".

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3

Endnotes

Fisheries (Fees, Royalties and Levies) Amendment Regulations 2010

S.R. No. 13/2010

ENDNOTES

1 Reg. 3: S.R. No. 4/2008 as amended by S.R. Nos 92/2008, 2/2009 and

3/2009.

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