1 Name of Regulations [see Note 1]
These Regulations are the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998.
2 Interpretation
(1) In these Regulations:
allocated fishing day, for a licence mentioned in regulation 3, means a day that is 1 of the total number of days on which the boat for which the licence was granted may be in the reporting area.
Levy Act means the Fisheries Levy Act 1984.
reporting area has the meaning given by Torres Strait Fisheries Management Notice No. 43.
TSF Act means the Torres Strait Fisheries Act 1984.
(2) Unless the contrary intention appears, a word or phrase that is used in these Regulations has the same meaning as in the Torres Strait Fisheries Regulations 1985.
3 Prescribed licences and units of fishing capacity
(1) For paragraphs 5 (d) and (f) of the Levy Act, licences of the kind to which this regulation applies are prescribed.
(2) This regulation applies to a licence that:
(a) is granted under subsection 19 (2) of the TSF Act; and
(b) includes a condition under subsection 22 (2) of the TSF Act that limits the number of days in a year that the boat for which the licence was granted may be in the reporting area.
(3) For paragraphs 5 (bc) and (bd) of the Levy Act, units of fishing capacity are prescribed.
4 Amount of levy
Licences — grant, renewal or variation
(1) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the grant of a licence mentioned in subregulations 3 (1) and (2) is $5 833.39 plus:
(a) if 1 or more units of fishing capacity have been allocated to the person to whom the licence is granted — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the person — $32.35 for each allocated fishing day.
(2) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the renewal of a licence mentioned in subregulations 3 (1) and (2) is $5 833.39 plus:
(a) if 1 or more units of fishing capacity have been allocated to the holder of the licence — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the holder — $32.35 for each allocated fishing day.
(3) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the variation of a licence mentioned in subregulations 3 (1) and (2) is:
(a) if 1 or more additional units of fishing capacity have been allocated to the holder of the licence — $32.35 for each additional allocated unit; or
(b) if nil additional units have been allocated to the holder — $32.35 for each additional allocated fishing day.
Units of fishing capacity — allocation or renewal of allocation
(4) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the allocation of a unit of fishing capacity mentioned in subregulation 3 (3) is:
(a) if 1 or more units have been allocated to the person — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the person — $32.35 for each allocated fishing day.
(5) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the renewal of the allocation of a unit of fishing capacity mentioned in subregulation 3 (3) is:
(a) if 1 or more units have been allocated to the holder — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the holder — $32.35 for each allocated fishing day.
Note 1 To identify by whom levy is payable, see section 7 of the Levy Act.
Note 2 Subsection 3 (2) of the Levy Act interprets references to ‘units of fishing capacity’.