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Fishing Levy Regulation 2012

Authoritative Version
SLI 2012 No. 272 Regulations as made
This regulation repeals the Fishing Levy Regulations 2011 and replaces them with updated provisions. The regulation sets the amounts of levy payable on fishing concessions and the timeframes for when those amounts of levy are due and payable for the 2012–13 financial year.
Administered by: Agriculture
Registered 12 Dec 2012
Tabling HistoryDate
Tabled HR05-Feb-2013
Tabled Senate05-Feb-2013
Date of repeal 18 Dec 2013
Repealed by Fishing Levy Regulation 2013
Table of contents.
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Collapse TextText
Collapse Part 1 Preliminary
Part 1 Preliminary
1.1 Name of regulation
1.2 Commencement
1.3 Repeal
1.4 Interpretation
1.5 References to fisheries
Expand Part 2 Bass Strait Central Zone Scallop Fishery
Part 2 Bass Strait Central Zone Scallop Fishery
Expand Part 3 Coral Sea Fishery
Part 3 Coral Sea Fishery
Expand Part 4 Eastern Skipjack Fishery
Part 4 Eastern Skipjack Fishery
Expand Part 5 Eastern Tuna and Billfish Fishery
Part 5 Eastern Tuna and Billfish Fishery
Expand Part 6 Heard Island and McDonald Islands Fishery
Part 6 Heard Island and McDonald Islands Fishery
Expand Part 7 Macquarie Island Toothfish Fishery
Part 7 Macquarie Island Toothfish Fishery
Expand Part 8 Northern Prawn Fishery
Part 8 Northern Prawn Fishery
Expand Part 9 North West Slope Trawl Fishery
Part 9 North West Slope Trawl Fishery
Expand Part 10 Small Pelagic Fishery
Part 10 Small Pelagic Fishery
Expand Part 11 Southern and Eastern Scalefish and Shark Fishery
Part 11 Southern and Eastern Scalefish and Shark Fishery
Expand Part 12 Southern Bluefin Tuna Fishery
Part 12 Southern Bluefin Tuna Fishery
Expand Part 13 Southern Squid Jig Fishery
Part 13 Southern Squid Jig Fishery
Expand Part 14 Western Deepwater Trawl Fishery
Part 14 Western Deepwater Trawl Fishery
Expand Part 15 Western Skipjack Fishery
Part 15 Western Skipjack Fishery
Expand Part 16 Western Tuna and Billfish Fishery
Part 16 Western Tuna and Billfish Fishery

Commonwealth Coat of Arms

Fishing Levy Regulation 20121

Select Legislative Instrument 2012 No. 272

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.

Dated 6 December2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PETER DOUGLAS SIDEBOTTOM


Contents

Part 1                          Preliminary

                      1.1      Name of regulation                                                          5

                      1.2      Commencement                                                              5

                      1.3      Repeal                                                                            5

                      1.4      Interpretation                                                                   5

                      1.5      References to fisheries                                                    6

Part 2                          Bass Strait Central Zone Scallop Fishery

                      2.1      Definitions                                                                      7

                      2.2      Amount of levy                                                               7

                      2.3      When levy must be paid                                                  7

Part 3                          Coral Sea Fishery

                      3.1      Definitions                                                                      9

                      3.2      Amount of levy                                                               9

                      3.3      When levy must be paid                                                  9

Part 4                          Eastern Skipjack Fishery

                      4.1      Definitions                                                                    11

                      4.2      Amount of levy                                                             11

                      4.3      When levy must be paid                                                11

Part 5                          Eastern Tuna and Billfish Fishery

                      5.1      Definitions                                                                    13

                      5.2      Amount of levy                                                             14

                      5.3      When levy must be paid                                                15

Part 6                          Heard Island and McDonald Islands Fishery

                      6.1      Definitions                                                                    17

                      6.2      Amount of levy                                                             17

                      6.3      When levy must be paid                                                17

Part 7                          Macquarie Island Toothfish Fishery

                      7.1      Definitions                                                                    19

                      7.2      Amount of levy                                                             19

                      7.3      When levy must be paid                                                19

Part 8                          Northern Prawn Fishery

                      8.1      Definitions                                                                    21

                      8.2      Amount of levy                                                             21

                      8.3      When levy must be paid                                                21

Part 9                          North West Slope Trawl Fishery

                      9.1      Definitions                                                                    23

                      9.2      Amount of levy                                                             23

                      9.3      When levy must be paid                                                23

Part 10                       Small Pelagic Fishery

                    10.1      Definitions                                                                    25

                    10.2      Amount of levy—leviable SPF SFR                                26

                    10.3      When levy must be paid—leviable SPF SFR                   27

Part 11                       Southern and Eastern Scalefish and Shark Fishery

                    11.1      Definitions                                                                    29

                    11.2      Amount of levy—fishing permits                                    32

                    11.3      Amount of levy—SFR                                                    33

                    11.4      When levy must be paid                                                35

Part 12                       Southern Bluefin Tuna Fishery

                    12.1      Definitions                                                                    37

                    12.2      Amount of levy                                                             37

                    12.3      When levy must be paid                                                37

Part 13                       Southern Squid Jig Fishery

                    13.1      Definitions                                                                    39

                    13.2      Amount of levy                                                             39

                    13.3      When levy must be paid                                                39

Part 14                       Western Deepwater Trawl Fishery

                    14.1      Definitions                                                                    41

                    14.2      Amount of levy                                                             41

                    14.3      When levy must be paid                                                41

Part 15                       Western Skipjack Fishery

                    15.1      Definitions                                                                    43

                    15.2      Amount of levy                                                             43

                    15.3      When levy must be paid                                                43

Part 16                       Western Tuna and Billfish Fishery

                    16.1      Definitions                                                                    45

                    16.2      Amount of levy                                                             46

                    16.3      When levy must be paid                                                46

 

 


Part 1                 Preliminary

  

1.1           Name of regulation

                This regulation is the Fishing Levy Regulation 2012.

1.2           Commencement

                This regulation commences on the day after it is registered.

1.3           Repeal

                The Fishing Levy Regulations 2011 (Select Legislative Instrument 2011 No. 241) are repealed.

1.4           Interpretation

         (1)   In this regulation:

AFMA means the Australian Fisheries Management Authority.

Levy Act means the Fishing Levy Act 1991.

Management Act means the Fisheries Management Act 1991.

Management Regulations means the Fisheries Management Regulations 1992.

SFR means a statutory fishing right.

Note   Several words and expressions used in this regulation have the meaning given by the Management Act, for example:

·      fishing permit

·      statutory fishing right.

        (2)   Unless the contrary intention appears, an expression that is used in this regulation and in the Management Regulations has the same meaning in this regulation as it has in the Management Regulations.

        (3)   Unless the contrary intention appears, an expression that is used in this regulation in relation to a fishery for which there is a plan of management determined under section 17 of the Management Act, and that is also used in that plan, has the same meaning in this regulation as it has in the plan.

1.5           References to fisheries

                A reference in this regulation to the name of a fishery that is described by that name in regulation 4B of the Management Regulations or in a plan of management determined under section 17 of the Management Act is a reference to the fishery as described in those Regulations or that plan.

Note   The following fisheries are described in regulation 4B of the Management Regulations:

(a)   Coral Sea Fishery;

(b)   Eastern Skipjack Fishery;

(c)   North West Slope Trawl Fishery;

(d)   Western Deepwater Trawl Fishery;

(e)   Western Skipjack Fishery.

Part 2                 Bass Strait Central Zone Scallop Fishery

  

2.1           Definitions

                In this Part:

BSCZSF means the Bass Strait Central Zone Scallop Fishery.

leviable BSCZSF SFR means a commercial scallop quota statutory fishing right that is:

                (a)    granted under the Management Act for the BSCZSF; and

               (b)    in force on or after the commencement of this regulation.

2.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable BSCZSF SFR is $0.6451.

2.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable BSCZSF SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable BSCZSF SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable BSCZSF SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

 

Part 3                 Coral Sea Fishery

  

3.1           Definitions

                In this Part:

CSF means Coral Sea Fishery.

leviable CSF fishing permit means a fishing permit that is:

                (a)    granted under the Management Act for the CSF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

3.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable CSF fishing permit is the sum of:

                (a)    $3,085.08; and

               (b)    an amount for each sector of the CSF to which the permit relates, as set out in the table.

Item

For this sector ...

the amount is ...

1

Aquarium

$1,380.00

2

Lobster and trochus collection

$1,380.00

3

Demersal line and trap

$3,312.00

4

Demersal trawl and trap

$3,312.00

5

Sea cucumber hand collection

$1,380.00

3.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable CSF fishing permit, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable CSF fishing permit, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable CSF fishing permit, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 4                 Eastern Skipjack Fishery

  

4.1           Definitions

                In this Part:

ESF means Eastern Skipjack Fishery.

leviable ESF fishing permit means a fishing permit that is:

                (a)    granted under the Management Act for the ESF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

4.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable ESF fishing permit is $2,059.31.

4.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ESF fishing permit, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ESF fishing permit, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ESF fishing permit, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 5                 Eastern Tuna and Billfish Fishery

  

5.1           Definitions

                In this Part:

ETBF means Eastern Tuna and Billfish Fishery.

leviable ETBF Albacore Tuna SFR means a quota SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    authorises the holder to take Albacore Tuna; and

                (c)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable ETBF Bigeye Tuna SFR means a quota SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    authorises the holder to take Bigeye Tuna; and

                (c)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable ETBF Broadbill Swordfish SFR means a quota SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    authorises the holder to take Broadbill Swordfish; and

                (c)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable ETBF longline SFR means a longline SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable ETBF minor line SFR means a minor line SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable ETBF SFR means any of the following:

                (a)    a leviable ETBF Albacore Tuna SFR;

               (b)    a leviable ETBF Bigeye Tuna SFR;

                (c)    a leviable ETBF Broadbill Swordfish SFR;   

               (d)    a leviable ETBF longline boat SFR;

                (e)    a leviable ETBF minor line boat SFR;

                (f)    a leviable ETBF Striped Marlin SFR;

               (g)    a leviable ETBF Yellowfin Tuna SFR.

leviable ETBF Striped Marlin SFR means a quota SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    authorises the holder to take Striped Marlin; and

                (c)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable ETBF Yellowfin Tuna SFR means a quota SFR that is:

                (a)    granted under the Management Act for the ETBF; and

               (b)    authorises the holder to take Yellowfin Tuna; and

                (c)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2012. 

5.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy for a leviable ETBF SFR is the amount mentioned in the table for the SFR.

Item

For this SFR ...

the amount is ...

1

leviable ETBF Albacore Tuna SFR

$0.0659

2

leviable ETBF Bigeye Tuna SFR

$0.1812

3

leviable ETBF Broadbill Swordfish SFR

$0.2072

4

leviable ETBF longline boat SFR

$2,356.50

5

leviable ETBF minor line boat SFR

$1,053.99

6

leviable ETBF Striped Marlin SFR

$0.0508

7

leviable ETBF Yellowfin Tuna SFR

$0.5059

5.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ETBF SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ETBF SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable ETBF SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 6                 Heard Island and McDonald Islands Fishery

  

6.1           Definitions

                In this Part:

HIMI means Heard Island and McDonald Islands Fishery.

leviable HIMI SFR means a SFR that is:

                (a)    granted under the Management Act for the HIMI; and

               (b)    in force on or after the commencement of this regulation.

6.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable HIMI SFR is $17.37.

6.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable HIMI SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable HIMI SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable HIMI SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 7                 Macquarie Island Toothfish Fishery

  

7.1           Definitions

                In this Part:

leviable MITF SFR means a SFR that is:

                (a)    granted under the Management Act for the MITF; and

               (b)    in force on or after the commencement of this regulation.

MITF means Macquarie Island Toothfish Fishery.

7.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable MITF SFR is $13.26.

7.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable MITF SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable MITF SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable MITF SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 8                 Northern Prawn Fishery

  

8.1           Definitions

                In this Part:

leviable NPF gear SFR means a gear statutory fishing right that is:

                (a)    granted under the Management Act for the NPF; and

               (b)    in force on or after the commencement of this regulation.

NPF means Northern Prawn Fishery.

8.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NPF gear SFR is $74.94.

8.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NPF gear SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NPF gear SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NPF gear SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

         (3)   If the Northern Prawn Fishery Management Plan 1995 is to be revoked after the commencement of this regulation but before an instalment is due and payable under subsection (1):

                (a)    AFMA must, as soon as practicable before the plan is revoked, notify each holder of a leviable NPF gear SFR that the plan is to be revoked on a specified date; and

               (b)    the instalment is due and payable on the earlier of:

                          (i)    day before the specified date; and

                         (ii)    a date that applies to the instalment under subsection (2).

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 9                 North West Slope Trawl Fishery

  

9.1           Definitions

                In this Part:

leviable NWSTF fishing permit means a fishing permit that is:

                (a)    granted under the Management Act for the NWSTF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

NWSTF means North West Slope Trawl Fishery.

9.2           Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable NWSTF fishing permit is $22,318.00.

9.3           When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NWSTF fishing permit, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NWSTF fishing permit, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable NWSTF fishing permit, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 10               Small Pelagic Fishery

  

10.1        Definitions

                In this Part:

leviable SPF Australian Sardine quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Australian Sardine; and

                (c)    is in force on or after the commencement of this regulation.

leviable SPF Eastern sub-area Blue Mackerel quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Eastern sub-area Blue Mackerel; and

                (c)    is in force on or after the commencement of this regulation.

leviable SPF Eastern sub-area Jack Mackerel quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Eastern sub-area Jack Mackerel; and

                (c)    is in force on or after the commencement of this regulation.

leviable SPF Eastern sub-area Redbait quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Eastern sub-area Redbait; and

                (c)    is in force on or after the commencement of this regulation.

leviable SPF SFR means any of the following:

                (a)    a leviable SPF Australian Sardine quota SFR;

               (b)    a leviable SPF Eastern sub-area Blue Mackerel quota SFR;

                (c)    a leviable SPF Easter sub-area Jack Mackerel quota SFR;

               (d)    a leviable SPF Eastern sub-area Redbait quota SFR;

                (e)    a leviable SPF Western sub-area Blue Mackerel quota SFR;

                (f)    a leviable SPF Western sub-area Jack Mackerel quota SFR;

               (g)    a leviable SPF Western sub-area Redbait quota SFR.

leviable SPF Western sub-area Blue Mackerel quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Western sub-area Blue Mackerel; and

                (c)    is in force on or after the commencement of this regulation.

leviable SPF Western sub-area Jack Mackerel quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Western sub-area Jack Mackerel; and

                (c)    is in force on or after the commencement of this regulation.

leviable SPF Western sub-area Redbait quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the SPF; and

               (b)    authorises the holder to take Western sub-area Redbait; and

                (c)    is in force on or after the commencement of this regulation.

SPF means Small Pelagic Fishery.

10.2        Amount of levy—leviable SPF SFR

                For section 6 of the Levy Act, the prescribed amount of levy for a leviable SPF SFR is the amount mentioned in the table for the SFR.

Item

For this SFR ...

the amount is ...

1

leviable SPF Australian Sardine quota SFR

$0.0021

2

leviable SPF Eastern sub-area Blue Mackerel quota SFR

$0.0021

3

leviable SPF Eastern sub-area Jack Mackerel quota SFR

$0.0021

4

leviable SPF Eastern sub-area Redbait quota SFR

$0.0021

5

leviable SPF Western sub-area Blue Mackerel quota SFR

$0.0021

6

leviable SPF Western sub-area Jack Mackerel quota SFR

$0.0021

7

leviable SPF Western sub-area Redbait quota SFR

$0.0021

10.3        When levy must be paid—leviable SPF SFR

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SPF SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SPF SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SPF SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 11               Southern and Eastern Scalefish and Shark Fishery

  

11.1        Definitions

                In this Part:

ECDT sector means East Coast Deepwater Trawl sector.

GAB means Great Australian Bight.

GHT means Gillnet, Hook and Trap Sectors.

leviable SESS autolongline fishing permit means a fishing permit that:

                (a)    is granted under the Management Act for the SESSF; and

               (b)    authorises fishing with automatic baiting equipment in the Commonwealth Scalefish Hook Sector of the SESSF; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable SESSF ECDT fishing permit means a fishing permit that:

                (a)    is granted under the Management Act for the SESSF; and

               (b)    authorises fishing by trawling methods for the ECDT sector; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable SESSF fishing permit or SFR means any of the following:

                (a)    a leviable SESSF autolongline fishing permit;

               (b)    a leviable SESSF ECDT fishing permit;

                (c)    a leviable SESSF GAB trawl boat SFR;

               (d)    a leviable SESSF GHT fishing permit;

                (e)    a leviable SESSF GHT linked fishing permit;

                (f)    a leviable SESSF GHT trap fishing permit;

               (g)    a leviable SESSF gillnet boat SFR;

               (h)    a leviable SESSF Quota Holding fishing permit;

                (i)    a leviable SESSF scalefish hook boat SFR;

                (j)    a leviable SESSF shark hook boat SFR;

               (k)    a leviable SESSF trawl boat SFR;

                (l)    a leviable SESSF VCW fishing permit.

leviable SESSF GAB trawl boat SFR means a GAB trawl boat statutory fishing right that is in force on or after the commencement of this regulation.

leviable SESSF GHT fishing permit:

                (a)    means a fishing permit that:

                          (i)    is granted under the Management Act for:

                                   (A)     the South Australian Coastal Waters Sector of the SESSF; or

                                   (B)     the Tasmanian Coastal Waters Sector of the SESSF; or

                                   (C)     the Tasmanian Rock Lobster Sector of the SESSF; and

                         (ii)    authorises the taking of fish of one or more SESSF GHT quota species; and

                        (iii)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013; but

               (b)    does not include a fishing permit that is subject to a condition requiring the boat nominated for the permit to be the nominated boat for a boat SFR granted under the Plan.

Note   SESSF GHT fishing permits are granted under the Plan to replace OCS permits: see sections 39, 40 and 43 of the Plan.

leviable SESSF GHT linked fishing permit means a fishing permit that:

                (a)    is granted under the Management Act for:

                          (i)    the South Australian Coastal Waters Sector of the SESSF; or

                         (ii)    the Tasmanian Coastal Waters Sector of the SESSF; or

                        (iii)    the Tasmanian Rock Lobster Sector of the SESSF; and

               (b)    authorises the taking of fish of one or more SESSF GHT quota species; and

                (c)    includes a condition requiring the boat nominated for the permit to be the nominated boat for a boat SFR granted under the Plan; and

               (d)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

Note   SESSF GHT fishing permits are granted under the Plan to replace OCS permits: see sections 39, 40 and 43 of the Plan.

leviable SESSF GHT quota species means a species mentioned in column 2 of the table in subsection 11.3 (2).

leviable SESSF GHT trap fishing permit means a fishing permit that:

                (a)    is granted under the Management Act; and

               (b)    authorises fishing with fish traps in the Commonwealth Scalefish Hook Sector of the SESSF; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable SESSF gillnet boat SFR means a gillnet boat statutory fishing right that is in force on commencement of this regulation.

leviable SESSF Quota Holding fishing permit means a fishing permit that:

                (a)    is granted under the Management Act for the SESSF; and

               (b)    authorises the holder to take one or more SESSF quota species; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable SESSF quota SFR means a quota statutory fishing right that:

                (a)    authorises the holder to take a leviable SESSF quota species, or to take a leviable SESSF quota species in a particular sector or zone mentioned for the species in the table in subsection 11.3 (2); and

               (b)    is in force on or after the commencement of this regulation.

leviable SESSF scalefish hook boat SFR means a scalefish hook boat statutory fishing right that is in force on or after the commencement of this regulation.

leviable SESSF shark hook boat SFR means a shark hook boat statutory fishing right that is in force on or after the commencement of this regulation.

leviable SESSF trawl boat SFR means a trawl boat statutory fishing right that is in force on or after the commencement of this regulation.

leviable SESSF VCW fishing permit means a fishing permit that:

                (a)    is granted under the Management Act for the VCW of the SESSF; and

               (b)    authorises fishing by trawling methods; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

Plan means the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

SESSF means the Southern and Eastern Scalefish and Shark Fishery.

VCW means the Victorian Coastal Waters Sector of the SESSF.

11.2        Amount of levy—fishing permits

         (1)   For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the fishing permit mentioned in the item.

Item

For this fishing permit ...

the amount is ...

1

leviable SESSF autolongline fishing permit

$4,156.96

2

leviable SESSF ECDT fishing permit

$563.91

3

leviable SESSF GHT fishing permit

$1,349.66

4

leviable SESSF GHT linked fishing permit

$1,349.66

5

leviable SESSF GHT trap fishing permit

$1,299.05

6

leviable SESSF VCW fishing permit

$384.48

         (2)   For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF Quota Holding fishing permit is worked out by:

                (a)    multiplying the amount of levy in an item of the table by the number of quota units authorised to be taken by the permit for the section or zone in the item; and

               (b)    adding together the totals for each applicable item.

Item

Sector or zone

Amount of levy for each quota unit

1

Deepwater Shark East

$0.0523

2

Deepwater Shark West

$0.0627

3

Oreo

$0.0043

4

Ribaldo

$0.0659

5

Smooth Oreo (Cascade Plateau)

$0.0405

6

Smooth Oreo (other)

$0.0057

11.3        Amount of levy—SFR

         (1)   For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.

Item

For this SFR ...

the amount is ...

1

leviable SESSF GAB trawl boat SFR

$18,708.90

2

leviable SESSF gillnet boat SFR

$4,429.55

3

leviable SESSF scalefish hook boat SFR

$1,895.91

4

leviable SESSF shark hook boat SFR

$2,398.25

5

leviable SESSF trawl boat SFR

$9,318.84

         (2)   For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SESSF quota SFR that authorises the taking of a particular species, or a particular species in a particular sector or zone, is the amount mentioned in the table for that species, or that species in a sector or zone.

Item

Quota species

Sector or zone

Amount of levy

1

Alfonsino

 

$0.0024

2

Bight redfish

 

$0.0053

3

Blue eye trevalla

 

$0.5022

4

Blue grenadier

 

$0.1724

5

Blue warehou

 

$0.0240

6

Deepwater flathead

 

$0.0073

7

Elephantfish

 

$0.1752

8

Flathead

 

$0.1627

9

Gemfish

Eastern sector

$0.2449

10

Gemfish

Western sector

$0.1300

11

Gummy shark

 

$0.6611

12

Jackass morwong

 

$0.0847

13

John dory

 

$0.0519

14

Mirror dory

 

$0.2206

15

Ocean perch

 

$0.1226

16

Orange roughy

Albany and Esperance

$0.0052

17

Orange roughy

Cascade Plateau zone

$0.0554

18

Orange roughy

Eastern zone

$0.0008

19

Orange roughy

Southern zone

$0.0009

20

Orange roughy

Western zone

$0.0080

21

Pink ling

 

$0.4034

22

Redfish

 

$0.0495

23

Royal red prawn

 

$0.0392

24

Saw shark

 

$0.0978

25

School shark

 

$0.8283

26

School whiting

 

$0.0422

27

Silver trevally

 

$0.0884

28

Spotted warehou

 

$0.2069

11.4        When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SESSF fishing permit or SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 12               Southern Bluefin Tuna Fishery

  

12.1        Definitions

                In this Part:

leviable SBTF SFR means a SFR that is:

                (a)    granted under the Management Act for the SBTF; and

               (b)    described in section 8 of the Southern Bluefin Tuna Fishery Management Plan 1995; and

                (c)    in force on or after the commencement of this regulation.

SBTF means Southern Bluefin Tuna Fishery.

12.2        Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SBTF SFR is $0.3228.

12.3        When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SBTF SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SBTF SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SBTF SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 13               Southern Squid Jig Fishery

  

13.1        Definitions

                In this Part:

leviable SSJF gear SFR means a gear SFR that is:

                (a)    granted under the Management Act for the SSJF; and

               (b)    described in the Southern Squid Jig Fishery Management Plan 2005; and

                (c)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

SSJF means Southern Squid Jig Fishery.

13.2        Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable SSJF gear SFR is $21.2473.

13.3        When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SSJF gear SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SSJF gear SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable SSJF gear SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 14               Western Deepwater Trawl Fishery

  

14.1        Definitions

                In this Part:

leviable WDWTF fishing permit means a fishing permit that is:

                (a)    granted under the Management Act for the WDWTF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

WDWTF means Western Deepwater Trawl Fishery.

14.2        Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WDWTF fishing permit is $8,517.00.

14.3        When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDWTF fishing permit, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDWTF fishing permit, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDWTF fishing permit, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 15               Western Skipjack Fishery

  

15.1        Definitions

                In this Part:

leviable WSF fishing permit means a fishing permit that is:

                (a)    granted under the Management Act for the WSF; and

               (b)    in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

WSF means Western Skipjack Fishery.

15.2        Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy payable for a leviable WSF fishing permit is $2,059.31.

15.3        When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WSF fishing permit, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WSF fishing permit, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WDSF fishing permit, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.

Part 16               Western Tuna and Billfish Fishery

  

16.1        Definitions

                In this Part:

leviable WTBF Bigeye Tuna quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the WTBF; and

(b)    authorises the holder to take Bigeye Tuna; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable WTBF Boat SFR means a boat SFR that:

                (a)    is granted under the Management Act for the WTBF; and

               (b)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable WTBF Broadbill Swordfish quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the WTBF; and

(b)    authorises the holder to take Broadbill Swordfish; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable WTBF SFR means any of the following:

                (a)    a leviable WTBF Bigeye Tuna quota SFR;

               (b)    a leviable WTBF Boat SFR;

                (c)    a leviable WTBF Broadbill Swordfish quota SFR;

               (d)    a leviable WTBF Striped Marlin quota SFR;

                (e)    a leviable WTBF Yellowfin Tuna quota SFR.

leviable WTBF Striped Marlin quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the WTBF; and

(b)    authorises the holder to take Striped Marlin; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

leviable WTBF Yellowfin Tuna quota SFR means a quota SFR that:

                (a)    is granted under the Management Act for the WTBF; and

(b)    authorises the holder to take Yellowfin Tuna; and

                (c)    is in force at any time during the period starting on the commencement of this regulation and ending on 30 June 2013.

WTBF means the Western Tuna and Billfish Fishery.

16.2        Amount of levy

                For section 6 of the Levy Act, the prescribed amount of levy mentioned in an item in the table is payable for the SFR mentioned in the item.

Item

For this SFR ...

the amount is ...

1

leviable WTBF Bigeye Tuna quota SFR

$0.0407

2

leviable WTBF Boat SFR

$979.92

3

leviable WTBF Broadbill Swordfish quota SFR

$0.0407

4

leviable WTBF Striped Marlin quota SFR

$0.0407

5

leviable WTBF Yellowfin Tuna quota SFR

$0.0407

16.3        When levy must be paid

         (1)   For sections 110 and 111 of the Management Act, the levy amount must be paid as 3 equal instalments as follows:

                (a)    the first instalment is due and payable on 11 February 2013;

               (b)    the second instalment is due and payable on 8 April 2013;

                (c)    the third instalment is due and payable on 3 June 2013.

         (2)   However:

                (a)    if a dealing occurs on or after 14 January 2013 and before 11 February 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WTBF SFR, the first instalment becomes due and payable on the earlier of:

                          (i)    11 February 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

               (b)    if a dealing occurs on or after 11 March 2013 and before 8 April 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WTBF SFR, the second instalment becomes due and payable on the earlier of:

                          (i)    8 April 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act; and

                (c)    if a dealing occurs on or after 30 April 2013 and before 3 June 2013 that would, but for subsection 46 (2) of the Management Act, have the effect of transferring the leviable WTBF SFR, the third instalment becomes due and payable on the earlier of:

                          (i)    3 June 2013; and

                         (ii)    the day before the day an application is made to register the transfer under section 46 of the Management Act.

Note   Section 7 of the Levy Act provides that levy in respect of a fishing permit or SFR is payable by the person who is the holder of the fishing permit or SFR, at the time at which the levy is due and payable.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.