Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998

Statutory Rules No. 7, 1998

made under the

Fisheries Levy Act 1984

Compilation No. 16

Compilation date:                              2 December 2014

Includes amendments up to:            SLI No. 177, 2014

Registered:                                         5 December 2014

About this compilation

This compilation

This is a compilation of the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 that shows the text of the law as amended and in force on 2 December 2014 (the compilation date).

This compilation was prepared on 4 December 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Regulations........................................................................... 1

2............ Interpretation....................................................................................... 1

3............ Prescribed licences and units of fishing capacity................................. 1

4............ Amount of levy................................................................................... 2

Endnotes                                                                                                                                      3

Endnote 1—About the endnotes                                                                              3

Endnote 2—Abbreviation key                                                                                  4

Endnote 3—Legislation history                                                                               5

Endnote 4—Amendment history                                                                             6

1  Name of Regulations

                   These Regulations are the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998.

2  Interpretation

             (1)  In these Regulations:

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 fishing 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 permitted for the Torres Strait Prawn Fishery under the management plan in force for that fishery are prescribed.

4  Amount of levy

Licences—grant and renewal

             (1)  For subsection 6(1) of the Levy Act, the amount of levy imposed on the grant of a licence mentioned in subregulation 3(2) to a person is $3 573.12 plus $24.05 for each unit of fishing capacity mentioned in subregulation 3(3) allocated to the person in respect of the licence.

             (2)  For subsection 6(1) of the Levy Act, the amount of levy imposed on the renewal of a licence mentioned in subregulation 3(2) to a person is $3 573.12 plus $24.05 for each unit of fishing capacity mentioned in subregulation 3(3) to be held by the person in respect of the renewed licence.

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) (other than a unit of fishing capacity mentioned in subregulation 4(1) or (2)) is $24.05 for each unit of fishing capacity that is so allocated.

             (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) (other than a unit of fishing capacity mentioned in subregulation 4(1) or (2)) is $24.05 for each unit of fishing capacity that is so renewed.

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’.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history