Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998

Statutory Rules 1998 No. 7 as amended

made under the

Fisheries Levy Act 1984

This compilation was prepared on 26 November 2011
taking into account amendments up to SLI 2011 No. 204

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Interpretation 

 3 Prescribed licences and units of fishing capacity 

 4 Amount of levy 

Notes   

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) to a person is $3 089.01 plus $21.50 for each unit of fishing capacity (if any) allocated to the person.

 (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) held by a person is $3 089.01 plus $21.50 for each unit of fishing capacity (if any) allocated to the person.

 (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) held by a person is $21.50 for each additional unit of fishing capacity allocated to the person.

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 $21.50 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) is $21.50 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’.

Notes to the Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998

Note 1

The Fisheries Levy (Torres Strait Prawn Fishery) Regulations 1998 (in force under the Fisheries Levy Act 1984) as shown in this compilation comprise Statutory Rules 1998 No. 7 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments