National Parks (Tour Operator Licence Fee) Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 2 PART 2—STANDARD LICENCE FEES 4 5 Application for standard licence 4 6 Annual licence fee for standard licence 4 7 Option to pay multi-year licence fees in lump sum from 1 July 2014 6 8 Use fee for a standard licence 6 9 Use fee cap 7 10 Payment of a use fee 7 11 Use fee form 8 PART 3—COMPETITIVELY ALLOCATED LICENCE FEES 9 12 Application of Part 9 13 Application for competitively allocated licence 9 14 Annual licence fees for competitively allocated licence 9 15 Use fee for a competitively allocated licence 10 16 Use fee form 11 PART 4—REDUCTION, REFUND AND WAIVER 12 17 Reduction, waiver or refund of licence fees 12 18 Fees cannot be waived, reduced or refunded in certain circumstances 13 19 Surrender of licence 14 -- 1 of 19 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 5—TRANSITIONAL PROVISIONS 15 20 Regulations do not apply to existing licences 15 __________________ SCHEDULE 16 Form 1—Tour Operator Trip Return 16 ═══════════════ ENDNOTES 17 -- 2 of 19 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 43/2011 National Parks Act 1975 National Parks (Tour Operator Licence Fee) Regulations 2011 The Governor in Council makes the following Regulations: Dated: 28 June 2011 Responsible Minister: RYAN SMITH Minister for Environment and Climate Change MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to prescribe the fees payable in respect of tour operator licences granted in respect of a park under the National Parks Act 1975; and (b) to provide for the reduction, waiver or refund of tour operator licence fees. 2 Authorising provision These Regulations are made under section 48AA of the National Parks Act 1975. 3 Commencement These Regulations come into operation on 1 July 2011. -- 3 of 19 -- Part 1—Preliminary National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 2 Authorised by the Chief Parliamentary Counsel 4 Definitions In these Regulations— child means— (a) a person under the age of 16; or (b) a person of compulsory school age who is educated at a school; competitively allocated licence means a tour operator licence granted to a person following a competitive licence application process; compulsory school age has the same meaning as it has in the Education and Training Reform Act 2006; Expression of Interest document means an invitation advertised to the public requesting persons interested in conducting organised tours or recreational activities for profit that are specified in the document to apply for a competitively allocated licence; school has the same meaning as it has in the Education and Training Reform Act 2006; standard licence means a tour operator licence granted to a person following a standard licence application process; the Act means the National Parks Act 1975; use fee means the fee payable by the holder of a tour operator licence calculated by the Secretary based on the number of individuals who, each day, enter a park as part of an organised tour or recreational activity for profit conducted by the holder of the tour operator licence; r. 4 -- 4 of 19 -- Part 1—Preliminary National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 3 Authorised by the Chief Parliamentary Counsel use fee cap means the maximum use fee specified in regulation 9. __________________ r. 4 -- 5 of 19 -- Part 2—Standard Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 4 Authorised by the Chief Parliamentary Counsel PART 2—STANDARD LICENCE FEES 5 Application for standard licence For the purposes of section 27E of the Act, an applicant for a standard licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 6 if granted that licence. 6 Annual licence fee for standard licence (1) For the purposes of section 27F of the Act, the holder of a standard licence granted for one year must pay an annual licence fee comprising— (a) a fee in accordance with subregulation (2); and (b) a use fee in accordance with regulation 8. (2) The holder of a standard licence granted for one year must pay a fee on the granting of the licence as follows— (a) for a licence granted in the financial year ending 30 June 2012 or 30 June 2013, a fee of $110; (b) for a licence granted in the financial year ending 30 June 2014, a fee of $255; (c) for a licence granted in the financial year ending 30 June 2015 or a subsequent financial year, a fee of 20·78 fee units. (3) For the purposes of section 27F of the Act, the holder of a standard licence granted for more than one year must pay an annual licence fee comprising— (a) the relevant fees in accordance with subregulation (4)(a) and (b); and (b) a use fee in accordance with regulation 8. r. 5 -- 6 of 19 -- Part 2—Standard Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 5 Authorised by the Chief Parliamentary Counsel (4) The holder of a standard licence granted for more than one year must pay a fee— (a) on the granting of the licence in respect of the first year of the licence— (i) of $110 if it is granted in the financial year ending 30 June 2012 or 30 June 2013; (ii) of $200 if it is granted in the financial year ending 30 June 2014; (iii) of 16·3 fee units if it is granted in the financial year ending 30 June 2015 or a subsequent financial year unless the holder of the licence elects to pay the part of the annual licence fee required by subregulation (3)(a) in a lump sum in accordance with regulation 7; and (b) for each year that the licence is in force for the duration of the licence other than the year the licence was granted— (i) of $110 in the financial year ending 30 June 2013; (ii) of $200 in the financial year ending 30 June 2014; (iii) of 16·3 fee units in the financial year ending 30 June 2015 and each subsequent financial year unless the holder of the licence elects to pay the balance of the part of the annual licence fee required by subregulation (3)(a) in accordance with regulation 7. r. 6 -- 7 of 19 -- Part 2—Standard Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 6 Authorised by the Chief Parliamentary Counsel 7 Option to pay multi-year licence fees in lump sum from 1 July 2014 The fees payable under regulation 6(4) for a standard licence granted for more than one year may, from 1 July 2014, be paid in a lump sum as follows— (a) if the licence is granted on or after 1 July 2014—the fee specified in regulation 6(4)(a)(iii) plus the fee specified in regulation 6(4)(b)(iii) in respect of each year the licence will be in force, payable in a lump sum on the grant of the licence; or (b) if the licence is in force on and after 1 July 2014—the fee specified in regulation 6(4)(b)(iii) in respect of each year the licence will be in force, payable in a lump sum by 30 June of the financial year. 8 Use fee for a standard licence (1) Subject to regulation 9, the use fee payable on a standard licence is comprised of the amount calculated by the Secretary under subregulations (2) and (3). (2) The use fee payable in respect of each person, who is not a child, for each day the person participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence is— (a) $1.10 in the financial year ending 30 June 2012 or 30 June 2013; (b) $2.40 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June. r. 7 -- 8 of 19 -- Part 2—Standard Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 7 Authorised by the Chief Parliamentary Counsel (3) The use fee payable in respect of each child, for each day the child participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence is— (a) $0.75 in the financial year ending 30 June 2012 or 30 June 2013; (b) $1.60 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June. 9 Use fee cap (1) If the use fees payable under regulation 8 by the holder of a standard licence at the end of each financial year exceed the amount of the use fee cap for that financial year as specified in subregulation (2), the holder of the licence is not liable to pay any use fees in excess of that amount. (2) The use fee cap for— (a) the financial year ending 30 June 2012 or 30 June 2013 is $5500; (b) the financial year ending 30 June 2014 is $12 500; (c) the financial year ending 30 June 2015, and each subsequent financial year ending 30 June, is 1018·74 fee units. 10 Payment of a use fee (1) The holder of a standard licence may pay the use fees payable under the licence— (a) quarterly; or (b) annually. (2) If the holder of a standard licence pays the use fees payable under the licence and that licence holder pays more than the use fee cap, at the end of the financial year, the licence holder is entitled r. 9 -- 9 of 19 -- Part 2—Standard Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 8 Authorised by the Chief Parliamentary Counsel to a refund for any amount paid in excess of the use fee cap. 11 Use fee form (1) The holder of a standard licence must maintain a record of the number of persons that participate in any organised tour or recreational activity for which the holder of the standard licence holds the licence. (2) A record referred to in subregulation (1) must— (a) be kept in respect of each day the organised tour or recreational activity is conducted; and (b) be in Form 1 in the Schedule; and (c) be provided to the Secretary on a quarterly or annual basis. __________________ r. 11 -- 10 of 19 -- Part 3—Competitively Allocated Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 9 Authorised by the Chief Parliamentary Counsel PART 3—COMPETITIVELY ALLOCATED LICENCE FEES 12 Application of Part This Part applies if the Secretary determines that it is necessary to limit the number of tour operator licences granted in respect of a park under the Act for all or any of the following— (a) environmental reasons; (b) cultural reasons; (c) to ensure public safety. 13 Application for competitively allocated licence For the purposes of section 27E of the Act, an applicant for a competitively allocated licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 14 if granted that licence. 14 Annual licence fees for competitively allocated licence (1) The annual licence fee for a competitively allocated licence comprises— (a) the fee fixed by the Secretary and set out in the relevant Expression of Interest document for that competitively allocated licence, having regard to any guidelines issued by the Minister; and (b) a use fee calculated in accordance with regulation 15. (2) The fee fixed by the Secretary or person authorised under subregulation (1)(a) must be a minimum of 20·78 fee units. r. 12 -- 11 of 19 -- Part 3—Competitively Allocated Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 10 Authorised by the Chief Parliamentary Counsel (3) The holder of a competitively allocated licence must pay the licence fee fixed under subregulation (1)(a)— (a) on the granting of the licence in respect of the first year of the licence, and by 30 June each year after for the duration of the licence; or (b) in a lump sum at the start of the licence period. 15 Use fee for a competitively allocated licence (1) The use fee payable on a competitively allocated licence is the amount calculated by the Secretary as follows— (a) in respect of each person, who is not a child, for each day the person participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence— (i) $1.10 in the financial year ending 30 June 2012 or 30 June 2013; (ii) $2.40 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June; (b) in respect of each child, for each day the child participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence— (i) $0.75 in the financial year ending 30 June 2012 or 30 June 2013; (ii) $1.60 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June. r. 15 -- 12 of 19 -- Part 3—Competitively Allocated Licence Fees National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 11 Authorised by the Chief Parliamentary Counsel (2) The holder of a competitively allocated licence may pay the use fee— (a) quarterly; or (b) annually. 16 Use fee form (1) The holder of a competitively allocated licence must maintain a record of the number of persons who participate in any organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence. (2) A record referred to in subregulation (1) must— (a) be kept in respect of each day the organised tour or recreational activity is conducted; and (b) be in Form 1 in the Schedule; and (c) be provided to the Secretary on a quarterly or annual basis. __________________ r. 16 -- 13 of 19 -- Part 4—Reduction, Refund and Waiver National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 12 Authorised by the Chief Parliamentary Counsel PART 4—REDUCTION, REFUND AND WAIVER 17 Reduction, waiver or refund of licence fees (1) The holder of a standard licence or the holder of a competitively allocated licence may apply to the Secretary for a fee payable under these Regulations— (a) to be waived in full or in part; or (b) to be reduced; or (c) to be refunded. (2) An application under subregulation (1) must be in writing. (3) Subject to regulation 18, the Secretary, on his or her own motion, or on application under subregulation (1) may— (a) waive, in full or in part, a fee payable under these Regulations; or (b) reduce a fee payable under these Regulations; or (c) refund a fee paid under these Regulations. (4) The Secretary must have regard to the following when making a decision under subregulation (3)— (a) whether payment of the fee would cause, or has caused, undue financial hardship to the holder of a licence; (b) whether payment of the fee by a holder of a licence would be manifestly unfair; (c) the impact a natural or unnatural event has had on the ability of a holder of a licence to continue to conduct organised tours or recreational tours in a park. r. 17 -- 14 of 19 -- Part 4—Reduction, Refund and Waiver National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 13 Authorised by the Chief Parliamentary Counsel 18 Fees cannot be waived, reduced or refunded in certain circumstances (1) The holder of a standard licence, or the holder of a competitively allocated licence, whose licence has been suspended under section 27J of the Act is not eligible to have— (a) outstanding fees payable under these Regulations waived; or (b) outstanding fees payable under these Regulations reduced; or (c) any fees paid under these Regulations refunded. (2) Subject to subregulation (3), a person who has had his or her licence cancelled under section 27L of the Act is not eligible to have— (a) outstanding fees payable under these Regulations waived; or (b) outstanding fees payable under these Regulations reduced; or (c) in the case of a licence granted for one year—any fees paid under these Regulations refunded; or (d) in the case of a licence granted for more than one year—any fees paid for any completed or commenced year of the licence refunded. (3) If a person who has had his or her licence cancelled under section 27L of the Act held that licence for a period greater than one year before that cancellation, that person remains eligible for a refund on a pro-rata basis of fees for a non-commenced year of the licence if that person paid the fees in advance. r. 18 -- 15 of 19 -- Part 4—Reduction, Refund and Waiver National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 14 Authorised by the Chief Parliamentary Counsel 19 Surrender of licence The Secretary may refund to a holder of a licence on a pro-rata basis for any non-commenced year of the licence any fees paid in advance under these Regulations if the holder of the licence surrenders the licence. __________________ r. 19 -- 16 of 19 -- Part 5—Transitional Provisions National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 15 Authorised by the Chief Parliamentary Counsel PART 5—TRANSITIONAL PROVISIONS 20 Regulations do not apply to existing licences These Regulations do not apply to a licence to enter a park as part of an organised tour or recreational activity for profit conducted by the holder of the licence if that licence was in force immediately before 1 July 2011 until that licence, as in force immediately before 1 July 2011, expires. __________________ r. 20 -- 17 of 19 -- National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 16 Authorised by the Chief Parliamentary Counsel SCHEDULE FORM 1 Regulations 11 and 16 TOUR OPERATOR TRIP RETURN Licence No.: Licence Holder: Date Location Activity No. of Adults x No. of days/ trip A x $XX = Total Total No. of students/ child x No. of days/ trip Total B x $XX = Total A + B totals = Cheque total Cheque amount: $ I certify that the records above are a true and correct account of all tours conducted on public land for the period: Please tick † 1 July–30 September † 1 January–31 March † 1 October–31 December † 1 April–30 June Address of land management agency: ═══════════════ Sch. -- 18 of 19 -- National Parks (Tour Operator Licence Fee) Regulations 2011 S.R. No. 43/2011 17 Authorised by the Chief Parliamentary Counsel ENDNOTES Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2011 is $12.22. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 19 of 19 --