Fisheries (Fees, Royalties and Levies) Regulations 2008
Fisheries (Fees, Royalties and Levies)
Regulations 2008
S.R. No. 4/2008
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provisions 1
3 Commencement 1
4 Definitions and interpretation 2
PART 2—COMMERCIAL FISHERY LICENCES 4
Division 1—Fees 4
5 Application fees⎯commercial fishery licences 4
6 Time for application for renewal of renewable licence 5
7 Licence fees for commercial fishery licences 5
8 Manner in which and date by which fees are payable 5
9 Transfer fees for commercial fishery licences 5
10 Application fees for transfer of individual quota units 6
11 Fee for variation of commercial fishery licence 6
12 Fee to obtain abalone quota unit holding statement 6
13 Fee for a notification by holder of abalone fishery access
licence 6
Division 2—Royalties 7
14 Royalty for individual abalone quota unit 7
15 Manner in which and date by which royalty is payable 8
16 Royalty must be paid by due date 8
Division 3—Levies 9
17 Levies on commercial fishery access licences 9
18 Levies on fish receiver's licences 11
19 Levies on aquaculture licences 12
20 Levies on individual abalone quota units 13
21 Levies must be paid by due date 14
i
-- 1 of 37 --
Regulation Page
22 Levy for aquaculture licences applied on the basis of area
specified in licence 14
23 Manner in which and date by which levies payable 16
PART 3—RECREATIONAL FISHERY LICENCES 17
24 Fees payable for recreational fishery licences 17
25 Levies payable for recreational fishery licences 17
PART 4—PERMITS 18
Division 1—General permits 18
26 General permit fees 18
27 Levies on general permits 18
Division 2—Protected aquatic biota permits 19
28 Protected aquatic biota permit fees 19
PART 5—BOAT REGISTRATION 20
29 Fishing boat registration fee 20
30 Fishing boat registration renewal fee 20
31 Fishing boat registration transfer fee 20
PART 6—AMENDMENTS TO FISHERIES
REGULATIONS 1998 21
32 New regulations 242A and 242B inserted 21
242A Individual quota units not to be transferred if levy
not paid 21
242B Individual abalone quota units not to be transferred
if levy not paid 21
33 New commercial licence condition requiring fees, levies and
royalties to be paid by due date 21
34 Division 5 of Part 4 revoked—Recreational fees 22
35 References to fees for boat registration removed 22
36 Revocation of fee, levy and royalty provisions 22
__________________
SCHEDULES 23
SCHEDULE 1—Application and Transfer Fees for Commercial
Fishery Licences 23
SCHEDULE 2—Levies for Commercial Fishery Access Licences 26
SCHEDULE 3—Levies for Fish Receiver's Licences 30
ii
-- 2 of 37 --
Regulation Page
SCHEDULE 4—Levies for Aquaculture Licences 31
SCHEDULE 5—Levies for Individual Abalone Quota Units 33
═══════════════
ENDNOTES 34
iii
-- 3 of 37 --
STATUTORY RULES 2008
S.R. No. 4/2008
Fisheries Act 1995
Fisheries (Fees, Royalties and Levies)
Regulations 2008
The Governor in Council makes the following Regulations:
Dated: 30 January 2008
Responsible Minister:
JOE HELPER
Minister for Agriculture
RYAN HEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to
prescribe the fees, royalties and levies payable in
respect of commercial fishery licences, individual
quota units, recreational fishery licences, permits
and boat registrations under the Fisheries Act
1995 and other provisions relating to those fees,
royalties and levies.
2 Authorising provisions
These Regulations are made under sections 150,
151A and 153 of the Fisheries Act 1995.
3 Commencement
These Regulations come into operation on
1 February 2008.
1
-- 4 of 37 --
Part 1—Preliminary
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 4
4 Definitions and interpretation
(1) In these Regulations—
abalone fishery access licence means any of the
following classes of access licence—
(a) Abalone Fishery (Western Zone)
Access Licence;
(b) Abalone Fishery (Central Zone) Access
Licence;
(c) Abalone Fishery (Eastern Zone) Access
Licence;
boat means a boat used for any one or more of the
following activities—
(a) the taking of fish for sale;
(b) the setting or using of commercial
fishing equipment;
(c) the use of commercial abalone
equipment;
(d) the landing of fish for sale or
marketing;
(e) the setting or using of commercial
aquaculture equipment on Crown land
or in or on the waters covering that
land;
(f) the moving of an aquaculture crop;
commercial fishery licence means any of the
following licences—
(a) an access licence;
(b) a fish receiver's licence;
(c) an aquaculture licence;
2
-- 5 of 37 --
Part 1—Preliminary
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 4
Fisheries Research and Development
Corporation (FRDC) means the Fisheries
Research and Development Corporation
established under section 8 of the Primary
Industries and Energy Research
Development Act 1989 of the
Commonwealth;
protected aquatic biota permit means a permit
issued under section 72 of the Act;
renewable licence means an access licence, a fish
receiver's licence or any class of licence
prescribed for the purposes of section 57(1)
of the Act;
the Act means the Fisheries Act 1995.
(2) A reference in these Regulations to a particular
class of commercial fishery licence is a reference
to that class of commercial fishery licence within
the meaning of the Fisheries Regulations 19981.
__________________
3
-- 6 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 5
PART 2—COMMERCIAL FISHERY LICENCES
Division 1—Fees
5 Application fees⎯commercial fishery licences
(1) The application fee for the issue of a commercial
fishery licence of a class specified in column 2 of
the Table in Schedule 1 is the fee specified in
column 3 of that Table corresponding to that class
of licence.
(2) Despite subregulation (1)—
(a) a person who applies for more than one
aquaculture licence to conduct aquaculture
activities at the same specified area is liable
to pay for one application fee only in
discharge of the application fees which
would otherwise be individually payable for
the licences;
(b) a person who applies for an Aquaculture
(Private Land—Yabbies Multiwaters)
Licence is not liable to pay the application
fee which would otherwise be individually
payable if that person holds a current
Aquaculture (Private Land—Yabbies)
Licence which specifies the same specified
area on the application;
(c) a person who applies for an Aquaculture
(Private Land—Yabbies) Licence is not
liable to pay the application fee which would
otherwise be individually payable if that
person holds a current Aquaculture (Private
Land—Yabbies Multiwaters) Licence which
specifies the same specified area on the
application.
4
-- 7 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 6
(3) For the purposes of subregulation (2)(a), the
application fee payable is the fee which is the
highest of each of the application fees which
otherwise would be individually payable in
respect of the licences under the application.
6 Time for application for renewal of renewable
licence
(1) An application for renewal of a renewable licence
must be made by the date specified by the
Secretary.
(2) The Secretary must give each licence holder to
whom subregulation (1) applies notice of the
specified date in writing not later than 14 days
before the specified date.
7 Licence fees for commercial fishery licences
The fee for the issue or renewal of any
commercial fishery licence is 3⋅6 fee units.
8 Manner in which and date by which fees are
payable
(1) The fee payable under regulation 7 for the renewal
of a commercial fishery licence is payable to the
Secretary annually by the date specified by the
Secretary.
(2) The Secretary must give each licence holder to
whom subregulation (1) applies notice of the
specified date in writing not later than 14 days
before the specified date.
9 Transfer fees for commercial fishery licences
The fee for the transfer of a commercial fishery
licence of a class specified in column 2 of the
Table in Schedule 1 is the fee specified in
column 4 of that Table that corresponds to that
class of licence.
5
-- 8 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 10
10 Application fees for transfer of individual quota
units
(1) The application fee for the transfer of an
individual quota unit is—
(a) 27⋅8 fee units for an individual quota unit in
respect of an abalone fishery; and
(b) 3⋅6 fee units for an individual quota unit in
respect of a giant crab fishery; and
(c) 3⋅6 fee units for an individual quota unit in
respect of a rock lobster fishery; and
(d) 3⋅6 fee units for an individual quota unit in
respect of the scallop (ocean) fishery.
(2) In this regulation, Giant Crab fishery and Scallop
(Ocean) fishery have the same meaning as they
have in the regulation 107 of the Fisheries
Regulations 1998.
11 Fee for variation of commercial fishery licence
The application fee for the variation of a
commercial fishery licence is 3⋅6 fee units.
12 Fee to obtain abalone quota unit holding statement
For the purposes of section 66H(2) of the Act, the
application fee to obtain an abalone quota unit
holding statement is 3⋅6 fee units.
13 Fee for a notification by holder of abalone fishery
access licence
For the purposes of section 66J(1) of the Act, the
fee for notification to the Secretary of the
nomination of the holder of an abalone fishery
access licence is 3⋅6 fee units.
6
-- 9 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 14
Division 2—Royalties
14 Royalty for individual abalone quota unit
For the purposes of section 150 of the Act, the
royalty payable in respect of an individual abalone
quota unit is the amount calculated in accordance
with the following formula⎯
(0·072 × GVP) − (FMS + FRDC)
where—
GVP is the average weighted beach price per
kilogram of abalone for the financial year
preceding the year to which the royalty
relates multiplied by the weight of abalone in
kilograms allocated to the individual abalone
quota unit in the quota period to which the
royalty relates;
FMS is comprised of—
(a) the amounts of the levies set out in
Columns 3, 4 and 5 of the Table in
Schedule 5 corresponding to that class of
individual abalone quota unit; and
(b) an amount determined in accordance with
the formula—
C
B A ×
where—
A is the amount of levy set out in
Column 3 of the Table in Schedule 2
corresponding to the class of abalone
fishery access licence in respect of
which the quota unit is allocated;
7
-- 10 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 15
B is the number of abalone fishery access
licences of the class described in "A" in
force for the abalone zone in respect of
which the individual abalone quota unit
is held;
C is the number of individual abalone
quota units issued in respect of the
abalone zone referred to in "B";
FRDC is the amount of levy for the Fisheries
Research Development Corporation set out
in Column 6 of the Table in Schedule 5
corresponding to the class of abalone fishery
access licence to which the quota unit is
allocated.
15 Manner in which and date by which royalty is
payable
(1) The royalty specified in regulation 14 is payable
to the Secretary annually by the date specified by
the Secretary.
Note
Under section 66Q of the Act, failure to pay the royalty
specified in regulation 14 within 14 days of the date that the
royalty was due, may result in suspension of the entitlement
under the individual abalone quota unit until the royalty is
paid. Failure to pay the royalty within 12 months will result
in cancellation of the individual abalone quota unit on the
day after the end of that period.
(2) The Secretary must give each individual quota
unit holder to whom subregulation (1) applies
notice of the specified date in writing not later
than 14 days before the specified date.
16 Royalty must be paid by due date
The holder of an individual abalone quota unit
who is not the holder of an abalone fishery access
licence relating to that quota unit must pay to the
Secretary the royalty calculated in accordance
8
-- 11 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 17
with regulation 14 in respect of that quota unit by
the date specified by the Secretary under
regulation 15(2).
Penalty: 20 penalty units
Division 3—Levies
17 Levies on commercial fishery access licences
(1) For the purposes of section 151(1) of the Act the
following classes of access licence are prescribed
classes of licence—
(a) Giant Crab Fishery (Western Zone) Access
Licence;
(b) Rock Lobster Fishery (Western Zone)
Access Licence;
(c) Rock Lobster Fishery (Eastern Zone) Access
Licence;
(d) Abalone Fishery (Western Zone) Access
Licence;
(e) Abalone Fishery (Central Zone) Access
Licence;
(f) Abalone Fishery (Eastern Zone) Access
Licence;
(g) Bait (General) Fishery Access Licence;
(h) Corner Inlet Fishery Access Licence;
(i) Eel Fishery Access Licence;
(j) Gippsland Lakes Fishery Access Licence;
(k) Gippsland Lakes Fishery (Bait) Access
Licence;
(l) Gippsland Lakes (Mussel Dive) Fishery
Access Licence;
(m) Lake Tyers Fishery (Bait) Access Licence;
9
-- 12 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 17
(n) Mallacoota Lower Lake Fishery (Bait)
Access Licence;
(o) Port Phillip Bay (Mussel Bait) Fishery
Access Licence;
(p) Purse Seine (Ocean) Fishery Access Licence;
(q) Purse Seine (Port Phillip Bay) Fishery
Access Licence;
(r) Ocean Fishery Access Licence;
(s) Scallop (Ocean Fishery) Access Licence;
(t) Snowy River Fishery (Bait) Access Licence;
(u) Sydenham Inlet Fishery (Bait) Access
Licence;
(v) Trawl (Inshore) Fishery Access Licence;
(w) Western Port/Port Phillip Bay Fishery
Access Licence;
(x) Wrasse (Ocean) Fishery Access Licence.
(2) For the purposes of section 151(1) of the Act, the
following levies are prescribed for each class of
access licence set out in column 2 of the Table in
Schedule 2—
(a) the levy for management (if any) set out in
Column 3 of that Table corresponding to that
class of access licence;
(b) the levy for compliance (if any) set out in
Column 4 of that Table corresponding to that
class of access licence;
(c) the levy for research (if any) set out in
Column 5 of that Table corresponding to that
class of access licence;
10
-- 13 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 18
(d) the levy for the Fisheries Research
Development Corporation (if any) set out in
Column 6 of that Table corresponding to that
class of access licence;
(e) the levy for funding peak bodies (if any) set
out in Column 7 of that Table corresponding
to that class of access licence.
18 Levies on fish receiver's licences
(1) For the purposes of section 151(1) of the Act, the
following classes of fish receiver's licence are
prescribed classes of licence—
(a) a Fish Receivers' (Abalone) Licence;
(b) a Fish Receivers' (Scallop) Licence.
(2) For the purposes of section 151(1) of the Act the
following levies are prescribed for each class of
fish receiver's licence specified in Column 2 of the
Table in Schedule 3—
(a) the levy for management (if any) set out in
Column 3 of that Table corresponding to that
class of licence;
(b) the levy for compliance (if any) set out in
Column 4 of that Table corresponding to that
class of licence;
(c) the levy for research (if any) set out in
Column 5 of that Table corresponding to that
class of licence;
(d) the levy for the Fisheries Research
Development Corporation (if any) set out in
Column 6 of that Table corresponding to that
class of licence;
(e) the levy for funding peak bodies (if any) set
out in Column 7 of that Table corresponding
to that class of licence.
11
-- 14 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 19
19 Levies on aquaculture licences
(1) For the purposes of section 151(1) of the Act, the
following classes of aquaculture licence are
prescribed classes of licence—
(a) an Aquaculture (Crown Land—Abalone)
Licence;
(b) an Aquaculture (Crown Land—Bivalve
Shellfish) Licence;
(c) an Aquaculture (Crown Land—Eels)
Licence;
(d) an Aquaculture (Crown Land—Offshore)
Licence;
(e) an Aquaculture (Crown Land—Other)
Licence;
(f) an Aquaculture (On-shore Abalone) Licence;
(g) an Aquaculture (Private Land—Eels)
Licence;
(h) an Aquaculture (Private Land—Indoor
Intensive) Licence;
(i) an Aquaculture (Private Land—Marine)
Licence;
(j) an Aquaculture (Private Land—
Ornamentals) Licence;
(k) an Aquaculture (Private Land—Other)
Licence;
(l) an Aquaculture (Private Land—Salmonids)
Licence;
(m) an Aquaculture (Private Land—Tourism)
Licence;
(n) an Aquaculture (Private Land—Warm Water
Finfish) Licence;
12
-- 15 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 20
(o) an Aquaculture (Private Land—Yabbies)
Licence;
(p) an Aquaculture (Private Land—Yabbies
Multiwaters) Licence.
(2) For the purposes of section 151(1) of the Act the
following levies are prescribed for each class of
aquaculture licence specified in Column 2 of the
Table in Schedule 4—
(a) the levy for management (if any) set out in
Column 3 of that Table corresponding to that
class of licence;
(b) the levy for compliance (if any) set out in
Column 4 of that Table corresponding to that
class of licence;
(c) the levy for research (if any) set out in
Column 5 of that Table corresponding to that
class of licence;
(d) the levy for the Fisheries Research
Development Corporation (if any) set out in
Column 6 of that Table corresponding to that
class of licence;
(e) the levy for funding peak bodies (if any) set
out in Column 7 of that Table corresponding
to that class of licence.
20 Levies on individual abalone quota units
For the purposes of section 151(1A) of the Act,
the following levies are prescribed in respect of a
class of individual abalone quota unit set out in
Column 2 of the Table in Schedule 5⎯
(a) the levy for management (if any) set out in
Column 3 of that Table corresponding to that
class of quota unit;
13
-- 16 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 21
(b) the levy for compliance (if any) set out in
Column 4 of that Table corresponding to that
class of quota unit;
(c) the levy for research (if any) set out in
Column 5 of that Table corresponding to that
class of quota unit;
(d) the levy for the Fisheries Research
Development Corporation (if any) set out in
Column 6 of that Table corresponding to that
class of quota unit;
(e) the levy for funding peak bodies (if any) set
out in Column 7 of that Table corresponding
to that class of quota unit.
21 Levies must be paid by due date
The holder of an individual abalone quota unit
who is not the holder of an abalone fishery access
licence relating to that quota unit must pay to the
Secretary the levies under regulation 20 in respect
of that quota unit by the date specified by the
Secretary under regulation 23(2).
Penalty: 20 penalty units.
22 Levy for aquaculture licences applied on the basis of
area specified in licence
(1) For the purposes of section 151(1) of the Act the
Secretary may, by notice published in the
Government Gazette, declare that a class or
classes of aquaculture licence is or are subject to a
levy calculated in accordance with
subregulation (3).
(2) The Secretary must specify in any declaration
made under subregulation (1) the following—
(a) the purpose of the levy;
(b) each class of aquaculture licence to which
the levy applies;
14
-- 17 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 22
(c) each area in respect of which the levy applies
(levy area);
(d) the period in respect of which the levy is to
be paid;
(e) the estimated total fixed costs of the
Secretary for the purpose of the levy
(ETFC);
(f) the total area in hectares in which the holders
of each class of aquaculture licence specified
in the declaration may operate at the time the
declaration is made (TA);
(g) the estimated total variable costs of the
Secretary for the purposes of the levy in each
levy area (ETVC);
(h) the total area in hectares in which holders of
aquaculture licences of a class or classes
specified in the declaration may operate that
comprises each levy area at the time the
declaration is made (TLA);
(i) the proportion to be applied for the purposes
of the formula in subregulation (3) (P).
(3) The prescribed levy for an aquaculture licence of
a class specified in a declaration under
subregulation (1) is the total of the amounts for
each levy area, each amount being calculated in
accordance with the following formula—
P NHA
TLA
ETVC
TA
ETFC × × ⎟
⎠
⎞
⎜
⎝
⎛ +
where NHA is the number of hectares of the area
specified in the aquaculture licence that comprises
the levy area in which the holder of the licence
may operate at the time the declaration is made.
15
-- 18 of 37 --
Part 2—Commercial Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 23
(4) The Secretary must give a copy of any declaration
made under subregulation (1) to each holder of an
aquaculture licence of a class specified in the
declaration within 14 days after publication of the
declaration in the Government Gazette.
23 Manner in which and date by which levies payable
(1) A levy payable under regulation 17, 18, 19, 20
or 22 is payable to the Secretary annually by the
date specified by the Secretary.
(2) The Secretary must give each licence holder or
individual abalone quota unit holder to whom
subregulation (1) applies notice of the specified
date in writing not later than 14 days before the
specified date.
__________________
16
-- 19 of 37 --
Part 3—Recreational Fishery Licences
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 24
PART 3—RECREATIONAL FISHERY LICENCES
24 Fees payable for recreational fishery licences
(1) The application fee for a group recreational
fishery licence issued under section 46 of the Act
is $22.00.
(2) The Minister may, in writing, waive the fee
prescribed under subregulation (1) if he or she is
satisfied that special circumstances apply.
25 Levies payable for recreational fishery licences
(1) For the purposes of section 151(1) of the Act, a
recreational fishery licence is a prescribed class of
licence.
(2) For the purposes of section 151(1) of the Act, the
following levies in respect of a recreational
fishery are prescribed—
(a) for a 3 year recreational fishing licence,
$60.00;
(b) for a 1 year recreational fishing licence,
$22.00;
(c) for a 28 day recreational fishing licence,
$11.00;
(d) for a 2 day recreational fishing licence,
$5.50.
(3) A person must pay the relevant levy under
subregulation (2) before a recreational fishery
licence is issued to that person.
(4) For the purposes of section 151(6) of the Act the
Minister may exempt a person or class of persons
from the payment of a levy under
subregulation (2) if he or she is satisfied that
special circumstances apply.
__________________
17
-- 20 of 37 --
Part 4—Permits
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 26
PART 4—PERMITS
Division 1—General permits
26 General permit fees
(1) Subject to subregulation (2), the application fee
for the issue of a general permit is 10⋅5 fee units.
(2) The application fee for the issue of a general
permit in respect of a developing fishery is
27⋅8 fee units.
(3) The application fee for the variation by the
Secretary of a general permit to vary or revoke a
condition imposed on the permit or to impose a
new condition on the permit is 10⋅5 fee units.
(4) The Secretary may, in writing, waive the fee
prescribed under subregulation (1) or (3) if he or
she is satisfied that special circumstances apply.
27 Levies on general permits
(1) For the purposes of section 151(1) of the Act, the
following classes of general permit are
prescribed—
(a) a general permit to take fish from the banded
morwong developing fishery;
(b) a general permit to take fish from the
jellyfish developing fishery;
(c) a general permit to take fish from the urchin
developing fishery.
(2) For the purposes of section 151(1) of the Act, the
following levies are prescribed—
(a) for a general permit to take fish from the
banded morwong developing fishery,
199⋅5 fee units;
18
-- 21 of 37 --
Part 4—Permits
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 28
(b) for a general permit to take fish from the
jellyfish developing fishery, 999 fee units;
(c) for a general permit to take fish from the
urchin developing fishery—
(i) for a period of 1 year, 89⋅9 fee units;
(ii) for a period of 3 years, 149⋅8 fee units.
Division 2—Protected aquatic biota permits
28 Protected aquatic biota permit fees
(1) The application fee for the issue of a protected
aquatic biota permit is 10⋅5 fee units.
(2) The application fee for the variation by the
Secretary of a protected aquatic biota permit to
vary or revoke a condition imposed on the permit
or to impose a new condition on the permit is
10⋅5 fee units.
(3) The Secretary may, in writing, waive the fee
prescribed under subregulation (1) or (2) if he or
she is satisfied that special circumstances apply.
__________________
19
-- 22 of 37 --
Part 5—Boat Registration
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 29
PART 5—BOAT REGISTRATION
29 Fishing boat registration fee
The application fee for the registration of a boat is
3⋅6 fee units.
30 Fishing boat registration renewal fee
The application fee for renewal of the registration
of a boat is 3⋅6 fee units.
31 Fishing boat registration transfer fee
The application fee for the transfer of the
registration of a boat is 3⋅6 fee units.
__________________
20
-- 23 of 37 --
Part 6—Amendments to Fisheries Regulations 1998
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 32
PART 6—AMENDMENTS TO FISHERIES
REGULATIONS 1998
32 New regulations 242A and 242B inserted
After regulation 242 of the Fisheries Regulations
1998 insert—
"242A Individual quota units not to be
transferred if levy not paid
The Secretary must not transfer any
individual quota unit if the licence holder
who applies to transfer the quota unit has not
paid any levy due in respect of the quota
unit.
242B Individual abalone quota units not to be
transferred if levy not paid
The Secretary must not transfer any
individual abalone quota unit if the quota
unit holder who applies to transfer the quota
unit has not paid any levy due in respect of
the quota unit.".
33 New commercial licence condition requiring fees,
levies and royalties to be paid by due date
In regulation 301(2) of the Fisheries Regulations
1998—
(a) in paragraph (i), for "attached." substitute
"attached; and";
(b) after paragraph (i) insert—
"(j) must ensure that any fee, levy or
royalty due in respect of the licence and
any levy or royalty due in respect of an
individual abalone quota unit allocated
to the licence and which is held by the
licence holder, is paid to the Secretary
by the date specified by the Secretary.".
21
-- 24 of 37 --
Part 6—Amendments to Fisheries Regulations 1998
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
r. 34
34 Division 5 of Part 4 revoked—Recreational fees
Division 5 of Part 4 of the Fisheries Regulations
1998 is revoked.
35 References to fees for boat registration removed
(1) In regulation 605(2) of the Fisheries Regulations
1998, for "a fee of 3⋅6 fee units" substitute "the
fee prescribed for the registration of the boat".
(2) In regulation 605(3) of the Fisheries Regulations
1998, for "a fee of 3⋅6 fee units" substitute "the
fee prescribed for the renewal of the registration
of the boat".
(3) In regulation 611(2) of the Fisheries Regulations
1998, for "a transfer fee of 3⋅6 fee units"
substitute "the fee prescribed for the transfer of
the registration of the boat".
36 Revocation of fee, levy and royalty provisions
Division 3 of Part 6 of, and Schedule 12 to, the
Fisheries Regulations 1998 are revoked.
__________________
22
-- 25 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 1
SCHEDULES
SCHEDULE 1
Regulations 5 and 9
APPLICATION AND TRANSFER FEES FOR COMMERCIAL
FISHERY LICENCES
Column 1 Column 2 Column 3 Column 4
Item Class of Licence
Application
Fee Transfer Fee
1 Abalone Fishery (Western
Zone) Access Licence
27⋅8 fee units 27⋅8 fee units
2 Abalone Fishery (Central
Zone) Access Licence
27⋅8 fee units 27⋅8 fee units
3 Abalone Fishery (Eastern
Zone) Access Licence
27⋅8 fee units 27⋅8 fee units
4 Bait (General) Fishery
Access Licence
18⋅5 fee units Not applicable
5 Corner Inlet Fishery Access
Licence
18⋅5 fee units 18⋅5 fee units
6 Eel Fishery Access Licence
Type A
18⋅5 fee units 18⋅5 fee units
7 Giant Crab Fishery (Western
Zone) Access Licence
18⋅5 fee units 18⋅5 fee units
8 Gippsland Lakes Fishery
Access Licence
18⋅5 fee units 18⋅5 fee units
9 Gippsland Lakes Fishery
(Bait) Access Licence
18⋅5 fee units 18⋅5 fee units
10 Gippsland Lakes Fishery
(Mussel Dive) Access
Licence
18⋅5 fee units Not applicable
11 Lake Tyers (Bait) Access
Licence
18⋅5 fee units Not applicable
12 Mallacoota Lower Lake
Fishery (Bait) Access
Licence
18⋅5 fee units 18⋅5 fee units
23
-- 26 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 1 Sch. 1
Column 1 Column 2 Column 3 Column 4
Item Class of Licence
Application
Fee Transfer Fee
13 Ocean Fishery Access
Licence
18⋅5 fee units Not applicable
14 Port Phillip Bay (Mussel
Bait) Access Licence
18⋅5 fee units Not applicable
15 Purse Seine (Ocean) Access
Licence
18⋅5 fee units Not applicable
16 Purse Seine (Port Phillip
Bay) Fishery Access Licence
18⋅5 fee units Not applicable
17 Rock Lobster Fishery
(Western Zone) Access
Licence
18⋅5 fee units 18⋅5 fee units
18 Rock Lobster Fishery
(Eastern Zone) Access
Licence
18⋅5 fee units 18⋅5 fee units
19 Scallop (Ocean) Fishery
Access Licence
18⋅5 fee units 18⋅5 fee units
20 Snowy River Fishery (Bait)
Access Licence
18⋅5 fee units 18⋅5 fee units
21 Sydenham Inlet Fishery
(Bait) Access Licence
18⋅5 fee units 18⋅5 fee units
22 Trawl (Inshore) Fishery
Access Licence
18⋅5 fee units 18⋅5 fee units
23 Western Port/Port Phillip
Bay Fishery Access Licence
18⋅5 fee units 18⋅5 fee units
24 Wrasse (Ocean) Fishery
Access Licence
18⋅5 fee units Not applicable
25 Fish Receivers' (Abalone)
Licence
27⋅8 fee units Not applicable
26 Fish Receivers' (Scallop)
Licence
18⋅9 fee units Not applicable
27 Aquaculture (Private Land—
Eels) Licence
27⋅8 fee units 18⋅9 fee units
28 Aquaculture (Private Land—
Marine) Licence
27⋅8 fee units 18⋅9 fee units
24
-- 27 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 1
Column 1 Column 2 Column 3 Column 4
Item Class of Licence
Application
Fee Transfer Fee
29 Aquaculture (Private Land—
Ornamentals) Licence
27·8 fee units 18·9 fee units
30 Aquaculture (Private Land—
Other) Licence
27·8 fee units 18·9 fee units
31 Aquaculture (Private Land—
Salmonids) Licence
27⋅8 fee units 18⋅9 fee units
32 Aquaculture (Private Land—
Warm Water Finfish)
Licence
27⋅8 fee units 18⋅9 fee units
33 Aquaculture (Private Land—
Yabbies) Licence
27⋅8 fee units 18⋅9 fee units
34 Aquaculture (Private Land—
Yabbies Multiwaters)
Licence
27⋅8 fee units 18⋅9 fee units
35 Aquaculture (Private Land—
Indoor Intensive) Licence
27⋅8 fee units 18⋅9 fee units
36 Aquaculture (Private Land—
Tourism) Licence
27⋅8 fee units 18⋅9 fee units
37 Aquaculture (Crown Land—
Bivalve Shellfish) Licence
120⋅6 fee
units
18⋅9 fee units
38 Aquaculture (Crown Land—
Other) Licence
120⋅6 fee
units
18⋅9 fee units
39 Aquaculture (Crown
Land⎯Abalone) Licence
120⋅6 fee
units
18⋅9 fee units
40 Aquaculture (Crown
Land⎯Eels) Licence
120⋅6 fee
units
18⋅9 fee units
41 Aquaculture (Crown Land—
Offshore) Licence
120⋅6 fee
units
18⋅9 fee units
42 Aquaculture (On-shore
Abalone) Licence
120⋅6 fee
units
18⋅9 fee units
__________________
25
-- 28 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 2
SCHEDULE 2
Regulations 14, 17
LEVIES FOR COMMERCIAL FISHERY ACCESS LICENCES
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
1 Abalone
Fishery
Access
Licence
(Western
Zone)
$2105 $0 $0 $0 $52 $2157
2 Abalone
Fishery
Access
Licence
(Central
Zone)
$2105 $0 $0 $0 $52 $2157
3 Abalone
Fishery
Access
Licence
(Eastern
Zone)
$2105 $0 $0 $0 $52 $2157
4 Bait
(General)
Fishery
Access
Licence
$208 $20 $4 $21 $354 $607
5 Corner
Inlet
Fishery
Access
Licence
$208 $34 $1298 $263 $354 $2157
6 Eel Fishery
Access
Licence
$208 $186 $0 $112 $354 $860
26
-- 29 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 2
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
7 Giant Crab
Fishery
Access
Licence
$208 Variable amount:
$22 per individual quota
unit (for combined
compliance and research
levies)
$41 $354 $603 plus
variable
amount
calculated
as set
out in
combined
Columns 4
and 5
8 Gippsland
Lakes
Fishery
Access
Licence
$208 $195 $1135 $230 $354 $2122
9 Gippsland
Lakes
Fishery
(Bait)
Access
Licence
$208 $56 $54 $21 $264 $603
10 Gippsland
Lakes
Fishery
(Mussel
Dive)
Access
Licence
$208 $39 $1 $21 $354 $623
11 Lake Tyers
(Bait)
Access
Licence
$208 $0 $1 $21 $264 $494
12 Mallacoota
Lower
Lake
Fishery
(Bait)
Access
Licence
$208 $57 $3 $21 $264 $553
13 Ocean
Fishery
Access
Licence
$208 $7 $12 $15 $354 $596
27
-- 30 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 2
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
14 Port Phillip
Bay
(Mussel
Bait)
Access
Licence
$208 $61 $2 $21 $264 $556
15 Purse Seine
(Ocean)
Access
Licence
$208 $47 $12 $15 $354 $636
16 Purse Seine
(Port
Phillip
Bay)
Fishery
Access
Licence
$208 $186 $0 $0 $354 $748
17 Rock
Lobster
Fishery
(Western
Zone)
Access
Licence
$844 Variable amount:
$51.81 per individual
quota unit, plus $19.77
for each rock lobster pot
specified in the licence
(for combined
compliance and research
levies)
$372 $354 $1570
plus
variable
amount
calculated
as set
out in
combined
Columns 4
and 5
18 Rock
Lobster
Fishery
(Eastern
Zone)
Access
Licence
$470 Variable amount:
$28.60 per individual
quota unit, plus $6.72 for
each rock lobster pot
specified in the licence
(for combined
compliance and research
levies)
$92 $354 $916 plus
variable
amount
calculated
as set
out in
combined
Columns 4
and 5
28
-- 31 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 2
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
19 Scallop
(Ocean)
Fishery
Access
Licence
$208 $325 $80 $17 $354 $984
20 Snowy
River
Fishery
(Bait)
Access
Licence
$208 $0 $37 $21 $264 $530
21 Sydenham
Inlet
Fishery
(Bait)
Access
Licence
$208 $0 $41 $21 $264 $534
22 Trawl
(Inshore)
Fishery
Access
Licence
$208 $12 $20 $25 $354 $619
23 Western
Port/Port
Phillip Bay
Fishery
Access
Licence
$208 $75 $1299 $156 $354 $2092
24 Wrasse
(Ocean)
Fishery
Access
Licence
$208 $10 $30 $15 $354 $617
Note 1: FMS means the fisheries management services provided by the Department.
__________________
29
-- 32 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 3
SCHEDULE 3
Regulation 18
LEVIES FOR FISH RECEIVER'S LICENCES
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
1 Fish
Receivers'
(Abalone)
Licence
$208 $15 $0 $0 $3853 $4076
2 Fish
Receivers'
(Scallop)
Licence
$319 $143 $0 $0 $694 $1156
Note 1: FMS means the fisheries management services provided by the Department.
__________________
30
-- 33 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 4
SCHEDULE 4
Regulation 19
LEVIES FOR AQUACULTURE LICENCES
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
1 Aquaculture
(Crown
Land—
Abalone)
Licence
$56 $51 $45 $158 $0 $310
2 Aquaculture
(Crown
Land—Bivalve
Shellfish)
Licence
$273 $63 $45 $158 $0 $539
3 Aquaculture
(Crown
Land—Eels)
Licence
$173 $166 $45 $158 $0 $542
4 Aquaculture
(Crown Land
Offshore)
Licence
$370 $93 $45 $158 $0 $666
5 Aquaculture
(Crown
Land—Other)
Licence
$0 $0 $45 $158 $0 $203
6 Aquaculture
(On-shore
Abalone)
Licence
$34 $44 $45 $158 $0 $281
7 Aquaculture
(Private
Land—
Eels) Licence
$0 $0 $45 $158 $0 $203
8 Aquaculture
(Private
Land—Indoor
Intensive)
Licence
$0 $0 $45 $158 $0 $203
31
-- 34 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 4
Column 1
Item No.
Column 2
Class of
Licence
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
9 Aquaculture
(Private
Land—Marine)
Licence
$44 $5 $45 $158 $0 $252
10 Aquaculture
(Private
Land—
Ornamentals)
Licence
$89 $127 $45 $158 $0 $419
11 Aquaculture
(Private
Land—Other)
Licence
$159 $116 $45 $158 $0 $478
12 Aquaculture
(Private
Land—
Salmonids)
Licence
$47 $33 $45 $158 $0 $283
13 Aquaculture
(Private
Land—
Tourism)
Licence
$0 $0 $45 $158 $0 $203
14 Aquaculture
(Private
Land—Warm
Water Finfish)
Licence
$32 $17 $45 $158 $0 $252
15 Aquaculture
(Private
Land—
Yabbies)
Licence
$19 $12 $45 $158 $0 $234
16 Aquaculture
(Private
Land—
Yabbies
Multiwaters)
Licence
$0 $0 $45 $158 $0 $203
Note 1: FMS means the fisheries management services provided by the Department.
__________________
32
-- 35 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Sch. 5
SCHEDULE 5
Regulations 14, 20
LEVIES FOR INDIVIDUAL ABALONE QUOTA UNITS
Column 1
Item No.
Column 2
Class of
individual
abalone quota
unit
Column 3
Management
FMS1 Levy
Column 4
Compliance
FMS1 Levy
Column 5
Research
FMS1
Levy
Column 6
FRDC
Levy
Column 7
Peak Body
Levy
Column 8
TOTAL of
Columns 3
to 7
1 Individual
abalone quota
unit (Western
Zone)
$173 $178 $321 $96 $346 $1114
2 Individual
abalone quota
unit (Central
Zone)
$229 $266 $298 $96 $323 $1212
3 Individual
abalone quota
unit (Eastern
Zone)
$444 $415 $314 $96 $52 $1321
Note 1: FMS means the fisheries management services provided by the Department.
═══════════════
33
-- 36 of 37 --
Fisheries (Fees, Royalties and Levies) Regulations 2008
S.R. No. 4/2008
Endnotes
ENDNOTES
1 Reg. 4(2): S.R. No. 23/1998. Reprint No. 6 as at 1 April 2006.
Reprinted to S.R. No. 28/2006 and subsequently amended by
S.R. Nos 63/2006, 109/2006, 122/2006, 12/2007 and 143/2007.
——
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 2007 is
$11.02. 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.
Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2007 is
$110.12.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty 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
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
34
-- 37 of 37 --