Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007
i
Fisheries (Aquaculture Licences, Fees, Levies and
Royalties) Regulations 2007
S.R. No. 12/2007
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Principal Regulations 2
5 Definitions 2
6 New classes of Aquaculture Licences 2
7 Regulation 230 revoked 3
8 New regulations 230I and 230J inserted 3
230I Entitlements of Aquaculture (Private Land—Tourism)
Licence 3
230J Entitlements of Aquaculture (Private Land—Indoor
Intensive) Licence 3
9 New regulations 231D and 231E inserted 4
231D Entitlements of Aquaculture (Crown Land—Offshore)
Licence 4
231E Entitlements of Aquaculture (On-shore Abalone)
Licence 5
10 Regulation 237 substituted 6
237 Prescribed classes of renewable commercial fishery
licences 6
11 Substitution of regulation 617A 6
617A Levy for Aquaculture Licence holders applied on the
basis of area licensed 6
12 Levies on general permits for developing fisheries 9
13 Royalty for individual abalone quota units 9
14 New regulation 624B inserted 9
624B Fee for a notification by holder of Abalone Fishery
Access Licence 9
15 New regulation 715 inserted 9
715 Transitional provisions for new classes of Aquaculture
Licences 9
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Regulation Page
ii
16 Table A of Schedule 12 amended 11
17 Tables B, BA, BB and C in Schedule 12 substituted 11
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ENDNOTES 19
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1
STATUTORY RULES 2007
S.R. No. 12/2007
Fisheries Act 1995
Fisheries (Aquaculture Licences, Fees, Levies and
Royalties) Regulations 2007
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 20 March 2007
Responsible Minister:
JOE HELPER
Minister for Agriculture
RUTH LEACH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to—
(a) make further provision in relation to fees,
levies and royalties payable under the
Fisheries Act 1995; and
(b) create new classes of aquaculture licences.
2 Authorising provision
These Regulations are made under section 153 of
the Fisheries Act 1995.
3 Commencement
These Regulations come into operation on 1 April
2007.
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4 Principal Regulations
In these Regulations, the Fisheries Regulations
19981 are called the Principal Regulations.
5 Definitions
(1) In regulation 105(2) of the Principal Regulations,
in the definition of Aquaculture (Crown Land)
Licence, after paragraph (d) insert—
"(e) Aquaculture (Crown Land—Offshore)
Licence;".
(2) In regulation 105(2) of the Principal Regulations,
in the definition of Aquaculture (Private Land)
Licence—
(a) omit paragraph (a);
(b) after paragraph (h) insert—
"(i) Aquaculture (Private Land—Tourism)
Licence;
(j) Aquaculture (Private Land—Indoor
Intensive) Licence;".
6 New classes of Aquaculture Licences
In regulation 203 of the Principal Regulations—
(a) omit paragraph (a);
(b) after paragraph (h) insert—
"(ha) Aquaculture (Private Land—Tourism)
Licence;
(hb) Aquaculture (Private Land—Indoor
Intensive) Licence;";
(c) in paragraph (l), for "Licence." substitute
"Licence;";
(d) after paragraph (l) insert—
"(m) Aquaculture (Crown Land—Offshore)
Licence;
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(n) Aquaculture (On-shore Abalone)
Licence.".
7 Regulation 230 revoked
Regulation 230 of the Principal Regulations is
revoked.
8 New regulations 230I and 230J inserted
After regulation 230H of the Principal
Regulations insert—
"230I Entitlements of Aquaculture (Private
Land—Tourism) Licence
An Aquaculture (Private Land—Tourism)
Licence authorises the licence holder, on the
private land and in or on the protected waters
covering that land specified in the licence,
to—
(a) use, form or create a habitat for
hatching, rearing, breeding, displaying
or growing fish species specified in the
licence where tourism is the primary
objective;
(b) hatch, rear, breed, display or grow fish
species specified in the licence for
on-site retail sale only;
(c) use the commercial aquaculture
equipment specified in the licence.
230J Entitlements of Aquaculture (Private
Land—Indoor Intensive) Licence
An Aquaculture (Private Land—Indoor
Intensive) Licence authorises the licence
holder, on the private land and in or on the
protected waters covering that land specified
in the licence, to—
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(a) use, form or create a habitat for
hatching, rearing, breeding, displaying
or growing fish species specified in the
licence for sale or other commercial
purposes where the aquaculture
production facility is wholly or
substantially contained indoors, utilises
purpose built biological filtration and
wholly or substantially recirculates or
reconditions the effluent production
water;
(b) hatch, rear, breed, display or grow fish
species specified in the licence for sale
or other commercial purposes;
(c) use the commercial aquaculture
equipment specified in the licence.".
9 New regulations 231D and 231E inserted
After regulation 231C of the Principal Regulations
insert—
"231D Entitlements of Aquaculture (Crown
Land—Offshore) Licence
An Aquaculture (Crown Land—Offshore)
Licence authorises the licence holder, on the
Crown land and in or on the protected waters
covering that land specified in the licence,
to—
(a) use, form or create a habitat for
hatching, rearing, breeding, displaying
or growing fish (other than bivalve
shellfish for human consumption or
abalone) or fishing bait specified in the
licence for sale or other commercial
purposes;
(b) hatch, rear, breed, display or grow fish
(other than bivalve shellfish for human
consumption or abalone) or fishing bait
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specified in the licence for sale or other
commercial purposes;
(c) use commercial aquaculture equipment
specified in the licence.
231E Entitlements of Aquaculture (On-shore
Abalone) Licence
An Aquaculture (On-shore Abalone) Licence
authorises the licence holder, on the private
land or the Crown land and in or on the
protected waters covering that land specified
in the licence, to—
(a) use, form or create a habitat for
hatching, rearing, breeding, displaying
or growing abalone species specified in
the licence for sale or other commercial
purposes;
(b) hatch, rear, breed, display or grow
abalone species specified in the licence
for sale or other commercial purposes;
(c) use the commercial aquaculture
equipment specified in the licence;
(d) possess abalone (including a
commercial quantity) which has been
hatched, reared, bred or grown under
the licence at the area specified in the
licence;
(e) process (other than to shuck) abalone
(including a commercial quantity)
which has been hatched, reared, bred,
displayed or grown under the licence at
the area specified in the licence;
(f) sell abalone (including a commercial
quantity) which has been hatched,
reared, bred, displayed or grown under
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the licence at the area specified in the
licence.".
10 Regulation 237 substituted
For regulation 237 of the Principal Regulations
substitute—
"237 Prescribed classes of renewable
commercial fishery licences
In addition to those specified in section 57 of
the Act, every class of Aquaculture Licence
is a renewable licence.".
11 Substitution of regulation 617A
(1) For regulation 617A of the Principal Regulations
substitute—
"617A Levy for Aquaculture Licence holders
applied on the basis of area licensed
(1) The holder of a class of Aquaculture Licence
specified under subregulation (3) must pay to
the Secretary a levy for a specified period
calculated in accordance with subregulation
(4) if the Secretary makes a declaration
under subregulation (2).
Penalty: 20 penalty units.
(2) The Secretary may, by notice published in
the Government Gazette, declare in respect
of a specified period a category of costs for
which a levy is charged.
(3) For each category of costs declared under
subregulation (2), the Secretary must also
specify—
(a) the purpose of the levy;
(b) each class of Aquaculture Licence to
which the levy applies;
(c) an area to be a levy area;
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(d) the estimated total fixed costs of the
Secretary for the purpose specified in
paragraph (a);
(e) the total area in hectares of Aquaculture
Licences of a class specified in
paragraph (b) at the time of making the
declaration;
(f) the estimated total variable costs of the
Secretary for the purpose specified in
paragraph (a) for each levy area
specified in paragraph (c);
(g) the total area in hectares of Aquaculture
Licences of a class specified in
paragraph (b) for each levy area
specified in paragraph (c) at the time of
making the declaration;
(h) the proportion of the levy to be charged
to the holders of Aquaculture Licences
of a class specified in paragraph (b).
(4) The levy payable for a category of costs
declared in subregulation (2) for each levy
area specified in subregulation (3)(c) in
which the holder of an Aquaculture Licence
of a class specified in subregulation (3)(b) is
licensed to operate, is an amount calculated
in accordance with the following formula—
P NHA
TLA
ETVC
TA
ETFC × ×
+
where
ETFC is the estimated total fixed costs of the
Secretary for that category of costs for
the period in which the levy will apply
for each holder of an Aquaculture
Licence of a class specified in
subregulation (3)(b) at the time the
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declaration is made under subregulation
(2);
TA is the total area in hectares to which
Aquaculture Licences of a class
specified in subregulation (3)(b) apply
at the time the declaration is made
under subregulation (2);
ETVC is the estimated total variable costs of
the Secretary for that category of costs
for the levy area for the period in which
the levy will apply;
TLA is the total area in hectares of
Aquaculture Licences of a class
specified in subregulation (3)(b) in the
levy area;
NHA is the number of hectares of the levy
area held by the holder of an
Aquaculture Licence of a class
specified in subregulation (3)(b) at the
time the declaration is made under
subregulation (2);
P is the proportion of the levy specified
under subregulation (3)(h) to be
charged to the holders of Aquaculture
Licences of a class specified in
subregulation (3)(b).
(5) The Secretary must give a copy of any
declaration made under subregulation (2) to
each holder of an Aquaculture Licence of a
class specified in subregulation (3)(b) within
14 days after publication of the declaration in
the Government Gazette.".
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12 Levies on general permits for developing fisheries
(1) In regulation 617B of the Principal Regulations
for "$2093" substitute "$2145".
(2) In regulation 617C of the Principal Regulations
for "$10 480" substitute "$10 742".
(3) In regulation 617D(1) of the Principal Regulations
for "$943" substitute "$967"
(4) In regulation 617D(2) of the Principal Regulations
for "$1572" substitute "$1611".
13 Royalty for individual abalone quota units
(1) In the heading to regulation 620 of the Principal
Regulations, omit "blacklip".
(2) In regulation 620 of the Principal Regulations,
omit "blacklip" (wherever occurring).
14 New regulation 624B inserted
After regulation 624A of the Principal
Regulations insert—
"624B Fee for a notification by holder of Abalone
Fishery Access Licence
The fee for notification to the Secretary of
the nomination of the holder of an Abalone
Fishery Access Licence under section 66J(1)
of the Act is 3⋅6 fee units.".
15 New regulation 715 inserted
After regulation 714 of the Principal Regulations
insert—
"715 Transitional provisions for new classes of
Aquaculture Licences
(1) A person who immediately before the
commencement of regulation 6 of the
Fisheries (Aquaculture Licences, Fees,
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Levies and Royalties) Regulations 2007
came into operation—
(a) was the holder of an Aquaculture
(Private Land—Abalone) Licence; or
(b) was—
(i) the holder of an Aquaculture
(Crown Land—Abalone) Licence;
and
(ii) only operating under that licence
on-shore—
is deemed to be, on and from the
commencement of that regulation, the
holder of an Aquaculture (On-shore
Abalone) Licence and that licence is
deemed to be due to be renewed on the
day on which regulation 6 commences.
(2) A person who immediately before the
commencement of regulation 6 of the
Fisheries (Aquaculture Licences, Fees,
Levies and Royalties) Regulations 2007
came into operation was—
(a) the holder of an Aquaculture (Crown
Land—Other) Licence; and
(b) operating under that licence in marine
waters—
is deemed to be, on and from the
commencement of that regulation, the holder
of an Aquaculture (Crown Land—Offshore)
Licence and that licence is deemed to be due
to be renewed on the day on which
regulation 6 commences.".
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16 Table A of Schedule 12 amended
In Table A in Schedule 12 to the Principal
Regulations—
(a) omit item 27; and
(b) after item 34 insert—
"34A. Aquaculture (Private
Land—Indoor
Intensive) Licence
120⋅6
fee units
18⋅9 fee
units
34B. Aquaculture (Private
Land—Tourism)
Licence
120⋅6
fee units
18⋅9 fee
units"; and
(c) after item 38 insert—
"39. Aquaculture (Crown
Land—Offshore)
Licence
120⋅6
fee units
18⋅9 fee
units
Aquaculture (On-
shore) Licences
40. Aquaculture (On-
shore Abalone)
Licence
120⋅6
fee units
18⋅9 fee
units".
17 Tables B, BA, BB and C in Schedule 12 substituted
For Tables B, BA, BB and C in Schedule 12 to the
Principal Regulations substitute—
"TABLE B
LEVIES FOR COMMERCIAL FISHERY ACCESS LICENCES
Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Abalone
Fishery
Access
Licence
(Western
Zone)
$2054 $0 $0 $0 $51 $2105
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Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Abalone
Fishery
Access
Licence
(Central
Zone)
$2054 $0 $0 $0 $51 $2105
Abalone
Fishery
Access
Licence
(Eastern
Zone)
$2054 $0 $0 $0 $51 $2105
Bait
(General)
Fishery
Access
Licence
$208 $2 $39 $19 $345 $613
Corner
Inlet
Fishery
Access
Licence
$192 $143 $1592 $235 $345 $2507
Eel Fishery
Access
Licence
$303 $556 $69 $77 $345 $1350
Giant Crab
Fishery
Access
Licence
$231 Variable amount: $3.45
per quota unit (for
combined compliance
and research levies)
$50 $345 $626 plus
variable
amount
calculated
as set out
in the
combined
Column 3
and 4
Gippsland
Lakes
Fishery
Access
Licence
$318 $177 $1503 $232 $345 $2575
Gippsland
Lakes
Fishery
(Bait)
Access
Licence
$262 $19 $39 $19 $258 $597
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Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Gippsland
Lakes
Fishery
(Mussel
Dive)
Access
Licence
$217 $2 $1 $19 $345 $584
Lake Tyers
(Bait)
Access
Licence
$208 $0 $39 $19 $258 $524
Mallacoota
Lower
Lake
Fishery
(Bait)
Access
Licence
$208 $0 $39 $19 $258 $524
Ocean
Fishery
Access
Licence
$210 $8 $7 $17 $345 $587
Port Phillip
Bay
(Mussel
Bait)
Access
Licence
$208 $0 $39 $19 $258 $524
Purse Seine
(Ocean)
Access
Licence
$413 $191 $7 $17 $345 $973
Purse Seine
(Port
Phillip
Bay)
Fishery
Access
Licence
$250 $39 $7 $0 $345 $641
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Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Rock
Lobster
Fishery
(Western
Zone)
Access
Licence
$909 Variable amount:
$47.90 per quota unit,
plus $18.28 for each
rock lobster pot specified
in licence (for combined
compliance and research
levies)
$372 $345 $1626
plus
variable
amount
calculated
as set out
in the
combined
Column 3
and 4
Rock
Lobster
Fishery
(Eastern
Zone)
Access
Licence
$422 Variable amount:
$21.89 per quota unit,
plus $5.20 for each rock
lobster pot specified in
licence (for combined
compliance and research
levies)
$97 $345 $864 plus
variable
amount
calculated
as set out
in the
combined
Column 3
and 4
Scallop
(Ocean)
Fishery
Access
Licence
$388 $488 $7 $25 $345 $1253
Snowy
River
Fishery
(Bait)
Access
Licence
$208 $0 $39 $19 $258 $524
Sydenham
Inlet
Fishery
(Bait)
Access
Licence
$208 $0 $39 $19 $258 $524
Trawl
(Inshore)
Fishery
Access
Licence
$214 $40 $10 $18 $345 $627
Western
Port/ Port
Phillip Bay
Fishery
Access
Licence
$223 $435 $1376 $147 $345 $2526
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Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Wrasse
(Ocean)
Fishery
Access
Licence
$253 $8 $19 $17 $345 $642
Note: 1. FMS means Fisheries Management Services.
2. FRDC means Fisheries Research Development Corporation.
TABLE BA
LEVIES FOR FISH RECEIVERS' LICENCES
Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns
2 to 6
Fish
Receivers'
(Abalone)
Licence
$198 $125 $0 $0 $3759 $4082
Fish
Receivers'
(Scallop)
Licence
$225 $249 $0 $0 $677 $1151
Note: 1. FMS means Fisheries Management Services.
2. FRDC means Fisheries Research Development Corporation.
TABLE BB
LEVIES FOR AQUACULTURE LICENCES
Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Aquaculture
(Private
Land—Eels)
Licence
$421 $162 $48 $154 $0 $785
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Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Aquaculture
(Private
Land—
Marine)
Licence
$194 $59 $48 $154 $0 $455
Aquaculture
(Private
Land—
Ornamentals)
Licence
$71 $87 $48 $154 $0 $360
Aquaculture
(Private
Land—
Other)
Licence
$0 $0 $48 $154 $0 $202
Aquaculture
(Private
Land—
Salmonids)
Licence
$98 $19 $48 $154 $0 $319
Aquaculture
(Private
Land—
Warm Water
Finfish)
Licence
$113 $44 $48 $154 $0 $359
Aquaculture
(Private
Land—
Yabbies)
Licence
$49 $15 $48 $154 $0 $266
Aquaculture
(Private
Land—
Yabbies—
Multi-waters)
Licence
$79 $16 $48 $154 $0 $297
Aquaculture
(Crown
Land—
Other)
Licence
$49 $40 $48 $154 $0 $291
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Column 1
Category of
Licence
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Aquaculture
(Crown
Land—
Abalone)
Licence
$241 $134 $48 $154 $0 $577
Aquaculture
(Crown
Land—Eels)
Licence
$168 $314 $48 $154 $0 $684
Aquaculture
(Crown
Land—
Bivalve
Shellfish)
Licence
$578 $86 $48 $154 $0 $866
Aquaculture
(Private
Land—
Tourism)
Licence
$98 $19 $48 $154 $0 $319
Aquaculture
(Private
Land—
Indoor
Intensive)
Licence
$113 $44 $48 $154 $0 $359
Aquaculture
(Crown Land
Offshore)
Licence
$49 $40 $48 $154 $0 $291
Aquaculture
(On-shore
Abalone)
Licence
$935 $466 $48 $154 $0 $1603
Note: 1. FMS means Fisheries Management Services.
2. FRDC means Fisheries Research Development Corporation.
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TABLE C
LEVIES FOR INDIVIDUAL ABALONE QUOTA UNITS
Column 1
Category of
individual
abalone
quota unit
Column 2
Management
FMS 1 Levy
Column 3
Compliance
FMS 1 Levy
Column 4
Research
FMS 1
Levy
Column 5
FRDC 2
Levy
Column 6
Peak Body
Levy
Column 7
TOTAL of
Columns 2
to 6
Individual
abalone
quota unit
(Western
Zone)
$302 $289 $283 $85 $338 $1297
Individual
abalone
quota unit
(Central
Zone)
$304 $319 $283 $85 $315 $1306
Individual
abalone
quota unit
(Eastern
Zone)
$456 $494 $283 $85 $51 $1369
Note: 1. FMS means Fisheries Management Services.
2. FRDC means Fisheries Research Development Corporation.".
═══════════════
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ENDNOTES
1 Reg. 4: 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
and 122/2006.
——
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 2006 is
$10.75. 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
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