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Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007

Legislation · Victoria · 2020
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 -- 1 of 21 -- Regulation Page ii 16 Table A of Schedule 12 amended 11 17 Tables B, BA, BB and C in Schedule 12 substituted 11 ═══════════════ ENDNOTES 19 -- 2 of 21 -- 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. -- 3 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 2 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; r. 4 -- 4 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 3 (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— r. 7 -- 5 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 4 (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 r. 9 -- 6 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 5 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 r. 9 -- 7 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 6 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; r. 10 -- 8 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 7 (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 r. 11 -- 9 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 8 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.". r. 11 -- 10 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 9 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, r. 12 -- 11 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 10 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.". r. 15 -- 12 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 11 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 r. 16 -- 13 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 12 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 r. 17 -- 14 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 13 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 r. 17 -- 15 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 14 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 r. 17 -- 16 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 15 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 r. 17 -- 17 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 16 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 r. 17 -- 18 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 17 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. r. 17 -- 19 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 18 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.". ═══════════════ r. 17 -- 20 of 21 -- S.R. No. 12/2007 Fisheries (Aquaculture Licences, Fees, Levies and Royalties) Regulations 2007 19 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 -- 21 of 21 --