Fisheries (General and Fees) Amendment Regulations 2004

Fisheries (General and Fees) Amendment Regulations 2004

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .

13 December 2004

PETER G. UNDERWOOD

Administrator

By His Excellency's Command,

STEVEN KONS

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2004 .

2.   Commencement

(1)  These regulations, except regulation 6(c), take effect on the seventh day after the day on which the making of these regulations is notified in the Gazette.

(2)  Regulation 6(c) takes effect on 1 July 2005.

3.   Principal Regulations

In these regulations, the Fisheries (General and Fees) Regulations 1996 are referred to as the Principal Regulations.

4.    Regulation 20 amended (Noxious fish)

Regulation 20 of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (f) "(Sabella spallanzanii)." and substituting "(Sabella spallanzanii);";

(b) by inserting the following paragraph after paragraph (f) :

(g) green algae (Caulerpa taxifolia).

5.    Regulation 20A substituted

Regulation 20A of the Principal Regulations is rescinded and the following regulation is substituted:

20A.   Keeping records

The following people are prescribed persons for the purpose of section 145 of the Act:

(a) a person who at any time in the preceding 5 years was the holder of an authorisation;

(b) a person approved under section 87 or 88 of the Act.

6.    Schedule 1 amended (Licence fees)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting after paragraph (c) in item 8 in Part 1 the following:

(d) Licence certificate – replacement

5 fee units

(b) by omitting item 9 from Part 1 and substituting the following:

9.	Fishing licence (scallop)
	(a) Renewal, each scallop unit	8 fee units
	(b) Research levy, each scallop unit at renewal	2 fee units
	(c) Transfer of licence or scallop unit, each transfer	50 fee units
	(d) Fishery management fee, each scallop unit	17 fee units
	(e) Variation (seasonal quota transfer)	50 fee units

(c) by omitting "1 750" from paragraph (a) in item 1 in Part 4 and substituting "835".

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Fisheries (General and Fees) Regulations 1996 by –

(a) prescribing green algae as a noxious fish; and

(b) amending the provisions relating to who is a prescribed person under the Act; and

(c) introducing a fee for the replacement of a fishing licence (recreational); and

(d) making further provision in relation to the fees payable for a fishing licence (scallop); and

(e) reducing the fee payable for a marine farming licence for one species of bivalve.