Fisheries (General and Fees) Amendment Regulations 2007

Fisheries (General and Fees) Amendment Regulations 2007

I, the Governor 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 .

23 July 2007

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2007 .

2.   Commencement

These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Fisheries (General and Fees) Regulations 2006 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended by inserting after the definition of greenlip abalone the following definition:

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

5.    Regulation 10 amended (Fees)

Regulation 10 of the Principal Regulations is amended by inserting after subregulation (5) the following subregulations:

(6)  The fees specified in Schedules 1 and 2, other than item 6 of Schedule 2, are GST exempt.

(7)  The fees specified in item 6 of Schedule 2 are GST inclusive.

6.    Regulation 14 amended (Prohibition on taking certain fish)

Regulation 14(2) of the Principal Regulations is amended by omitting "cultural".

7.    Regulation 15 substituted

Regulation 15 of the Principal Regulations is rescinded and the following regulations are substituted:

15.   Prescribed classes for storage of fish

For the purpose of section 69 of the Act, abalone, giant crab, rock lobster and scallop are prescribed classes of fish.

15A.   Prescribed species for seizure of fish

For the purpose of section 200(c)(ii) of the Act, abalone, giant crab, rock lobster and scallop are prescribed species of fish.

8.    Regulation 17 substituted

Regulation 17 of the Principal Regulations is rescinded and the following regulation is substituted:

17.   Prescribed matters for fish processing offence

For the purpose of section 67(1)(b) of the Act –

(a) the prescribed quantity of fish is 10 tonnes; and

(b) the prescribed fish is all fish other than abalone, giant crab, rock lobster and scallop; and

(c) the prescribed period is one licensing year.

9.    Regulation 18 amended (Prescribed apparatus illegally used)

Regulation 18 of the Principal Regulations is amended by omitting " section 268(1)(b)(ii) " and substituting " section 268(1A)(c) ".

10.    Regulation 18A inserted

After regulation 18 of the Principal Regulations , the following regulation is inserted in Part 4:

18A.   Prescribed fish for definition of Aboriginal activity

For the purpose of paragraph (b) of the definition of "Aboriginal activity" in section 3 of the Act, the fish specified in Schedule 3A are prescribed fish.

11.    Schedule 1 amended (Licence fees)

Schedule 1 to the Principal Regulations is amended by inserting after paragraph (b) in item 20 in Part 1 the following items:

21.

Shellfish licences

(a) Fishing licence (clam – Georges Bay North)

(i) renewal

2 000 fee units

(ii) transfer

250 fee units

(iii) variation

50 fee units

(b) Fishing licence (clam – Georges Bay South)

(i) renewal

2 000 fee units

(ii) transfer

250 fee units

(iii) variation

50 fee units

(c) Fishing licence (cockle – Ansons Bay)

(i) renewal

2 000 fee units

(ii) transfer

250 fee units

(iii) variation

50 fee units

(d) Fishing licence (native oyster – Georges Bay)

(i) renewal

2 000 fee units

(ii) transfer

250 fee units

(iii) variation

50 fee units

(e) Fishing licence (Pacific oyster)

(i) grant or renewal

100 fee units

(ii) variation

50 fee units

12.    Schedule 2 amended (Miscellaneous fees)

Schedule 2 to the Principal Regulations is amended as follows:

(a) by omitting "and mussel spat collection" from column 2 of item 2 in the table and substituting "mussel spat collection and Pacific oyster";

(b) by omitting "0.35" from column 3 of paragraph (a) of item 6 in the table and substituting "0.38";

(c) by omitting "0.55" from column 3 of paragraph (b) of item 6 in the table and substituting "0.6".

13.    Schedule 3 amended (Decisions and determinations)

Schedule 3 to the Principal Regulations is amended as follows:

(a) by omitting the table from Part 1 and substituting the following table:

Decision to be notified	Made by	Provision of Act
1.	Which fishing certificate is to specify which fishing licence	Secretary	section 63
2.	Grant of or refusal to grant licence other than a refusal under –	Minister	section 78
	(a) section 78(2A); or
	(b) section 78(2) to the extent that refusal is based on the grounds in section 78(1)(d)
3.	Issue of licence as separate instrument or as endorsement on fishing certificate	Minister	section 79
4.	Renewal of or refusal to renew licence	Minister	section 81
5.	Transfer of or refusal to transfer licence	Minister	section 82
6.	Transfer of or refusal to transfer quota or entitlement under licence	Minister	section 82
7.	Variation of or refusal to vary licence	Minister	section 83
8.	Approval of or refusal to approve leasing, sub leasing or lending of licence	Minister	section 87
9.	Approval of or refusal to approve person as substitute licensee	Minister	section 88
10.	Approval of or refusal to approve another form of supervision of activity under licence	Minister	section 89
11.	Requirement to destroy noxious fish	Minister	section 130
12.	Addition, variation, revocation or substitution of condition of approval to engage in activity in marine resources protected area	Minister	section 133
13.	Revocation of approval to engage in activity in marine resources protected area	Minister	section 134
14.	Approval of or refusal to approve application for return of seized thing	Secretary	section 232
15.	Extension of time for payment, waiver or refund of whole or part, acceptance of lesser amount, or grant or refusal to grant application for extension of time for payment of any fee, charge or royalty	Minister	section 275

(b) by omitting the table from Part 2 and substituting the following table:

Determination	Provision of Act
1.	Substituting, confirming or revoking decision relating to which fishing certificate is to specify which fishing licence	section 63
2.	Substituting, confirming or revoking decision relating to grant of or refusal to grant licence other than a refusal under –	section 78
	(a) section 78(2A); or
	(b) section 78(2) to the extent that refusal is based on the grounds in section 78(1)(d)
3.	Substituting, confirming or revoking decision relating to issue of licence as separate instrument or as endorsement on fishing certificate	section 79
4.	Substituting, confirming or revoking decision relating to renewal of or refusal to renew licence	section 81
5.	Substituting, confirming or revoking decision relating to transfer of or refusal to transfer licence	section 82
6.	Substituting, confirming or revoking decision relating to transfer of or refusal to transfer quota or entitlement under a licence	section 82
7.	Substituting, confirming or revoking decision relating to variation of or refusal to vary licence	section 83
8.	Substituting, confirming or revoking decision relating to approval of or refusal to approve leasing, sub leasing or lending licence	section 87
9.	Substituting, confirming or revoking decision relating to approval of or refusal to approve person as substitute licensee	section 88
10.	Substituting, confirming or revoking decision relating to approval of or refusal to approve another form of supervision of activity under licence	section 89
11.	Substituting, confirming or revoking decision relating to requirement to destroy noxious fish	section 130
12.	Substituting, confirming or revoking decision relating to addition, variation, revocation or substitution of condition of approval to engage in activity in marine resources protected area	section 133
13.	Substituting, confirming or revoking decision relating to revocation of approval to engage in activity in marine resources protected area	section 134
14.	Substituting, confirming or revoking decision relating to approval of or refusal to approve application for return of seized thing	section 232
15.	Substituting, confirming or revoking decision relating to extension of time for payment, waiver or refund of whole or part, acceptance of lesser amount, or grant or refusal to grant application for extension of time for payment of any fee, charge or royalty	section 275

14.    Schedule 3A inserted

After Schedule 3 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 3A - Prescribed fish for definition of Aboriginal activity

Regulation 18A

	Common or used name	Scientific name
	Shellfish
1.	Banded or Silver Kelp shell	Bankivia fasciata
2.	Black Crow or Black Nerite	Nerita atramentosa
3.	Blue and Brown Gulls or Banded Periwinkle	Nodilittorina unifasciata
4.	Buckies, Pheasant shell or Painted Lady	Phasianella australis
5.	Cats' Teeth or Estuarine Mud Whelk shell	Batillariella estuarina
6.	Cats' Teeth or Lined Rissoina	Rissoina lintea
7.	Cats' Teeth or Variegated Rissoina	Rissoina variegata
8.	Dark and Yellow Buttons or Conniwink	Bembicium melanostomum
9.	Gold-mouth Conniwink	Bembicium auratum
10.	Jewelled Top shell	Calliostoma armillata
11.	King Maireener or Choice Sea-weed shell	Phasianotrochus eximius
12.	Maireener (Pink-tipped Kelp shell)	Phasianotrochus apicinus
13.	Maireener (Rainbow Kelp shell)	Phasianotrochus irisodontes
14.	Mud Whelk shell	Zeacumantus diemenensis
15.	Oat or Dove shells	Mitrella spp.
16.	Otherside Penguins or Pygmy Margin shell	Mesoginella pygmaeoides
17.	Penguin	Austroginella muscaria
18.	Rice or Rye shell	Truncatella scalarina
19.	Striped Dog Whelk	Nassarius pauperatus
20.	Striped Buttons or Striped-mouth Conniwink	Bembicium nanum
21.	Toothies, Toosies or Delicate Air Breather shell	Marinula xanthostoma
22.	Top shell	Clanculus dunkeri
23.	Wedge shell	Paphies cuneata
24.	White Dog Whelk	Nassarius nigellus
	Marine Plants
25.	All species of seagrass, seaweed and other aquatic vascular plants

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

Notified in the Gazette on 25 July 2007

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Fisheries (General and Fees) Regulations 2006 by –

(a) prescribing the fees payable for fishing licences (class shellfish); and

(b) prescribing the shellfish that may be taken by Aborigines for the manufacture of artefacts for sale; and

(c) updating the schedule of notifiable decisions and appealable determinations; and

(d) updating other provisions in line with recent amendments to the Living Marine Resources Management Act 1995 .