Fisheries (General and Fees) Amendment Regulations (No. 2) 2011

Fisheries (General and Fees) Amendment Regulations (No. 2) 2011

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 .

5 December 2011

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations (No. 2) 2011 .

2.   Commencement

These regulations take effect on 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 9A inserted

After regulation 9 of the Principal Regulations , the following regulation is inserted in Part 3:

9A.   Fee under 1994 abalone deed of agreement

(1)  Pursuant to clause 4.5 of the 1994 abalone deed of agreement, the fee to be paid during the next 2 terms of that deed of agreement is a fee determined in accordance with Schedule 2A .

(2)  In this regulation –

1994 abalone deed of agreement means the deed of agreement made on 30 June 1994 pursuant to section 7 of the Fisheries Act 1959 in respect of the right to take and acquire abalone for commercial purposes in State fishing waters, as –

(a) continued in force under section 14 of the Marine Resources (Savings and Transitional) Act 1995 ; and

(b) renewed under clause 4 thereof for a further term of 10 years commencing on 1 January 2004 ("the current term");

fee means the fee referred to in clause 5.2 of the 1994 abalone deed of agreement;

next 2 terms, of the 1994 abalone deed of agreement, means the 2 terms immediately following the current term.

5.    Schedule 2A inserted

After Schedule 2 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 2A - Fee under 1994 Abalone Deed of Agreement

Regulation 9A

1.   Interpretation

In this Schedule –

billing period means billing period under clause 5 of the 1994 abalone deed of agreement;

BP or "beach price" means the beach price calculated under regulation 9 ;

Fee% means the fee percentage calculated under clause 3 ;

financial year means the 12-month period commencing on 1 July in any year;

relevant billing period, for a fee, means the billing period for which the fee is to be calculated.

2.   Calculation of fee

The fee is to be determined in accordance with the following formula:

3.   Fee percentage

(1) The fee percentage is to be calculated in accordance with the following table:

Fee percentage per kg		Indexed beach price
0.00%	@	$7.00 and below
4.00%	@	$7.01 to $29.99
4.00%	@	$30.00
12.00%	@	$70.00 and all beach prices thereafter

(2) For the purposes of the table in subclause (1) , the BP is to be indexed in accordance with the following formula:

where –

i₁ is indexation, calculated under subclauses (3) and (4) , of the value of a fee unit.

(3) The formula for the purposes of the definition of i₁ in subclause (2) is:

where –

i₁ is, subject to subclause (4) , the value of indexation for the financial year in which the relevant billing period occurs;

i₀ is the value of indexation immediately preceding i₁;

B is the value of a fee unit for the financial year in which the relevant billing period occurs;

C is the value of a fee unit for the financial year immediately preceding B.

(4) For the financial year commencing on 1 July 2013, i₁ is 1.00.

(5) For beach prices falling between the amounts $30.00 and $70.00 in the table in subclause (1) the fee percentage is the percentage, expressed to three decimal places, which appears on a straight line interpolation between the percentages listed for those amounts in the column headed "Fee percentage per kg".

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

Notified in the Gazette on 14 December 2011

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Fisheries (General and Fees) Regulations 2006 by providing for the determination of the fee that is to be paid under clause 5.2 of the 1994 abalone deed of agreement during the next 2 terms of that deed of agreement if it is not terminated.