95R146

Statutory Rules 1995 No. 1261

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Fishing Levy (East Coast Tuna Fishery) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fishing Levy Act 1991 and the Fisheries Management Act 1991.

Dated 8 June 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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Citation

1. These Regulations may be cited as the Fishing Levy (East Coast Tuna Fishery) Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

2. In these Regulations, unless the contrary intention appears:

“area of the East Coast Tuna Fishery” means the area described in Schedule 2;

“fishing permit” includes a fishing permit for fishing in more than one sector of a fishery;

“Levy Act” means the Fishing Levy Act 1991;

“Management Act” means the Fisheries Management Act 1991;

“minor line methods” means any method of commercial line fishing for tuna, other than pelagic longlining, purse seining and poling, in the area of the East Coast Tuna Fishery;

“ML Sector” means commercial fishing activities for tuna by minor line methods in the area of the East Coast Tuna Fishery;

“PL Sector” means commercial fishing activities for tuna by the poling method in the area of the East Coast Tuna Fishery;

“PLL (Sub-area 1) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 1 of Schedule 3;

“PLL (Sub-area 2) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 2 of Schedule 3;

“PLL (Sub-area 4) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 4 of Schedule 3;

“PLL (Sub-area 5) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 5 of Schedule 3;

“PLL (Sub-area 6) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 6 of Schedule 3;

“PLL (Sub-area 7) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 7 of Schedule 3;

“PLL (Sub-areas 8A and 8B) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the areas described in Part 8 of Schedule 3;

“PLL (Sub-area 9) Sector” means commercial fishing activities for tuna by the pelagic longlining method in the area described in Part 9 of Schedule 3;

“PS (Sub-area 3) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 3 of Schedule 3;

“PS (Sub-area 4) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 4 of Schedule 3;

“PS (Sub-area 6) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 6 of Schedule 3;

“PS (Sub-area 7) Sector” means commercial fishing activities for tuna by the purse seining method in the area described in Part 7 of Schedule 3;

“PS (Sub-areas 8A and 8B) Sector” means commercial fishing activities for tuna by the purse seining method in the areas described in Part 8 of Schedule 3;

“sector of the fishery” means the ML Sector, the PL Sector, the PLL (Sub-area 1) Sector, the PLL (Sub-area 2) Sector, the PLL (Sub-area 4) Sector, the PLL (Sub-area 5) Sector, the PLL (Sub-area 6) Sector, the PLL (Sub-area 7) Sector, the PLL (Sub-areas 8A and 8B) Sector, the PLL (Sub-area 9) Sector, the PS (Sub-area 3) Sector, the PS (Sub-area 4) Sector, the PS (Sub-area 6) Sector, the PS (Sub-area 7) Sector or the PS (Sub areas 8A and 8B) Sector;

“tuna” means fish:

(a) of the family Scombridae, commonly known as tuna and tuna-like fish, other than fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and

(b) of the families Istiophoridae and Xiphiidae, commonly known as billfish; and

Amount of levy

3. (1) Subject to subregulation (2), for the purposes of section 6 of the Levy Act, the amount of levy prescribed for a fishing permit granted in the period that commenced on 1 July 1994 and ends on 30 June 1995, for a sector specified in Column 2 of an item in Schedule 1, is the amount specified in Column 3 of the item.

[NOTE: Under the Primary Industries and Energy Research and Development Act 1989, a part (the “research component”) of the levies imposed by the Fishing Levy Act 1991 is to be paid to the Fisheries Research and Development Corporation for research and development activities relating to the fishing industry: see Note to Schedule 1.]

(2) If a fishing permit authorises the use of a boat for fishing in more than one sector of the fishery, the amount of levy prescribed for the fishing permit is the highest of the amounts specified in Column 3 in Schedule 1 in the items relating to those sectors.

When is levy due and payable?

4. (1) For the purposes of section 110 of the Management Act, levy is due and payable in respect of a fishing permit, except by a previous levy payer:

(a) if the permit is granted before the commencement of these Regulations—on or before 30 June 1995; and

(b) if the permit is granted after the commencement of these Regulations—not more than 21 days after the grant of the permit.

(2) For the purposes of subregulation (1), a “previous levy payer” is the holder of a fishing permit who has paid the amount of levy specified in:

(a) regulation 4 of the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations for endorsement of a fishing licence under the Fisheries Act 1952 that occurred in the period that commenced on 1 July 1994 and ended on 2 February 1995; or

(b) regulation 5 of the Fisheries Levy (East Coast Tuna Longline Fishery) Regulations for endorsement of a fishing licence under the Fisheries Act 1952 that occurred in the period that commenced on 1 July 1994 and ended on 2 February 1995; or

(c) regulation 4 of the Fisheries Levy Regulations for the grant or renewal of a licence under the Fisheries Act 1952 that occurred in the period that commenced on 1 July 1994 and ends on 30 June 1995; or

(d) regulation 3 of the Fishing Levy Regulations for the grant of a fishing permit under the Fisheries Management Act 1991 that occurred in the period that commenced on 1 July 1994 and ends on 30 June 1995.

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SCHEDULE 3 Regulation 2

SUB-AREAS OF THE EAST COAST TUNA FISHERY

PART 1—SUB-AREA 1: HISTORICAL (PELAGIC LONGLINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a)commencing at the intersection of the parallel of Latitude 37° 30 24≤ South with the coastline of the mainland at low water, in the vicinity of the border between the States of New South Wales and Victoria;

(b)then running from there south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(c)then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28 East;

(d)then south along that meridian to its intersection with the parallel of Latitude 9° 54 South;

(e)then south-westerly along the geodesic to the point of Latitude 10° 15 South, Longitude 144° 12 East;

(f)then southerly along the geodesic to the point of Latitude 10° 28 South, Longitude 144° 10 East;

(g)then west along that parallel to its intersection with the meridian of Longitude 142° 31 49≤ East;

(h)then south along that meridian to its intersection of the northern coastline of the mainland at low water, in the vicinity of Cape York;

(i) then south-easterly along that coastline to the intersection of the parallel of Latitude 12° 00 South with the coastline of the mainland at low water in the vicinity of Shelburn Bay;

(j) then east along that parallel to its intersection with the meridian of Longitude 145° 00 East;

(k)then south-easterly along the geodesic to the point of Latitude 14° 00 South, Longitude 147° 00 East;

(l) then south-easterly along the geodesic to the point of Latitude 17° 00 South, Longitude 149° 00 East;

(m) then south along the meridian of Longitude 149° 00 East to its intersection with the parallel of Latitude 18° 00 South;

(n)then east along the parallel of Latitude 18° 00 South to its intersection with the meridian of Longitude 152° 00 East;

(o)then south along the meridian of Longitude 152° 00 East to its intersection with the parallel of Latitude 20° 28 49≤ South;

(p)then west along that parallel to its intersection of the eastern coastline of the mainland at low water, in the vicinity of Proserpine;

(q)then generally southerly along that coastline at low water to the point of commencement.

PART 2—SUB-AREA 2: NORTHERN INSHORE (PELAGIC

LONGLINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a)commencing at the intersection of the eastern coastline of the mainland at low water mark, in the vicinity of Barrenjoey Point, with the parallel of Latitude 33° 35 South;

(b)then running from there east along that parallel to its intersection with the 50 nautical mile line;

(c)then generally southerly along that 50 nautical mile line to its intersection with the parallel of Latitude 37° 53 South;

(d)then south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(e)then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28 East;

(f)then south along that meridian to its intersection with the parallel of Latitude 9° 54 South;

(g)then south-westerly along the geodesic to the point of Latitude 10° 15 South, Longitude 144° 12 East;

(h)then southerly along the geodesic to the point of Latitude 10° 28 South, Longitude 144° 10 East;

(i) then west along that parallel to its intersection with the meridian of Longitude 14° 31 49≤ East;

(j) then south along that meridian to its intersection of the northern coastline of the mainland at low water, in the vicinity of Cape York;

(k)then south-easterly along that coastline to the intersection of the parallel of Latitude 12° 00 South with the coastline of the mainland at low water, in the vicinity of Shelburn Bay;

(l) then east along that parallel to its intersection with the meridian of Longitude 145° 00 East;

(m) then south-easterly along the geodesic to the point of Latitude 14° 00 South, Longitude 147° 00 East;

(n)then south-easterly along the geodesic to the point of Latitude 17° 00 South, Longitude 149° 00 East;

(o)then south along the meridian of Longitude 149° 00 East to its intersection with the parallel of Latitude 18° 00 South;

(p)then east along the parallel of Latitude 18° 00 South to its intersection with the meridian of Longitude 152° 00 East;

(q)then south along the meridian of Longitude 152° 00 East to its intersection with the parallel of Latitude 20° 28 49≤ South;

(r)then west along that parallel to its intersection of the eastern coastline of the mainland at low water, in the vicinity of Proserpine;

(s)then generally southerly along that coastline at low water to the point of commencement.

PART 3—SUB-AREA 3: NORTHERN INSHORE (PURSE

SEINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a)commencing at the point of Latitude 10° 28 South, Longitude 144° 10 East;

(b)then running south along the meridian of Longitude 144° 10 East to its intersection with the parallel of Latitude 10° 41 14≤ South;

(c)then easterly along the geodesic to the point of Latitude 10° 41 South, Longitude 145° 00 East;

(d)then south along the meridian of Longitude 145° 00 East to its intersection with the parallel of Latitude 12° 00 South;

(e)then south-easterly along the geodesic to the point of Latitude 14° 00 South, Longitude 147° 00 East;

(f)then south-easterly along the geodesic to the point of Latitude 17° 00 South, Longitude 149° 00 East;

(g)then south along the meridian of Longitude 149° 00 East to its intersection with the parallel of Latitude 18° 00 South;

(h)then east along the parallel of Latitude 18° 00 South to its intersection with the meridian of Longitude 152° 00 East;

(i) then south along the meridian of Longitude 152° 00 East to its intersection with the parallel of Latitude 20° 28 49≤ South;

(j) then south-easterly along the geodesic to the point of Latitude 21° 00 South, Longitude 152° 55 East;

(k)then south-easterly along the geodesic to the point of Latitude 24° 30 South, Longitude 154° 00 East;

(l) then east along the parallel of Latitude 24° 30 South to the intersection with the 50 nautical mile line;

(m) then west along that parallel to its intersection of the eastern coastline of the mainland at low water, in the vicinity of Baffle Creek;

(n)then generally southerly along that coastline at low water to its intersection with the parallel of Latitude 37° 30 24≤ South, in the vicinity of the border between the States of New South Wales and Victoria;

(o)then south-easterly along the geodesic to the intersection with the outer limit of the Australian fishing zone;

(p)then generally northerly along that outer limit to its intersection with the meridian of Longitude 144° 28 East;

(q)then south along that meridian to its intersection with the parallel of Latitude 9° 54 South;

(r)then south-westerly along the geodesic to the point of Latitude 10° 15 South, Longitude 144° 12 East;

(s)then southerly along the geodesic to the point of commencement.

PART 4—SUB-AREA 4: NORTHERN OFFSHORE (PELAGIC

LONGLINE AND PURSE SEINE)

That part of the Australian fishing zone that is within the area bounded by a line:

(a)commencing at the point of Latitude 10° 28 South, Longitude 144° 10 East;

(b)then running from there south along the meridian of Longitude 144° 10 East to its intersection with the parallel of Latitude 10° 41 14≤ South;

(c)then easterly along the geodesic to the point of Latitude 10° 41South, Longitude 145° 00 East;