EXPLANATORY STATEMENT

Select Legislative Instrument 2009 No. 347

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Regulations 2009

Section 8 of the Fishing Levy Act 1991 (the Levy Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Levy Act. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the regulations. Section 5 of the Levy Act imposes a levy in respect of a fishing concession.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 of the Management Act provides that the levy imposed by the Levy Act is due and payable at a time or times ascertained in accordance with the regulations.

"Fishing concession" is defined under the Levy Act and the Management Act to mean, a fishing permit or a statutory fishing right (SFR). A SFR is defined under the Management Act to mean, among other things, a right to take a particular quantity of fish, or a right to a particular proportion of the fishing capacity that is permitted by or under a plan of management for a fishery.

The Fishing Levy Regulations 2009 (the Regulations) repeal the Fishing Levy Regulations 2008 (No. 2) and replace them with updated provisions. The Regulations set the amounts of levy payable, and the timeframes for when those amounts of levy are due and payable, on fishing concessions for the 2009-10 financial year. Each year the levy regulations are amended in accordance with the financial year budget cycle.

In accordance with government policy and existing legislation, Australian Fisheries Management Authority (AFMA) recovers from the holders of fishing concessions the costs of management attributable to the concession holders’ activities, such as the costs of developing and implementing management arrangements, surveillance costs and costs of running the management advisory committees (MACs). Other costs, such as the costs of prosecutions, are funded by the Australian Government.

AFMA recovers the budgeted management costs together with a research component attached to such levies under the Fisheries Research and Development Corporation Regulations 1991 by calculating and prescribing levies for each fishery.

The levies are calculated on a fishery by fishery basis each year following the reconciliation of the previous year’s levies received and total recoverable costs such that any budget surplus or deficit is carried forward in the levy base.

All of the formally and informally managed fisheries for which regulations have been made are listed at Attachment A.

Attachment B outlines the reasons for the changes to rates for levies in 2009-10.

Details of the Regulations, including rates of levy and when the levy is due and payable, are set out in Attachment C.

Regulatory Impact Statement

The Office of Best Practice Regulation (OBPR) advised AFMA that a Regulation Impact Statement was not required for the Regulations (ID 10847). The amendments are of a minor or machinery nature and do not substantially alter existing arrangements.

Consultation with fishery stakeholders

The budgets on which the rates of levy for each fishery are based were prepared with advice from MACs established under section 54 of the Fisheries Administration Act 1991 to facilitate industry input into the performance of the Agency’s powers and functions.

This year’s budget consultation also included the revision of the cost recovery impact statement (CRIS). All stages of the budget preparation were developed in consultation with the peak industry body, the Commonwealth Fisheries Association (CFA). AFMA’s CRIS describes what costs are taxpayer funded and what costs should be recovered from the fishing industry.

As required by the Government’s Cost Recovery Policy, AFMA commenced a review of its CRIS in 2008 and wrote to stakeholders seeking comments on a revised CRIS in January 2009. While some comments were received, most stakeholders requested further information on financial impact for each fishery.

AFMA wrote to the Chair of each MAC and the CFA in April 2009 providing draft budgets for 2009-10 under both the current and revised versions of the CRIS. While the total cost recovered impost remained the same under both versions, the principles in the revised CRIS led to changes to costs across fisheries. Industry stakeholders expressed some concern regarding the application of costs and as a result AFMA agreed to defer introduction of the revised CRIS for twelve months to enable these concerns to be considered and, where possible, resolved.

The final budgets for 2009-10 were based on the existing CRIS and adjusted where necessary to incorporate the capital costs of AFMA’s new licensing systems and the changes agreed with the relevant MACs.

While the total recoverable amount of AFMA funding has decreased by three per cent from 2008-09, the total amount to be recovered through management levies from industry in 2009-10 has increased. This is because the Securing our Fishing Future levy offset ceased at the end of 2008-09 (the levy offset was $7 million in 2006-07, $5 million in 2007-08 and $3 million in 2008-09). Attachment B outlines the reasons for the increase in management levies in 2009-10.

Neither the Levy Act nor the Management Act specifies any conditions that must be met before the power to make the Regulations could be exercised.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

ATTACHMENT A

The following fisheries are described in regulation 4B of the Management Regulations:

(a) the Coral Sea Fishery;

(b) the North West Slope Trawl Fishery; and

(c) the Western Deepwater Trawl Fishery.

 

The following fisheries are described in plans of management which have been determined in accordance with section 17 of the Management Act:

(a) the Bass Strait Central Zone Scallop Fishery — see the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S422 of 7 November 2002);

(b) the Eastern Tuna and Billfish Fishery — see the Eastern Tuna and Billfish Fishery Management Plan 2005 (notified in Gazette No. S176 of 24 October 2005);

(c) the Heard Island and McDonald Islands Fishery — see the Heard Island and McDonald Islands Fishery Management Plan 2002 (notified in Gazette No. GN 21 of 29 May 2002);

(d) the Macquarie Island Toothfish Fishery – see the Macquarie Island Toothfish Fishery Management Plan 2006 (notified in Gazette No. 21 of 31 May 2006);

(e) the Northern Prawn Fishery — see the Northern Prawn Fishery Management Plan 1995 (notified in Gazette No. S49 of 10 February 1995);

(f) the Southern and Eastern Scalefish and Shark Fishery — see the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (notified in Gazette No. GN39 of 1 October 2003);

(g) the Southern Bluefin Tuna Fishery — see the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995);

(h) the Southern Squid Jig Fishery — see the Southern Squid Jig Fishery Management Plan 2005 (notified in Gazette No. S72 of 28 April 2005); and

(i) the Western Tuna and Billfish Fishery — see the Western Tuna and Billfish Fishery Management Plan 2005 (notified in Gazette No. S176 of 24 October 2005).

An additional category is the ‘Informally Managed Fisheries’, which is managed by AFMA under the Management Regulations, but for which there is no management plan, and therefore to which regulation 4B of those Regulations does not apply.

 

ATTACHMENT B

REASONS FOR THE INCREASE IN MANAGEMENT LEVIES IN 2009-10

The budgets on which the rates of levy for each fishery were based were prepared in consultation with either the relevant management advisory committee (MAC) established by AFMA for the fishery or the consultative body that AFMA liaises with when consulting about management of the fishery. This year consultation also included the revision of the cost recovery impact statement (CRIS). All stages of the budget preparation were developed in consultation with the peak industry body the Commonwealth Fisheries Association (CFA).

In December 2005, the Australian Government announced that $15 million ($7m in 2006-07, $5m in 2007-08 and $3m in 2008-09) would be given to AFMA as a levy subsidy to reduce AFMA management levies in 2006-07, 2007-08 and 2008-09 as part of the Australian Government’s Securing Our Fishing Future package. This levy subsidy ended in 2008-09 financial year. AFMA were conscious of the impact of the end of the subsidy on concession holders and have maintained industry costs at the 2005-06 financial year level. The total amount to be recovered for AFMA management levies (excluding the research contribution to the Fisheries Research and Development Corporation) will be $11.4m, which is an increase of $3.4m or 43 per cent on the actual levies collected in 2008-09. The main reason for the increase is the lapsing of the levy subsidy that has been in place for the last three years.

The amount to be recovered for each fishery may vary substantially between years due to three main factors: changes in management and research priorities for each fishery; adjustment for prior year over/under collections; and the lapsing of the levy subsidy of $3m that was provided for the 2008-09 financial year.

The overall impact of these adjustments to AFMA’s cost recovery arrangements for 2009-10 has been:

	2008-09	2009-10	Difference
	$’000s	$’000s	$’000s	%
Fishery budgets*	12,885	12,484	(401)	-3%
Prior year (over)/under recoveries	(1,916)	(1,095)	820	43%
Levy subsidy	(3,000)	-	3,000	N/A
Amount to be recovered	7,968	11,388	3,420	43%

* The fishery budgets for 2008-09 were adjusted where necessary to take into account the carry forward of research projects and savings from an exemption from state payroll tax.

The total budgeted amount to be recovered from industry prior to adjustments has reduced by $0.4m or -3 per cent. However, reduction in carryover of unspent funds and lapsing of the levy subsidy results in levy increases of $3.4m or 43 per cent. Due to the factors outlined above, the impact of this increase may vary substantially across the various AFMA managed fisheries.

 

Overall increases were:

 

• Bass Strait Scallop Fishery

There is a 178 per cent increase in the total levy amount to be recovered in 2009-10 ($294,978 up from $105,918). The increase is due to the end of the levy subsidy (which had reduced the 2008-09 levy base by $38,604) and additional management, research, licensing and travel costs associated with the reopening of the fishery in June 2009.

 

• Coral Sea Fishery

There is a 16 per cent increase in the total levy amount to be recovered in 2009-10 ($168,164 up from $145,189 in 2008-09). The increase is due to the end of the levy subsidy (which had reduced the 2008-09 levy base by $40,629) however, the pre-subsidy levy base has decreased by 10 per cent.

 

• Eastern Tuna and Billfish Fishery

There is a 93 per cent increase in the total amount to be recovered in 2009-10 ($1,984,665 up from $1,026,043). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $610,662. This also reflects a return to normal budgeting arrangements after a large reduction (31 per cent) in the levy base in the previous year due to savings in the preceding year.

 

• Heard Island and McDonald Islands Fishery

There is a 72 per cent increase in the total amount to be recovered in 2009-10 ($669,239 up from $389,840). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $109,090. The majority of the other part of the increase is a result of the timings of payments for the industry survey and other research, which has been endorsed by industry.

 

• Macquarie Island Toothfish Fishery

There is a 93 per cent increase in the total amount to be recovered in 2009-10 ($243,653 up from $125,961). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $35,248. The majority of the other part of the increase is a result of the timings of payments for the industry survey and other research, which has been endorsed by industry.

 

·        Northern Prawn Fishery

There is a 54 per cent increase in the total amount to be recovered in 2009-10 ($1,504,213 up from $974,020). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $493,995.

 

 

 

 

·        North West Slope Trawl Fishery

There is a 30 per cent increase in the total amount to be recovered in 2009-10 ($121,039 up from $93,022). The increase in the levy to be recovered is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $26,031.

·        Small Pelagic Fishery

There is a 28 per cent increase in the total amount to be recovered in 2009-10 ($527,114 up from $411,286). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $118,077.

 

·        Southern and Eastern Scalefish and Shark Fishery (East Coast Deepwater Trawl Sector)

There is a 31 per cent increase in the total amount to be recovered in 2009-10 ($34,703 up from $26,430). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $15,355, however, the pre-subsidy levy base has decreased by 17 per cent.

 

·        Southern and Eastern Scalefish and Shark Fishery (Great Australian Bight Sector)

There is a 15 per cent increase in the total amount to be recovered in 2009-10 ($328,243 up from $284,792). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $79,695.

 

·        Southern and Eastern Scalefish and Shark Fishery (Gillnet Hook and Trap sector)

There is a 57 per cent increase in the total amount to be recovered in 2009-10 ($1,392,389 up from $887,128). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $311,700.

·        Southern and Eastern Scalefish and Shark Fishery (Victorian Inshore Trawl sector)

There is a 248 per cent increase in the total amount to be recovered in 2009-10 ($31,538 up from $9,073). The increase is due to the end of the levy subsidy and prior year acquittals which had reduced the 2008-09 levy base by $4,497.

 

·        Southern and Eastern Scalefish and Shark Fishery (South East Trawl sector)

There is a 12 per cent increase in the total amount to be recovered in 2009-10 ($2,204,962 up from $1,969,853). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $659,670 however, the pre-subsidy levy base has decreased by 16 per cent.

 

·        Southern Bluefin Tuna Fishery

There is a 26 per cent increase in the total amount to be recovered in 2009-10 ($1,238,832 up from $980,453). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $274,364.

 

·        Southern Squid Fishery

There is a 61 per cent increase in the total amount to be recovered in 2009-10 ($163,554 up from $101,409). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $40,545.

 

 

·        Western Tuna and Billfish Fishery

There is a 25 per cent increase in the total amount to be recovered in 2009-10 ($388,808 up from $310,495). The increase is due to the end of the levy subsidy which had reduced the 2008-09 levy base by $106,188 however, the pre-subsidy levy base has decreased by 7 per cent.

 

ATTACHMENT C

DETAILS OF THE FISHING LEVY REGULATIONS 2009.

Part 1 Preliminary

Regulation 1­ – Name of Regulations

This regulation provides for the Regulations to be cited as the Fishing Levy Regulations 2009 (the Regulations).

Regulation 2 – Commencement

This regulation provides that the Regulations commence on the day after they are registered in the Federal Register of Legislative Instruments.

Regulation 3 – Repeal

This regulation repeals the Fishing Levy Regulations 2008 (No. 2).

Regulation 4 – Interpretation

This regulation defines terms used in the Regulations. In particular, subregulation 4(1) defines:

·        'invoice date" for levy or an instalment of levy, means the date specified as its date of issue on the invoice generated by the Australian Fisheries Management Authority (AFMA) for the levy or instalment;

·        "Levy Act" to mean the Fishing Levy Act 1991;

·        "Management Act" to mean the Fisheries Management Act 1991;

·        "Management Regulations" to mean the Fisheries Management Regulations 1992; and

·        "SFR" is an acronym of statutory fishing right.

Subregulation 4(2) provides that unless the contrary intention appears, any words or expressions used in the Regulations and in the Management Regulations have the same meaning in the Regulations as in the Management Regulations.

Subregulation 4(3) provides that an expression that is used in the Regulations in relation to a fishery, for which there is a plan of management made under section 17 of the Management Act, and is also used in that plan, has the same meaning in the Regulations as in the plan, unless a contrary intention appears.

Regulation 5 – References to fisheries

This regulation provides that, where the Regulations use the name of a fishery corresponding to one described in the Management Regulations or in a plan of management, the reference is to the fishery described by those Regulations or that plan. This ensures that levy provisions in the Regulations apply to areas consistent with those covered by other management arrangements.

Attachment A to this Explanatory Statement lists all the fisheries in this that are currently subject to the Management Regulations with the exception of the Christmas Island and Cocos (Keeling) Islands Fishery, which is managed by the Australian Government Department of Infrastructure, Transport, Regional Development and Local Government, and the pelagic longline sector which is managed under the relevant Commonwealth tuna fishery.

Attachment A to this Explanatory Statement also lists all the fisheries currently managed under a plan of management determined under section 17 of the Management Act.

Part 2 Bass Strait Central Zone Scallop Fishery

Regulation 6 – Definition —leviable BSCZSF COM SFR

This regulation defines a term used in the Part.

Regulation 7 – Amount of levy

This regulation sets the levy payable for a Bass Strait Central Zone Scallop Fishery (BSCZSF) commercial scallop quota SFR in force on or after 1 January 2010 as $0.65. The levy includes a research component of $0.01 per SFR.

Table 1: Comparison of the BSCZSF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	223,708	344,000	120,292	54%
Prior year (over)/under recoveries	(79,186)	(49,022)	30,164	-38%
Levy subsidy	(38,604)	-	38,604	0%
Amount payable	105,918	294,978	189,060	178%

There has been a 178 per cent increase in the levy for 2009-10. This increase is due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package and additional management, research, licensing and travel costs associated with the reopening of the fishery in June 2009. Consequently there has been an increase in the levy base of $189,060.

 

To calculate the levy payable for each commercial scallop quota SFR the research component of $2,908 is added to the total management levy to be collected ($294,978) and then divided by the number of commercial scallop quota SFRs in the fishery (455,000).

 

Regulation 8 – When levy must be paid

 

This regulation provides that levy is payable on 29 January 2010 or 28 days after the invoice date for the levy, whichever is later.

Part 3 Coral Sea Fishery

Regulation 9 – Definition — leviable CSF fishing permit

This regulation defines a term used in the Part.

Regulation 10 – Amount of levy

This regulation sets the levy payable for a Coral Sea Fishery (CSF) fishing permit in force on or before 30 June 2010.

The levy is made up of two components: a base amount (Tier 1) levy plus an additional amount (Tier 2) for each sector of the fishery to which the permit provides access to. Tier 1 levy covers costs incurred equally across each fishing sector. The differential rates of Tier 2 levy have been calculated to reflect the management costs, including observers, compliance, logbook and data processing costs incurred in relation to each sector of the fishery. The Tier 1 levy is $3,716.83 for each permit and includes an Fisheries Research and Development Corporation (FRDC) component of $110.83. The Tier 2 amounts per permit are:

·         for the aquarium fish sector - $560.78;

·         for the lobster and/or trochus sectors - $788.73;

·         for the line and trap sector - $7,997.49;

·         for the trawl and trap sector - $10,299.90; and

·         for the sea cucumber sector - $6,938.34.

 

Table 2: Comparison of the CSF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	209,678	227,000	17,322	8%
Prior year (over)/under recoveries	(23,860)	(58,836)	(34,976)	147%
Levy subsidy	(40,629)	-	40,629	0%
Amount payable	145,189	168,164	22,975	16%

 

The 2009-10 levy base has increased by $22,975, which represents a 16 per cent increase above the 2008-09 levy base. The increase is attributable to the cessation of the Australian Government’s levy subsidy under the Securing Our Fishing Future initiative, which had offset the previous year’s levy base by $40,629.

Regulation 11 – When levy must be paid

This regulation provides that levy is payable on 31 March 2010 or 28 days after the invoice date for the levy, whichever is the later.

 

Part 4 Eastern Tuna and Billfish Fishery

Regulation 12 – Definitions

This regulation defines terms used in the Part.

Regulation 13 – Amount of levy

This regulation sets:

·         the levy payable for an Eastern Tuna and Billfish Fishery (ETBF) boat permit in force on 1 January 2010 is $2,325.41;

·         the levy payable for an ETBF longline SFR is $1.45; and

·         the levy payable for an ETBF minor line SFR is $2,325.41.

The change in management from effort to catch has resulted in a different method of calculation and collection of levies. Management of the fishery through catches requires different monitoring and compliance arrangements than management of the fishery through effort, thus changes in cost structure. The Eastern Tuna and Billfish Fishery Management Plan 2005 (the ETBF Plan) came into full effect on 1 November 2009 replacing fishing permits with a system of SFRs and boat permits.

Under the ETBF Plan the ETBF is divided into two sectors; the Coral Sea Zone and the balance of the fishery. To fish in the fishery a person needs either:

·         boat permit and longline SFRs;

·         boat permit and Coral Sea Zone permit and longline SFRs; or

·         minor line SFR.

There is a two tiered system for the payment of levies in the fishery. Tier 1 represents the fixed costs of managing the fishery and the research component. These costs are divided equally between each boat permit and minor line SFR. Tier 2 represents the costs which are variable depending on the level of fishing effort, such as compliance and observers. These costs are divided equally between each longline SFR. Additionally, operators who wish to fish in the Coral Sea Zone of the fishery are required to hold a boat permit and a Coral Sea Zone permit. No separate charge is made for a Coral Sea Zone permit.

The amounts payable per permit are:

·        boat permit $2,325.41

·        minor line SFR $2,325.41; and

·        longline SFR $1.45.

Table 3: Comparison of the ETBF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	2,365,569	2,013,000	(352,569)	-15%
Prior year (over)/under recoveries	(728,864)	(28,335)	700,529	-96%
Levy subsidy	(610,662)	-	610,662	0%
Amount payable	1,026,043	1,984,665	958,622	93%

There has been a large increase in the ETBF levy base for 2009-10. This is a reflection of two factors; the end of the levy subsidy arrangements and a return to normal budgeting arrangements after a large reduction (of 31 per cent) in the levy base in the previous year. In 2008-09 there was a reduction as a result of large savings in the 2007-08 budget. This resulted in under expenditure of $728,864 being credited to the 2008-09 financial year. The raw figures (prior to the application of any credit carry over) show a reduction in the actual cost of management of the fishery of $352,569 or 15 per cent.

Regulation 14 – When levy must be paid

This regulation provides that levy is payable either in full or in two equal instalments. Either the full amount or the first instalment is payable by the later of 29 January 2010 or 28 days after the invoice date for the instalment. The second instalment, if any, is payable by the later of 10 April 2010 or 28 days after the invoice date for the instalment.

Part 5 Heard Island and McDonald Islands Fishery

Regulation 15 – Definition — leviable HIMI SFR

This regulation defines a term used in the Part.

Regulation 16 – Amount of levy

This regulation sets the levy payable for a Heard Island and McDonald Islands (HIMI) Fishery quota SFR in force on the commencement of the Regulations as $12.35. The levy includes a research component of $1.20 per SFR.

Table 4: Comparison of the HIMI Fishery levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	472,371	850,000	377,629	80%
Prior year (over)/under recoveries	26,559	(180,761)	(207,320)	-781%
Levy subsidy	(109,090)	-	109,090	0%
Amount payable	389,840	669,239	279,399	72%

There has been a 72 per cent increase in the levy base for 2009-10, compared to the levy base for 2008-09. This is partly due to the levy subsidy being ceased, which was $109,090 in 2008-09. The majority of the other part of the increase is primarily a result of the timings of payments for the industry survey and other research, which has been endorsed by industry. In 2009-10, $480,479 is payable for research compared to $194,852 in 2008-09.

There was a saving of $180,761 from 2008-09 which has been carried over to 2009-10. Significant savings were made in the observer budget where more funds were collected as fee for service than was anticipated during the financial year.

To calculate the levy payable for each SFR, the research component ($72,000) is added to the total management levy to be collected ($669,239) and then divided by the number of commercial SFRs in the fishery (60,000).

Regulation 17 – When levy must be paid

This regulation provides that a levy is payable either in full or in two equal instalments. Either the full amount or the first instalment of the levy is payable by 16 March 2010 or 28 days after the invoice date for the instalment, whichever is later. The second instalment, if any, is payable by 15 June 2010 or 28 days after the invoice date for the instalment, whichever is later.

Part 6 Informally Managed Fishing (IMF) Permits

See part 10 Small Pelagic Fishery (SPF). All IMF permit levies are collected under the SPF.

Part 7 Macquarie Island Toothfish Fishery

Regulation 21 – Definition — leviable MITF SFR

This regulation defines a term used in the Part.

Regulation 22 – Amount of levy

This regulation sets the levy payable for a Macquarie Island Toothfish Fishery (MITF) quota SFR in force on the commencement of the Regulations as $12.68. The levy includes a research component of $0.50 per SFR.

Table 5: Comparison of the MITF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	129,158	182,000	52,842	41%
Prior year (over)/under recoveries	32,051	61,653	29,602	92%
Levy subsidy	(35,248)	-	35,248	0%
Amount payable	125,961	243,653	117,692	93%

There has been a 93 per cent increase in the levy base for 2009-10, compared to the levy base for 2008-09. This is partly due to the levy subsidy being ceased, which was $35,248 in 2008-09. The majority of the other part of the increase is primarily a result of the timing of research payments, which has been endorsed by industry. In 2009-10, $55,568 is payable for research compared to $24,134 in 2008-09.

Additionally there was an over-expenditure of $61,653 in the fishery in 2008-09. This was a result of the inclusion of the stock assessment research work ($47,162) in the budget. This additional spending was supported by industry. There was also an additional $9,778 spent on observers as a result of increased fishing activity in the fishery.

To calculate the levy payable for each SFR, the research component ($10,078) is added to the total management levy to be collected ($243,653) and then divided by the number of commercial SFRs in the fishery (20,000).

Regulation 23 – When levy must be paid

This regulation provides that levy is payable either in full or in two equal instalments. Either the full amount of the first instalment is payable by 1 February 2010 or 28 days after the invoice date for the instalment, whichever is later. The second instalment, if any, is payable by 1 April 2010 or 28 days after the invoice date for the instalment, whichever is later.

 

Part 8 Northern Prawn Fishery

Regulation 24 – Definition — leviable NPF gear SFR

This regulation defines a term used in the Part.

Regulation 25 – Amount of levy

This regulation sets the levy payable for a Northern Prawn Fishery (NPF) gear SFR as $47.47. The levy includes a research component of $5.07 per gear SFR.

 

Table 6: Comparison of the NPF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	2,166,087	1,761,000	(405,087)	-19%
Prior year (over)/under recoveries	(698,072)	(256,787)	441,285	-63%
Levy subsidy	(493,995)	-	493,995	0%
Amount payable	974,020	1,504,213	530,193	54%

The management levy collectable is $1,504,213 representing an increase of 54 per cent from the amount payable in 2008-09 ($974,020). The amount to be recovered has increased because there is no levy subsidy in 2009-10. The levy subsidy in 2008-09 was $493,995.

 

To calculate the levy payable for each NPF gear SFR the research component ($179,803) is added to the total management levy to be collected ($1,504,213) and then divided by the number of commercial fishery gear SFRs in the fishery (35,479).

Regulation 26 – When levy must be paid

This regulation provides that levy is payable on 29 January 2010 or 28 days after the invoice date for the levy, which ever is the later.

 

Part 9 North West Slope Fishery

Regulation 27 – Definition — leviable NWSF fishing permit

This regulation defines a term used in the Part.

Regulation 28 – Amount of levy

This regulation sets the levy payable for a North West Slope Fishery (NWSF) permit as $17,557. The levy includes a research component of $265.71 per permit.

Table 7: Comparison of the NWSF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	129,411	117,000	(12,411)	-10%
Prior year (over)/under recoveries	(10,358)	4,039	14,397	-139%
Levy subsidy	(26,031)	-	26,031	0%
Amount payable	93,022	121,039	28,017	30%

The management levies collectable is $121,039 representing an increase of 30 per cent from the amount payable in 2008-09 ($93,022). The amount to be recovered has increased because there is no levy subsidy for 2009-10, as well as higher than predicted salary costs as a consequence of the on-going negotiations with Western Australia on the Offshore Constitutional Settlement the fishery.

 

To calculate the levy payable for each NWSF permit, the research component ($1,860) is added to the total management levy to be collected ($121,039) and then divided by the number of commercial NWSF permits in the fishery (7).

Regulation 29 – When levy must be paid

This regulation provides that the levy is payable on 29 January 2010 or 28 days after the invoice date for the levy, which ever is the later.

 

Part 10 Small Pelagic Fishery

Regulation 18 – Definitions and Regulation 30 – Definition — leviable SPF fishing permit

These regulations define terms used in these Parts.

Regulation 19 – Amount of levy

This regulation sets the levy payable for an IMF permit in force on or after the date these Regulations come into effect and on or before 3 March 2010 as $6,967. The levy includes a research component of $31 per permit.

Regulation 31 – Amount of levy

This regulation sets the levy payable for a SPF fishing permit in force on or after the date these Regulations come into effect and on or before 3 March 2010 as $6,967. The levy includes a research component of $31 per permit.

In July 2006 AFMA decided to manage activities authorised by IMF permits under the proposed SPF Management Plan. As a result management of the SPF has been expanded to take into account IMF permits. Work has been undertaken since then to revise the draft SPF Management Plan, review the allocation provisions for the fishery and to develop a harvest strategy that incorporates IMF activities.

Table 8: Comparison of the SPF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	383,269	517,000	133,731	35%
Prior year (over)/under recoveries	146,094	10,114	(135,980)	-93%
Levy subsidy	(118,077)	-	118,077	0%
Amount payable	411,286	527,114	115,828	28%

The levy base for the SPF has increased 28 per cent following the conclusion of the levy subsidy program. There have been increases in the industry component of the 2009-10 budget to cover: i) licensing costs to implement SFRs; ii) amortisation of GoFish and Pisces systems; and iii) research costs to provide annual fishery assessments required under the Harvest Strategy.

 

To calculate the levy payable for each IMF permit and SPF permit, the total management levy owing for the SPF ($527,114 in addition to a research component of $2,378) is divided by the number of SPF and IMF permits (76).

Regulation 20 – When levy must be paid and Regulation 32 – When levy must be paid

These regulations provide that the levy is payable on 31 March 2010 or 28 days after the invoice date for the levy, which ever is the later.

Part 11 Southern and Eastern Scalefish and Shark Fishery

Regulation 33 – Interpretation

This regulation defines the terms used in the Part.

The Southern and Eastern Scalefish and Shark Fishery (SESSF) incorporates the management of the previously individually managed East Coast Deepwater Trawl Fishery (ECDT); the Great Australian Bight Trawl Fishery (GABT); the Gillnet Hook and Trap Fishery (GHT); the South East Trawl Fishery (SET); and the Victorian Coastal Waters Sector (VCW) under a single management framework (the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Management Plan)).

Under the SESSF Management Plan the different sectors are managed under a system of SFRs and permits.

At industry’s request the total budget for the SESSF fishery continues to be set in terms of the previous individually managed fisheries. As a result the SESSF budget is a combined total of the ECDT, GABT, GHT, SET, and VCW budgets. It should be noted however, that while the Fishing Levy Regulations 2009 detail levy information by sector permits, boat SFRs and quota SFRs, this section discusses the levy amounts to be collected in terms of individual fishery budgets with a view to explaining proposed increases or decreases in levy.

Levy amounts for quota species are calculated based on the gross value of production (GVP) for each species in a method supported by the Management Advisory Committee (MAC). Each quota species attracts a proportion of the levy base according to the GVP for that species, with the proportion being that species’ GVP contribution to the total GVP for all quota species (see Table 12 and Table 13).

Subregulations 40(3) and 51(3) provide that all SESSF levies mentioned in subregulations 34(2), 35(2), 36(2), 37(2), 38(2), 39(2), 44(3), 45(2), 46(2), 47(2), 48(2), 49(2) and 50(2) are due and payable either in full or in two equal instalments. Subregulations 40(5) and 51(5) provide that either the full amount or the first instalment is payable by 29 January 2010 or 28 days after the invoice date for the instalment, whichever is later. Subregulations 40(5) and 51(5) also provide that the second instalment, if any, is payable by 16 April 2010 or 28 days after the invoice date for the instalment, whichever is later.

·        East Coast Deepwater Trawl Sector (ECDT)

Subregulation 34 (1) defines a term used in the Part.

Subregulation 34(2) sets the levy payable for a SESSF ECDT fishing permit in force on or after 1 January 2010 and on or before 30 April 2010 as $3,498.22. The levy includes a research component of $28 per permit.

Table 9: Comparison of the ECDT levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	36,935	33,000	( 3,935)	-11%
Prior year (over)/under recoveries	4,850	1,703	( 3,147)	-65%
Levy subsidy	( 15,355)	-	15,355	0%
Amount payable	26,430	34,703	8,273	31%

The levy base has increased by 31 per cent due to the expiration of the levy subsidy (from the Australian Government’s Securing Our Fishing Future package) and expenditure that is better aligned with the approved budget, through more precise budgetary processes. This has resulted in less annual under/over expenditures carried forward from the previous year.

 

To calculate the levy payable for each ECDT permit the research component ($279) is added to the total management levy to be collected ($34,703) and then divided by the number of commercial ECDT permits in the fishery (10).

·        Great Australian Bight Trawl Sector (GABT)

Subregulations 36(1) and 41(1) define terms used in the Part.

Subregulation 45(2) sets the levy payable for a GABT boat SFR in force on or after 1 January 2010 as $31,743.45. The total levy base for the fishery is $349,419 and includes a research component of $21,176. Levy amounts for quota species are listed in tables 12 and 13.

 

Table 10: Comparison of the GABT levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	564,897	403,000	(161,897)	-29%
Prior year (over)/under recoveries	(200,410)	(74,757)	125,653	-63%
Levy subsidy	(79,695)	-	79,695	0%
Amount payable	284,792	328,243	43,451	15%

The levy base has increased by 15 per cent, due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package, and expenditure that is better aligned with the approved budget, through more precise budgetary processes. This has resulted in less annual under/over expenditures carried forward from the previous year.

Paragraph 40(1)(c) sets the levy payable for a SESSF GABT quota species fishing permit in force on or after 1 January 2010 and on or before 20 April 2010. Paragraph 45(2) sets the levy payable for a SESSF GABT boat SFR in force on 1 January 2010. SESSF GABT quota species fishing permits authorise the take of shark species that are managed under a quota system consistent with the Gillnet Hook and Trap Fishery and South East Trawl Fishery.

 

·        Gillnet Hook and Trap Sector (GHT)

 

Subregulations 35(1), 37(1), 39(1), 40(1), 41(1), 42, 43(1), 44(1), 46(1), 47(1), 48(1), 50(1) and 51(1) define terms used in their respective regulations.

 

Levies relating to the GHT sector of the SESSF are set out as follows:

 

·        SESSF Gillnet boat SFR (subregulation 46(2));

·        SESSF Scalefish hook boat SFR (subregulation 47(2)); and

·        SESSF Shark hook boat SFR (subregulation 48(2)).

 

where the relevant SFR is in force on 1 January 2010; and

 

·        SESSF SEQ species fishing permit (subregulation 35(2));

·        SESSF GHT coastal waters fishing permit (subregulation 37(2)); and

·        SESSF GHT trap fishing permit (subregulation 39(2)).

Levy payable for a: Gillnet boat SFR $2,222.65; Scalefish hook boat SFR $5,220.26; Shark hook boat $2,222.65; GHT trap fishing permit $5,220.26 and GHT fishing permit $2,222.65. The total levy base for the fishery is $1,454,599 and includes a GHT research component of $62,210. Table 12 and 13 shows levy amounts for quota species.

Table 11: Comparison of the GHT levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget*	1,472,115	1,589,000	116,885	8%
Prior year (over)/under recoveries	(273,287)	(196,611)	76,676	-28%
Levy subsidy	(311,700)	-	311,700	0%
Amount payable	887,128	1,392,389	505,261	57%

The levy base has increased by 57 per cent, due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package, and expenditure that is better aligned with the approved budget, through more precise budgetary processes. This has resulted in less annual under/over expenditures carried forward from the previous year.

Table 12: Levy on quota species attached to permits

Species	Total Levy Amount including FRDC levy (for each quota unit on Fishing Permit 2009/10)	FRDC Levy Amount (for each quota unit on Fishing Permit 2009/10)
School shark	$0.1342	$0.0115
Gummy shark	$0.2895	$0.0185
Sawshark	$0.1573	$0.0057
Elephant fish family	$0.0993	$0.0057

 

Table 13: Levy on quota SFR species

Species	Total Levy amount including FRDC levy (per quota SFR) Total 2009-10	FRDC levy amount (per quota SFR) Total 2009-10
Bight redfish	$0.0081	$0.0081
Blue eye trevalla	$0.1308	$0.0126
Blue grenadier	$0.1193	$0.0066
Blue warehou	$0.0272	$0.0007
Deepwater flathead	$0.0041	$0.0041
Flathead	$0.1845	$0.0103
Gemfish (eastern sector)	$0.0785	$0.0043
Gemfish (western sector)	$0.0554	$0.0031
Jackass morwong	$0.0498	$0.0027
John dory	$0.1758	$0.0098
Mirror dory	$0.0829	$0.0046
Ocean perch	$0.0802	$0.0044
Orange roughy (Albany and Esperance)	$0.0045	$0.0045
Orange roughy (Cascade Plateau zone)	$0.0172	$0.0010
Orange roughy (eastern zone)	$0.0054	$0.0003
Orange roughy (southern zone)	$0.0002	$0.0000
Orange roughy (western zone)	$0.0029	$0.0002
Pink ling	$0.2400	$0.0188
Redfish	$0.0566	$0.0031
Royal red prawn	$0.0307	$0.0017
School whiting	$0.0221	$0.0012
Silver trevally	$0.0399	$0.0020
Spotted warehou	$0.1732	$0.0095

 

·        Victorian Coastal Waters Sector (VCW)

Subregulation 38(1) defines a term used in this part.

Subregulation 38(2) sets the levy payable for a SESSF VCW fishing permit in force on or after 1 January 2010 and on or before 30 April 2010 as $1,504.40. The levy includes a research component of $70.84.

Table 14: Comparison of the VCW levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget*	26,646	32,000	5,354	20%
Prior year (over)/under recoveries	(13,076)	(462)	12,614	-96%
Levy subsidy	(4,497)	-	4,497	0%
Amount payable	9,073	31,538	22,465	248%

The levy base has increased by 248 per cent, due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package, and expenditure that is better aligned with the approved budget, through more precise budgetary processes. This has resulted in less annual under/over expenditures carried forward from the previous year.

 

To calculate the levy payable for each VCW permit, the research component ($1,559.00) is added to the total management levy to be collected ($31,538), and then divided by the number of commercial VCW permits in the sector (22).

 

·        South East Trawl Sector (SET)

Subregulation 35(1), 40(1)(b), 41(1), 43(1), 44(1), 49(1), 50(1) and 51(1) defines terms used in the Part.

Subregulation 49(2) sets the levy payable for a SESSF trawl boat SFR in force on 1 January 2010 as $5,999.68. The total levy base for the fishery is $2,314,019 and includes a SET research component of $109,057. Levy amounts for quota species are the same as those listed in Table 11.

Table 15: Comparison of the SET levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	2,736,429	2,488,000	( 248,429)	-9%
Prior year (over)/under recoveries	(106,906)	(283,038)	(176,132)	165%
Levy subsidy	(659,670)	-	659,670	0%
Amount payable	1,969,853	2,204,962	235,109	12%

The levy base has increased by 12 per cent, due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package, and expenditure that is better aligned with the approved budget, through more precise budgetary processes. This has resulted in less annual under/over expenditure carried forward from the previous year.

 

To calculate the levy payable for each SESSF trawl boat SFR the research component is added to the total management levy to be collected and then divided by the number of commercial SESSF trawl boat SFRs in the fishery.

 

Part 12 Southern Bluefin Tuna Fishery

Regulation 52 – Definition — leviable SBTF SFR

This regulation defines a term used in the Part.

Regulation 53 – Amount of levy

This regulation sets the levy payable for a Southern Bluefin Tuna Fishery (SBT) SFR in force on or after 15 January 2010 as $0.2540. The levy includes a research component of $0.0213.

Table 16: Comparison of the SBT levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget*	1,184,056	1,223,000	38,944	3%
Prior year (over)/under recoveries	70,761	15,832	(54,929)	-78%
Levy subsidy	(274,364)	-	274,364	0%
Amount payable	980,453	1,238,832	258,379	26%

The levy base has increased by 26 per cent, due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package.

To calculate the levy payable, for each SBT SFR, the research component ($113,363) is added to the total management levy to be collected ($1,238,832) and then divided by the number of commercial SBT SFRs in the fishery (5,324,422).

Regulation 54 – When levy must be paid

This regulation provides that levy is payable on 11 February 2010, or within 28 days after the invoice date for the instalment, whichever is later.

Part 13 Southern Squid Jig Fishery

Regulation 55 – Definition — leviable SSJF gear SFR

This regulation defines a term used in the Part.

Regulation 56 – Amount of levy

This regulation sets the levy for each gear SFR in the Southern Squid Jig Fishery (SSJF) in force on 1 January 2010 as $28.45. The levy includes a research component of $0.25 per SFR.

Table 17: Comparison of the SSJF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	180,173	177,000	( 3,173)	-2%
Prior year (over)/under recoveries	( 38,219)	( 13,446)	24,773	-65%
Levy subsidy	( 40,545)	-	40,545	0%
Amount payable	101,409	163,554	62,145	61%

The levy base has increased by 61 per cent, due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package, and expenditure that is better aligned with the approved budget, through more precise budgetary processes. This has resulted in less annual under/over expenditures carried forward from the previous year.

 

To calculate the levy payable, for each gear SFR, the research component ($1,446) is added to the total management levy to be collected ($163,554) and then divided by the number of commercial gear SFRs in the fishery (5,800).

Regulation 57 – When levy must be paid

This regulation provides that levy for the fishery is payable on the later of 27 February 2010 or 28 days after the invoice date for the levy.

Part 14 Western Deepwater Trawl Fishery

Regulation 58 – Definition — leviable WDWTF fishing permit

This regulation defines a term used in the Part.

Regulation 59 – Amount of levy

This regulation sets the levy payable for a Western Deepwater Trawl fishery (WDWTF) fishing permit in force on or after the commencement of the Regulations and on or before 30 June 2010 as $8,423.42 per permit. The levy includes a research component of $54 per permit.

Table 19: Comparison of the WDWTF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget*	128,423	121,000	(7,423)	-6%
Prior year (over)/under recoveries	5,554	(28,940)	(34,494)	-621%
Levy subsidy	(29,294)	-	29,294	0%
Amount payable	104,683	92,060	(12,623)	-12%

 

There has been a 12 per cent, decrease in the levy for 2009-10. This decrease is due to reduced management, research, licensing and travel costs associated with the fishery.

 

To calculate the levy payable for each fishery permit the research component ($598) is added to the total management levy to be collected ($92,060) and then divided by the number of commercial Fishery permits in the fishery (11).

Regulation 60 – When levy must be paid

This regulation provides that levy is payable on 29 January 2010 or 28 days after the invoice date for the levy, whichever is later.

Part 15 Western Tuna and Billfish Fishery

AFMA is currently in the process of granting SFRs under the Western Tuna and Billfish Fishery Management Plan 2005 (the WTBF Plan). The grant of SFRs is subject to appeal and AFMA is awaiting the Federal Court to hand down its decision on this appeal before it can finalise the grant.

The Regulations seek to collect levy from all eligible persons, who will be receiving a grant of SFRs. This will be achieved through the collection of levy on a per fishing permit basis (for those eligible persons who have maintained their fishing permit) or on the basis of a boat SFR issued once SFRs are granted, for those eligible persons who have not maintained their fishing permit nor paid levy.

AFMA considers that all eligible persons who are granted SFRs should contribute to the cost of managing the fishery including making a contribution to the development of the WTBF Plan and the costs associated with the complex allocation process. It is considered inequitable to have those operators who have maintained their fishing permits to bear the costs for those operators who have not maintained their permits, but who will receive an allocation of SFRs.

Regulation 61 – Definitions

This regulation defines the terms used in the Part.

Regulation 62 – Amount of levy — leviable WTBF fishing permits

This regulation sets the rate of levy for those eligible persons who have maintained their WTBF fishing permit. Eligible persons are persons who have maintained their permits in previous years and paid the appropriate levy for these years.

Table 20: Comparison of the WTBF levy base between 2008-09 and 2009-10

	2008-09	2009-10	Difference
	$	$	$	%
Cost recovered budget	452,097	407,000	(45,097)	-10%
Prior year (over)/under recoveries	(35,414)	(18,192)	17,222	-49%
Levy subsidy	(106,188)	-	106,188	0%
Amount payable	310,495	388,808	78,313	25%

The levy base has increased by 25 per cent due to the expiration of the levy subsidy from the Australian Government’s Securing Our Fishing Future package. The budget for the fishery decreased in 2009-10 in all areas (excluding licensing) because fishing effort in the WTBF has declined to very low levels, reducing the costs of services such as logbooks, MACs, compliance and observers. The increase in the licensing budget is due to the costs associated with the SFR grant being included in the 2009-10 budget.

The levy amount is:

·        $3,071.00 for a permit authorising the pelagic longline fishing method;

·        $2,432.00 for a permit authorising the use of minor line fishing methods; or

·        $1,728.00 for a permit authorising the purse seine fishing method.

If more than one method is allowed to be used under a fishing permit, then only the greater or greatest of the rates of levy specified above is payable.

Regulation 63 – When levy must paid

This regulation specifies the date the levy becomes due and payable for those eligible persons who hold a leviable WTBF fishing permit as 28 days after the invoice date for the levy.

Regulation 64 – Remission of levy — fishing permits

This regulation remits the levy payable where an eligible person has renewed their fishing permit and does not pay levy by the due date. In this circumstance levy then becomes payable under Regulation 66 on the issue of a leviable boat SFR.

Regulation 65 – Amount of levy for SFR — leviable WTBF fishing permit levy paid

This regulation provides that a person who has paid levy for a WTBF fishing permit before the boat SFR is granted does not have to pay levy after the boat SFR is granted.

Regulation 66 – Amount of levy for SFR — leviable WTBF fishing permit levy not paid

This regulation sets the levy rates for those eligible persons who have maintained their WTBF fishing permit in 2009-10, and do not pay levy before the grant of a boat SFR. The levy becomes payable on the grant of a boat SFR. The levy amount is:

·        $3,071.00, for a leviable WTBF boat SFR granted to an eligible person, who held a pelagic longline fishing permit during the 2009-10 financial year but did not pay levy under Regulation 62;

·        $2,432.00, for a leviable WTBF boat SFR granted to an eligible person, who held a fishing permit which authorised just minor line fishing during the 2009-10 financial year but did not pay levy under Regulation 62; or

·        $1,728.00 for a leviable WTBF boat SFR granted to an eligible person, who held a purse seine fishing permit during the 2009-10 financial year but did not pay levy under Regulation 62.

Regulation 67 – Amount of levy for SFR — fishing permits granted in 1 applicable year

This regulation sets the levy rates for those eligible persons who have maintained their WTBF fishing permits in one of, but not all four of, 2005-06, 2006-07, 2007-08 and 2008-09. The levy becomes payable on the grant of a boat SFR. The amount to be collected is the appropriate amount specified in Regulation 62 plus an amount equal to that paid by other operators in 2005-06, 2006-07, 2007-08 and 2008-09. The levy amount is:

·        $10,076.00, for a leviable WTBF boat SFR granted to an eligible person, who held a pelagic longline fishing permit during one of, but not all four of, the 2005-06,
2006-07, 2007-08 or 2008-09 financial years;

·        $8,061.00, for a leviable WTBF boat SFR granted to an eligible person, who held a fishing permit which authorised just minor line fishing during one of, but not all four of, the 2005-06, 2006-07, 2007-08 or 2008-09 financial years; or

·        $5,823.00, for a leviable WTBF boat SFR granted to an eligible person, who held a purse seine fishing permit during one of, but not all four of, the 2005-06, 2006-07, 2007-08 or 2008-09 financial years.

Regulation 68 – Amount of levy for SFR — fishing permits granted in 2 applicable years

This regulation sets the levy rates for those eligible persons who have maintained their WTBF fishing permits in two of, but not all four of, 2005-06, 2006-07, 2007-08 and 2008-09. The levy becomes payable on the grant of a boat SFR. The amount to be collected is the appropriate amount specified in Regulation 62 plus an amount equal to that paid by other operators in 2005-06, 2006-07, 2007-08 and 2008-09. The levy amount is:

·        $8,076.00, for a leviable WTBF boat SFR granted to an eligible person who held a pelagic longline fishing permit during two of, but not all four of, the 2005-06,
2006-07, 2007-08 or 2008-09 financial years;

·        $4,061.00, for a leviable WTBF boat SFR granted to an eligible person who held a fishing permit which authorised just minor line fishing during two of, but not all four of, the 2005-06, 2006-07, 2007-08 or 2008-09 financial years; or

·        $4,550.00, for a leviable WTBF boat SFR granted to an eligible person, who held a purse seine fishing permit during two of, but not all four of, the 2005-06, 2006-07, 2007-08 or 2008-09 financial years.

Regulation 69 – Amount of levy for SFR — fishing permit granted in 3 applicable years

This regulation sets the levy rates for those eligible persons who have maintained their WTBF fishing permits in three of, but not all four of, 2005-06, 2006-07, 2007-08 and 2008-09. The levy becomes payable on the grant of a boat SFR. The amount to be collected is the appropriate amount specified in regulation 62 plus an amount equal to that paid by other operators in 2005-06, 2006-07, 2007-08 and 2008-09. The levy amount is:

·        $5,210.00, for a leviable WTBF boat SFR granted to an eligible person who held a pelagic longline fishing permit during one of, but not all three of, the 2005-06,
2006-07 or 2007-08 financial years;

·        $4,126.00, for a leviable WTBF boat SFR granted to an eligible person who held a fishing permit which authorised just minor line fishing during the one of, but not all three of, the 2005-06, 2006-07 and 2007-08 financial years; or

·        $2,932.00, for a leviable WTBF boat SFR granted to an eligible person who held a purse seine fishing permit during one of, but not all three of, the 2005-06, 2006-07 or 2007-08 financial years.

Regulation 70 – Amount of levy for SFR — fishing permit granted in all 4 applicable years

This regulation sets the levy rates for those eligible persons who have not maintained their WTBF fishing permit in 2009-10, but who had done so in previous years. The levy becomes payable on the grant of a boat SFR. The levy amounts are identical to those set in regulation 62.

Regulation 71 – Amount of levy for SFR — fishing permit granted in 2004–2005 financial year and not in an applicable year

This regulation sets the levy rates for those eligible persons who have not maintained their WTBF fishing permits in 2005-06, 2006-07, 2007-08, 2008-09 and 2009-10. The levy becomes payable on the grant of a boat SFR. The amount to be collected is the appropriate amount specified in Regulation 62, plus the appropriate amount that was paid by other operators in 2005-06, 2006-07, 2007-08 and 2008-09. The levy amount is:

·        $14,455.00, for a leviable WTBF boat SFR granted to an eligible person who held a pelagic longline fishing permit during the 2004-05 financial year but not in subsequent years;

·        $11,137.00, for a leviable WTBF boat SFR granted to an eligible person who held a fishing permit which authorised just minor line fishing during the 2004-05 financial year but not in subsequent years; or

·        $8,166.00, for a leviable WTBF boat SFR granted to an eligible person who held a purse seine fishing permit during the 2004-05 financial year but not in subsequent years.

Regulation 72 – Amount of levy for SFR — statutory fishing rights surrendered

This regulation makes provision for a person to surrender their boat SFR within 28 days of the grant to avoid the need to pay the outstanding levy. This provision is for those eligible persons who have agreed to surrender SFRs granted under the WTBF Plan to not incur a levy liability.

Regulation 73 – When levy must be paid

This regulation specifies the date the levy becomes due and payable for those eligible persons who hold a leviable WTBF boat SFR as 28 days after the invoice date for the levy.