AustLII Tasmanian Consolidated Acts

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LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 279

Industry levy

(1)  The Minister, at the request of a fishing body, may determine that a levy is payable by persons undertaking any activity under an authorisation if satisfied that the majority of persons likely to be affected are in favour of the levy.
(1A)  The Minister, after consultation with the relevant fishing body, may determine –
(a) that a levy is payable by persons undertaking any activity under an authorisation for the purpose of –
(i) research; or
(ii) any approved services provided by an approved entity; and
(b) that a levy under paragraph (a) is no longer payable.
(2)  The Minister may determine the amount of levy payable.
(2A)  The amount of levy determined to be payable under subsection (2) may be expressed in fee units as if it were a fee within the meaning of the Fee Units Act 1997 .
(3)  A levy –
(a) is due and payable as prescribed; and
(b) may be paid by instalments in the prescribed manner.
(4)  If any instalment of a levy is not paid by the date on which it is due, the whole amount of the unpaid levy is due and payable on that date.
(5)  If a levy is not paid by the date on which it is due, the person liable to pay the levy is liable to a penalty calculated at the rate of 20% a year of the unpaid levy as from that date.
(6)  The Minister, by notice in writing, may exempt a person from payment of all or part of a levy if satisfied that the payment would cause the person undue hardship.
(7)  Any money received under this section in respect of a fishing body is payable into a Fishery Levy Fund for that fishing body.
(8)  Any money standing to the credit of a Fishery Levy Fund in respect of a fishing body is to be applied after consultation with the fishing body for the benefit of the fishing body.
(9)  A fishing body may request the Minister to determine that a levy is no longer payable in respect of that fishing body.
(10)  In this section –
entity includes –
(a) a government department or instrumentality of a State, a Territory or the Commonwealth; and
(b) an international organisation.


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