Fisheries Act 1996

Cost recovery

264: Levies

You could also call this:

"Charges for fishing and fish farming"

Illustration for Fisheries Act 1996

The Governor-General can make rules to charge levies for the Fisheries Act. You need to follow these rules when fishing or farming fish. The Minister must make sure the rules are fair and follow other laws, such as rules made under section 263 and section 265A. The rules can say how much you pay based on what you catch or farm. You might pay different rates depending on the type of fish or seaweed. The rules can also say when and where you pay the levies. These rules are called secondary legislation, which means they are made under a law, like the Legislation Act 2019.

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"Rules for paying costs related to fishing"


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265: Under-recovery and over-recovery of costs, or

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Part 14Cost recovery

264Levies

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

  2. impose levies for the purpose of this Part:
    1. amend or revoke an order made under this section.
      1. Subject to section 265A, the Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that the proposed order to which the recommendation relates is consistent with rules in force under section 263.

      2. Without limiting the generality of subsection (1), an order may—

      3. prescribe, or provide for the fixing of, different rates of levy in respect of different classes of persons, species or kinds of fish or aquatic life or seaweed, quantities of fish or aquatic life or seaweed, quota management areas, fishery management areas, or any combination of them:
        1. prescribe, or provide for the fixing of, different rates of levy based on the value of quota or annual catch entitlement, the port price of fish or aquatic life or seaweed landed, or on any other differential basis relating to commercial fishing or fish farming:
          1. specify that a levy is payable on the basis of the amount of fish, aquatic life, or seaweed processed or taken, or quota, annual catch entitlement, or individual catch entitlement held, during a specified period or on a specified day; or specify any other method for assessing that amount:
            1. prescribe a date by which, and the place at which, a levy is payable:
              1. prescribe different dates for the payment of different levies:
                1. authorise the chief executive to prescribe or provide for such matters as may be necessary or expedient to administer the collection of a levy imposed under subsection (1).
                  1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 264: substituted, on , by section 63 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 264(2): amended, on , by section 8 of the Fisheries Amendment Act 2004 (2004 No 6).
                  • Section 264(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).