Reprintas at 1 October 2007
Fisheries (Cost Recovery Levies for Conservation Services) Order 2006: revoked, on 1 October 2007, by clause 9 of the Fisheries (Cost Recovery Levies for Conservation Services) Order 2007 (SR 2007/245).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This order is administered by the Ministry of Fisheries.
At Wellington this 28th day of August 2006
Pursuant to section 264 of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.
5 Monthly levies on quota owners
6 Levies not to apply to seaweed
7 Levies exclusive of GST
8 How and when levies payable
This order is the Fisheries (Cost Recovery Levies for Conservation Services) Order 2006.
This order comes into force on 1 October 2006.
This order applies in respect of any quota held, fish or aquatic life taken, and permits held at any time or for any period during the fishing year commencing 1 October 2006.
Unless the context otherwise requires, fishstock codes and other expressions used in the Schedule have the same meanings as in Parts 1 and 2 of Schedule 3 of the Fisheries (Reporting) Regulations 2001.
(1) A monthly levy in respect of conservation services is payable in respect of—
(a) every guaranteed minimum individual transferable quota; and
(b) every individual transferable quota; and
(c) every provisional individual transferable quota.
(2) The monthly levy is payable for each quota share at the appropriate rate (or at the equivalent rate expressed as dollars per tonne) according to the species or class of fish, aquatic life, or seaweed as specified in the Schedule.
(3) The monthly levy is payable by quota owners irrespective of whether or not the fish, aquatic life, or seaweed to which the quota relates is taken.
Despite anything in this order, no levy is payable in respect of—
(a) the taking of any seaweed (as defined in section 2(1) of the Fisheries Act 1996) for sale under a permit issued under section 91 or section 97(1)(c) of the Fisheries Act 1996; or
(b) any such peunit, to the extent it authorises the taking of seaweed for sale.
The levies payable under this order are exclusive of goods and services tax.
(1) The levies payable under this order are payable to the Crown and are payable only after receipt of a demand from the chief executive.
(2) The levies are payable in such number of instalments and in such manner as the chief executive may specify.
The Fisheries (Cost Recovery Levies for Conservation Services) Order 2005 (SR 2005/232) is revoked.
Clause 9 does not extinguish any liability arising before the commencement of this order under the Fisheries (Cost Recovery Levies for Conservation Services) Order 2005.
This Schedule was substituted, as from 1 April 2007, by clause 5 Fisheries (Cost Recovery Levies for Conservation Services) Amendment Order 2007 (SR 2007/29).
Clerk of the Executive Council.
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 1 October 2006, sets levies in respect of the fishing year commencing on 1 October 2006 to recover the costs of conservation services that are to be recovered in accordance with the Fisheries (Cost Recovery) Rules 2001.
The levies take into account, and are reduced or increased by, the relevant settlement sums provided for under the new section 265A and Schedule 9A of the Fisheries Act 1996 that were enacted by the Fisheries Amendment Act 2004.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 31 August 2006.
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Fisheries (Cost Recovery Levies for Conservation Services) Order 2006. It incorporates all the amendments to the Fisheries (Cost Recovery Levies for Conservation Services) Order 2006 as at 1 October 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 4 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.
Fisheries (Cost Recovery Levies for Conservation Services) Order 2007 (SR 2007/245): clause 9