This order is the Fisheries (Cost Recovery Levies for Fisheries Services) Order 2013.

This order comes into force on 1 October 2013.

This order applies in respect of any quota, permit, lease, or licence held, or fish or aquatic life taken, at any time for any period during the fishing year commencing on 1 October 2013.

Unless the context otherwise requires, the fishstock codes and other expressions used in the Schedule have the same meaning as in Parts 1 and 2 of Schedule 3 of the Fisheries (Reporting) Regulations 2001.

(1) A monthly levy in respect of fisheries 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 Part 1 of the Schedule.

(3) The monthly levy is payable by quota owners irrespective of whether the fish, aquatic life, or seaweed to which the quota relates is taken.

(1) Every holder of a fishing permit issued under section 91 of the Fisheries Act 1996 who takes for the purposes of sale any fish or aquatic life specified in Part 2 of the Schedule that is not subject to the quota management system must pay an annual levy in respect of fisheries services for each tonne or part of a tonne of fish or aquatic life so taken, at the appropriate rate of levy specified in that Part.

(2) Every holder of a special permit granted under section 97(1)(c) of that Act who takes for the purposes of sale any fish or aquatic life specified in Part 2 of the Schedule that is not subject to the quota management system must pay an annual levy in respect of fisheries services for each tonne or part of a tonne of fish or aquatic life so taken, at the appropriate rate of levy specified in that Part.

(3) This clause does not require payment of an annual levy in respect of fish or aquatic life that is taken pursuant to quota for which a monthly levy is payable under clause 5.

(1) This clause applies to a person who is—

• (a) registered as a fish farmer under Part 9A of the Fisheries Act 1996; or

• (b) the holder of a fish-farm licence granted under the Freshwater Fish Farming Regulations 1983; or

• (c) the holder of a marine farm lease or licence granted under the Marine Farming Act 1971 where the controlling authority has taken action to forfeit the lease or licence under section 14 of that Act before 1 January 2005 but that action has not been completed or discontinued before the commencement of this order.

(2) A person to whom this clause applies must pay an annual levy for fisheries services, at the appropriate rate of levy specified in Part 3 of the Schedule, in respect of each coastal permit, or each lease or licence referred to in subclause (1), held at any time during the fishing year.

(3) Levies payable under subclause (2) are payable by the person liable for the levy whether or not any fish farming activity is undertaken.

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 Fisheries Services) Order 2012 (SR 2012/248) is revoked.

Clause 10 does not extinguish any liability arising before the commencement of this order under the Fisheries (Cost Recovery Levies for Fisheries Services) Order 2012.