New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 76

76 Management charges

(1) The Minister may, subject to this section, determine the management charge payable by holders of shares in a share management fishery. The charge is payable annually, or as otherwise determined by the Minister.

(2) The management charge is to be such amount as the Minister considers necessary to meet the costs of management for that fishery, being costs of management that are attributed to industry by the management plan for the fishery.

(3) The management charge is not to exceed the amount prescribed by the management plan for the fishery.

(4) The management charge is payable by shareholders in proportion to their shareholding or as otherwise provided by the management plan.

(4A) The management charge may be fixed to provide for, and the provisions of a management plan relating to the management charge may facilitate, either or both of the following:

(a) the calculation of a single management charge for more than one share management fishery (that is, so that holders of shares in more than one share management fishery are not liable to pay a separate management charge in respect of each fishery),

(b) the calculation of a single management charge for a single fishing business (even if the fishing business is comprised of, or includes, shares in more than one share management fishery).

(5) The management plan may authorise the payment of management charges by instalments.

(6) If a management charge, or an instalment of a management charge, is unpaid after the due date for its payment, the Minister may charge interest on the overdue amount at the rate payable from time to time in respect of judgments of the Supreme Court or, if some other rate is prescribed by the management plan for the fishery, that rate.

(7) Interest may be charged under subsection (6) for each day that has elapsed between the date on which payment is due and the date of payment.

(7A) Interest charged on an overdue management charge, or an instalment of a management charge, under subsection (6) is taken to be part of the management charge.

(8) Until the commencement of the management plan for a fishery, the Minister may (after consultation with the Management Advisory Committee for the fishery) determine the matters that may be provided for by the plan.