Wildlife (Tour Operator Licence Fee) Regulations 2011

Wildlife (Tour Operator Licence Fee) Regulations 2011

S.R. No. 44/2011

table of provisions

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Definitions

Part 2—Standard Licence Fees

5Application for standard licence

6Annual licence fee for standard licence

7Option to pay multi-year licence fees in lump sum from 1July2014

8Use fee for a standard licence

9Use fee cap

10Payment of a use fee

11Use fee form

Part 3—Competitively Allocated Licence Fees

12Application of Part

13Application for competitively allocated licence

14Annual licence fees for competitively allocated licence

15Use fee for a competitively allocated licence

16Use fee form

Part 4—Reduction, Refund and Waiver

17Reduction, waiver or refund of licence fees

18Fees cannot be waived, reduced or refunded in certain circumstances

19Surrender of licence

Part 5—Transitional Provisions

20Regulations do not apply to existing licences

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SCHEDULE

Form 1—Tour Operator Trip Return

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ENDNOTES

Wildlife (Tour Operator Licence Fee) Regulations 2011

S.R. No. 44/2011

statutory rules 2011

S.R. No. 44/2011

Wildlife (Tour Operator Licence Fee) Regulations 2011

S.R. No. 44/2011

Wildlife Act 1975

Wildlife (Tour Operator Licence Fee) Regulations 2011

S.R. No. 44/2011

Wildlife (Tour Operator Licence Fee) Regulations 2011

Wildlife (Tour Operator Licence Fee) Regulations 2011

S.R. No. 44/2011

The Governor in Council makes the following Regulations:

Dated: 28 June 2011

Responsible Minister:

RYAN SMITH

Minister for Environment and Climate Change

Matthew mcbeath

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to prescribe the fees payable in respect of tour operator licences granted in respect of State Wildlife Reserves under the Wildlife Act 1975; and

(b)to provide for the reduction, waiver or refund of tour operator licence fees.

2Authorising provision

These Regulations are made under section 87A of the Wildlife Act 1975.

3Commencement

These Regulations come into operation on 1 July 2011.

4Definitions

In these Regulations—

r. 4

child means—

(a)a person under the age of 16; or

(b)a person of compulsory school age who is educated at a school;

competitively allocated licence means a tour operator licence granted to a person following a competitive licence application process;

compulsory school age has the same meaning as it has in the Education and Training Reform Act 2006;

Expression of Interest document means an invitation advertised to the public requesting persons interested in conducting organised tours or recreational activities for profit that are specified in the document to apply for a competitively allocated licence;

school has the same meaning as it has in the Education and Training Reform Act 2006;

standardlicence means a tour operator licence granted to a person following a standard licence application process;

the Act means the Wildlife Act 1975;

use fee means the fee payable by the holder of a tour operator licence calculated by the Secretary based on the number of individuals who, each day, enter State Wildlife Reserves as part of an organised tour or recreational activity for profit conducted by the holder of the tour operator licence;

use fee cap means the maximum use fee specified in regulation 9.

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Part 2—Standard Licence Fees

5Application for standard licence

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For the purposes of section 21C of the Act, an applicant for a standard licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 6 if granted that licence.

6Annual licence fee for standard licence

(1)For the purposes of section 21D of the Act, the holder of a standard licence granted for one year must pay an annual licence fee comprising—

(a)afee in accordance with subregulation (2); and

(b)a use fee in accordance withregulation 8.

(2)The holder of a standard licence granted for one year must pay a feeon the granting of the licence as follows—

(a)for a licence granted in the financial year ending 30 June 2012or 30 June 2013, a fee of$110;

(b)for a licence granted in the financial year ending 30 June 2014, a fee of $255;

(c)for a licence granted in the financial year ending 30 June 2015 or a subsequent financial year, a fee of 20·78 fee units.

(3)For the purposes of section 21D of the Act, the holder of a standard licence granted for more than one year must pay an annual licence fee comprising—

(a)the relevant fees in accordance with subregulation (4)(a) and (b); and

(b)a use fee in accordance with regulation 8.

(4)The holder of a standard licence granted for more than one year must pay a fee—

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(a)on the granting of the licence in respect of the first year of the licence—

(i) of $110 if it is granted in the financial year ending 30 June 2012 or 30 June 2013;

(ii)of $200 if it is granted in the financial year ending 30 June 2014;

(iii)of 16·3 fee units if it is granted in the financial year ending 30 June 2015 or a subsequent financial year unless the holder of the licence elects to pay the part of the annual licence fee required by subregulation (3)(a) in a lump sum in accordance with regulation 7; and

(b)for each year that the licenceis in forcefor the duration of the licence other than the year the licence was granted—

(i) of $110 in the financial year ending 30June 2013;

(ii)of $200 in the financial year ending 30June 2014;

(iii)of 16·3 fee units in the financial year ending 30 June 2015 and each subsequent financial year unless the holder of the licence elects to pay the balance of the part of the annual licence fee required by subregulation (3)(a) in accordance with regulation 7.

7Option to pay multi-year licence fees in lump sum from 1 July 2014

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The fees payable under regulation 6(4) for a standard licence granted for more than one year may, from 1 July 2014, be paid in a lump sum as follows—

(a)if the licence is granted on or after 1 July 2014—the fee specified in regulation 6(4)(a)(iii) plus the fee specified in regulation 6(4)(b)(iii) in respect of each year the licence will be in force, payable in a lump sum on the grant of the licence; or

(b)if the licence is in force on and after 1 July 2014—the fee specified in regulation 6(4)(b)(iii) in respect of each year the licence will be in force, payable in a lump sum by 30June of the financial year.

8Use fee for a standard licence

(1)Subject to regulation 9, the use fee payable on a standard licence is comprised of the amount calculated by the Secretary under subregulations (2) and (3).

(2)The use fee payable in respect of each person, who is not a child, for each day the person participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence is—

(a)$1.10 in the financial year ending 30 June 2012 or 30 June 2013;

(b) $2.40 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June.

(3)The use fee payable in respect of each child, for each day the child participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence is—

(a) $0.75 in the financial year ending 30 June 2012 or 30 June 2013;

(b) $1.60 in the financial year ending 30 June 2014 or a subsequent financial year ending 30 June.

9Use fee cap

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(1)If the use fees payable under regulation 8 by the holder of a standard licence at the end of each financial year exceed the amount of the use fee cap for that financial year as specified in subregulation (2), the holder of the licence is not liable to pay any use fees in excess of that amount.

(2)The use fee cap for—

(a)the financial year ending 30 June 2012 or 30June 2013 is $5500;

(b)the financial year ending 30 June 2014 is $12500;

(c)the financial year ending 30 June 2015, and each subsequent financial year ending 30June, is 1018·74 fee units.

10Payment of a use fee

(1)The holder of a standard licence may pay the use fees payable under the licence—

(a)quarterly; or

(b)annually.

(2)If the holder of a standard licence pays the use fees payable under the licence and that licence holder pays more than the use fee cap, at the end of the financial year, the licence holder is entitled to a refund for any amount paid in excess of the use fee cap.

11Use fee form

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(1)The holder of a standard licence must maintain a record of the number of persons that participate in any organised tour or recreational activity for which the holder of the standard licence holds the licence.

(2)A record referred to in subregulation (1) must—

(a)be kept in respect of each day the organised tour or recreational activity is conducted; and

(b)be in Form 1 in the Schedule; and

(c)beprovided to the Secretary on a quarterly or annual basis.

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Part 3—Competitively Allocated Licence Fees

12Application of Part

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This Part applies if the Secretary determines that it is necessary to limit the number of tour operator licences granted in respect of State Wildlife Reserves for all or any of the following—

(a)environmental reasons;

(b)cultural reasons;

(c)to ensure public safety.

13Application for competitively allocated licence

For the purposes of section 21C of the Act, an applicant for a competitively allocated licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 14 if granted that licence.

14Annual licence fees for competitively allocated licence

(1)The annual licence fee for a competitively allocated licence comprises—

(a)the fee fixed by the Secretary and set out in the relevant Expression of Interest document for that competitively allocated licence, having regard to any guidelines issued by the Minister; and

(b)a use fee calculated in accordance with regulation 15.

(2)The fee fixed by the Secretary or person authorised under subregulation (1)(a) must be a minimum of 20·78 fee units.

(3)The holder of a competitively allocated licencemust pay the licence fee fixed under subregulation (1)(a)—

(a)on the granting of the licence in respect of the first year of the licence, and by 30 June each year after for the duration of the licence; or

(b)in a lump sum at the start of the licence period.

15Use fee for a competitively allocated licence

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(1)The use fee payable on a competitively allocated licence is the amount calculated by the Secretary or person authorised as follows—

(a)in respect of each person, who is not a child, for each day the person participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence—

(i) $1.10 in the financial year ending 30June 2012 or 30 June 2013;

(ii) $2.40 in the financial year ending 30June 2014 or a subsequent financial year ending 30 June;

(b)in respect of each child, for each day the child participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence—

(i) $0.75 in the financial year ending 30June 2012 or 30 June 2013;

(ii)$1.60 in the financial year ending 30June 2014 or a subsequent financial year ending 30 June.

(2)The holder of a competitively allocated licence may pay the use fee—

(a)quarterly; or

(b)annually.

16Use fee form

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(1)The holder of a competitively allocated licence must maintain a record of the number of persons that participate in any organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence.

(2)A record referred to in subregulation (1) must—

(a)be kept in respect of each day the organised tour or recreational activity is conducted; and

(b)be in Form 1 in the Schedule; and

(c)be provided to the Secretary or authorised person on a quarterly or annual basis.

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Part 4—Reduction, Refund and Waiver

17Reduction, waiver or refund of licence fees

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(1)The holder of a standard licence or the holder of a competitively allocated licence may apply to the Secretary for a fee payable under these Regulations—

(a)to be waived in full or in part; or

(b)to be reduced; or

(c)to be refunded.

(2)An application under subregulation (1) must be in writing.

(3)Subject to regulation 18, the Secretary, on his or her own motion, or on application under subregulation (1) may—

(a)waive, in full or in part, a fee payable under these Regulations; or

(b)reduce a fee payable under these Regulations; or

(c)refund a fee paid under these Regulations.

(4)The Secretary must have regard to the followingwhen making a decision under subregulation (3)—

(a)whether payment of the fee would cause, or has caused, undue financial hardship to the holder of a licence;

(b)whether payment of the fee by a holder of a licence would be manifestly unfair;

(c)the impact a natural or unnatural event has had on the ability of a holder of a licence to continue to conduct organised tours or recreational tours on State Wildlife Reserves.

18Fees cannot be waived, reduced or refunded in certain circumstances

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(1)The holder of a standard licence, or the holder of a competitively allocated licence, whose licence has been suspended under section 21H of the Act is not eligible to have—

(a)outstanding fees payable under these Regulations waived; or

(b)outstanding fees payable under these Regulations reduced; or

(c)any fees paid under these Regulations refunded.

(2)Subject to subregulation (3), a person who has had his or her licence cancelled under section 21J of the Act is not eligible to have—

(a)outstanding fees payable under these Regulations waived; or

(b)outstanding fees payable under these Regulations reduced; or

(c)in the case of a licence granted for one year—any fees paid under these Regulations refunded; or

(d)in the case of a licence granted for more than one year—any fees paid for any completed or commenced year of the licence refunded.

(3)If a person who has had his or her licence cancelled under section 21J of the Act held that licence for a period greater than one year before that cancellation, that person remains eligible for a refund on a pro-rata basis of fees for a noncommenced year of the licence if that person paid the fees in advance.

19Surrender of licence

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The Secretary may refund to a holder of a licence on a pro-rata basis for any non-commenced year of the licence any fees paid in advance under these Regulations if the holder of the licence surrenders the licence.

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Part 5—Transitional Provisions

20Regulations do not apply to existing licences

r. 20

These Regulations do not apply to a licence to enter State Wildlife Reserves as part of an organised tour or recreational activity for profit conducted by the holder of the licence if that licence was in force immediately before 1 July 2011 until that licence, as in force immediately before 1 July 2011, expires.

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SCHEDULE

Form 1

Regulations 11 and 16

Sch.

Tour Operator Trip Return

Licence No.:
Licence Holder:
Date / Location / Activity / No. of Adults / x No. of days/ trip / A
x $XX = Total / Total / No. of students/child / x No. of days/ trip / Total / B
x $XX = Total / A + B totals = Cheque total
Cheque amount: / $
I certify that the records above are a true and correct account of all tours conducted on public land for the period:
Please tick 1 July–30 September1 January–31 March
1October–31 December1 April–30 June
Address of land management agency:

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Wildlife (Tour Operator Licence Fee) Regulations 2011

S.R. No. 44/2011

ENDNOTES

Endnotes

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2011 is $12.22. The amount of the calculated fee may be rounded to the nearest 10cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.