Fisheries Act 1996

Quota management system - Quota management areas

25A: Alteration of quota management areas with agreement of quota owners

You could also call this:

"The Minister can change a fishing area if quota owners agree to the change."

Illustration for Fisheries Act 1996

The Minister can change a quota management area if you agree. You must own a lot of quota shares to make this change happen. The Minister needs to be sure the change is a good idea and will not hurt you or other quota owners. You need to tell the public and other people with an interest in the quota about the planned change. This includes people who lease or transfer quota and those with an interest in the quota. The Minister must be satisfied that the change will achieve the purpose of the Fisheries Act. An agreement is needed to make the change happen. This agreement must cover things like the new area boundaries and how quota shares will be divided. It must also consider the interests of quota owners and people who lease or transfer quota. The agreement might need to include a way to resolve grievances from quota owners. The Minister gets to decide if this is necessary. You can read more about this in section 25(1) of the Fisheries Act.

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25: Alteration of quota management areas, or

"The Governor-General can change the special fishing zones in the ocean"


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25B: Alteration of quota management areas without agreement of quota owners, or

"The Minister can change fishing areas without owners' okay"

Part 4Quota management system
Quota management areas

25AAlteration of quota management areas with agreement of quota owners

  1. The Minister may not recommend the alteration of any quota management area under section 25(1) in response to a request referred to in section 25(2)(a) unless the Minister is satisfied that—

  2. the purpose of this Act would be achieved better by altering the quota management area or areas; and
    1. the alteration would not unduly prejudice any quota owner who—
      1. owns quota shares for the stock or stocks in the quota management area or areas concerned; and
        1. is opposed to the alteration; and
        2. an agreement that, in the Minister's opinion, satisfactorily addresses the matters set out in subsection (2) has been executed (either as an original or in counterparts) by the quota owners who hold in the aggregate not fewer than 75 000 000 quota shares for each of the stock or stocks for the area or areas being altered; and
          1. the quota owners have publicly notified their intention to seek an alteration of the quota management area or areas; and
            1. the quota owners have also notified their intention to seek an alteration to—
              1. persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and
                1. parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates.
                2. The agreement must provide for all of the following matters:

                3. the boundaries of the proposed quota management area or quota management areas:
                  1. the species that comprise the stock or stocks after the proposed alteration:
                    1. the manner in which quota shares are to be apportioned after the alteration:
                      1. the interests of aggrieved—
                        1. quota owners who hold quota shares to which the proposed alteration relates; and
                          1. parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates:
                          2. in the case of any alteration to a quota management area or quota management areas for squid, whether any method restriction applying to squid quota should be removed:
                            1. any other matter required by the Minister to be addressed.
                              1. The agreement must include provisions to resolve any grievance of a quota owner who holds quota shares in any area affected by the proposed alteration only if required by the Minister.

                              Notes
                              • Section 25A: inserted, on , by section 10 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                              • Section 25A(1)(e): substituted, on , by section 6(1) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                              • Section 25A(2)(d): substituted, on , by section 6(2) of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).