Fisheries Act 1996

Quota management system - Quota management areas

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

You could also call this:

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

Illustration for Fisheries Act 1996

The Minister can change a quota management area without asking the quota owners first. You need to know the Minister must have a plan that includes the new area's boundaries, the species in the area, and how quota shares will be divided. The Minister must also tell the public and the people affected by the change about the plan.

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

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


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26: Effect on quota if quota management area altered, or

"What happens to your fishing quota if the fishing area boundaries change?"

Part 4Quota management system
Quota management areas

25BAlteration of quota management areas without agreement of quota owners

  1. The Minister may recommend the alteration of any quota management area under section 25(1) without receiving a request from quota owners in accordance with section 25(2)(a) if the Minister—

  2. has approved a plan that provides for all of the following matters:
    1. the boundaries of the proposed quota management area or areas:
      1. the species that comprise the stock or stocks after the alteration:
        1. the manner in which quota shares are to be apportioned after the alteration:
          1. in the case of any alteration to a quota management area or areas for squid, whether any method restriction applying to squid quota should be removed; and
          2. is satisfied, having considered alternative options, that the alteration as specified in the plan is necessary to ensure sustainability; and
            1. has publicly notified his or her intention to recommend the alteration of the quota management area or areas; and
              1. has also notified his or her intention to recommend the alteration of the quota management area or areas 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.
                  Notes
                  • Section 25B: inserted, on , by section 10 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 25B(d): substituted, on , by section 7 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).