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Fisheries Act 1996

Quota management system - Calculation of provisional catch history if no individual catch entitlement

33: Qualifying years

You could also call this:

"What are your qualifying years for fishing permits?"

Illustration for Fisheries Act 1996

When you are working out your provisional catch history, you need to know what the qualifying years are. The qualifying years are different for different people. If you got a fishing permit under section 2(2) of the Fisheries Amendment Act 1994, your qualifying years might be the first 12 months after you got the permit, or the fishing years starting on 1 October 1990 and 1 October 1991. If you are eligible under section 32(1)(a)(iii), the Minister will decide what your qualifying years are. In other cases, your qualifying years will be the fishing years starting on 1 October 1990 and 1 October 1991. The Minister's decision is secondary legislation, which has to be published according to Part 3 of the Legislation Act 2019.

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Part 4Quota management system
Calculation of provisional catch history if no individual catch entitlement

33Qualifying years

  1. For the purposes of this Part, the qualifying year or qualifying years are,—

  2. in the case of a person eligible under section 32(1)(a)(ii) to receive provisional catch history by virtue of a fishing permit issued under section 2(2) of the Fisheries Amendment Act 1994, either—
    1. the first consecutive 12 months following the date of issue of the fishing permit; or
      1. the fishing years commencing respectively on 1 October 1990 and 1 October 1991:
      2. in the case of a person eligible to receive provisional catch history under section 32(1)(a)(iii), such fishing year or fishing years as the Minister may from time to time set for the purpose by notice:
        1. in any other case, the fishing years commencing respectively on 1 October 1990 and 1 October 1991.

          1. A notice under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 33(1)(a): substituted, on , by section 4 of the Fisheries Amendment Act (No 2) 2004 (2004 No 71).
          • Section 33(1)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 33(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).