35Notification of eligibility to receive provisional catch history

1. The chief executive shall, as soon as practicable after the publication of a notice under section 18 declaring any stock to be subject to the quota management system,—

2. decide whether, in the chief executive's opinion, a person is eligible to be allocated provisional catch history in accordance with this Act; and
3. if the person is eligible to be allocated provisional catch history, determine whether, in the chief executive’s opinion, the person is eligible to be allocated quota under section 47 because—
   1. the person was a holder of a fishing permit as at the date of the publication of the notice declaring the stock to be subject to the quota management system; and
   2. the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent; and
4. if section 33(a)(i) applies, determine both the relevant period of 12 consecutive months that is to be the person's qualifying year and the quantum of the person's eligible catch during that period; and
5. if paragraph (a)(ii) or paragraph (b) or paragraph (c) of section 33 applies, decide the period of 12 consecutive months within the qualifying years which the chief executive will nominate for the purpose of calculating the person's provisional catch history (which period is to maximise the person's eligible catch) and the quantum of the person's eligible catch during that period.

6. The chief executive shall, as soon as practicable after deciding or determining the matters referred to in subsection (1), notify in writing every person whom the chief executive considers to be eligible for provisional catch history of the following matters:

7. the chief executive's decisions and determinations in respect of that person under subsection (1):
8. the applicable qualifying years for the stock for which that person is eligible to receive provisional catch history:
9. the eligible catch of that person for each month of the applicable qualifying years:
10. the rights conferred by subsection (4):
11. the date on which the notice under this section is issued:
12. the date by which objections must be lodged (which date must be at least 60 working days after the date specified under paragraph (e)):
13. such other matters as the chief executive thinks relevant.

14. Within 10 working days after the date specified in subsection (2)(e), the chief executive must publicly notify—

15. that eligibility for provisional catch history for the stock has been determined and notified under subsection (2); and
16. the location where information on the criteria of eligibility for an allocation of provisional catch history and quota can be found; and
17. the location where information on the process for notifying the chief executive of an objection to the non-allocation of provisional catch history can be found; and
18. the date by which a person to whom subsection (5) applies must lodge their notification under that subsection with the chief executive.

19. Any person notified in accordance with subsection (2) may, on or before the date specified in the notice,—

20. lodge with the chief executive in the approved form an objection giving reasons for the objection—
    1. as to the quantum of eligible catch stated in the notice; or
    2. as to the chief executive's opinion that the person will not be eligible to receive an allocation of quota; and
21. notify the chief executive in writing of an alternative period of 12 consecutive months to the period decided by the chief executive that the person requires the chief executive to use for the purposes of calculating the person's provisional catch history.

22. Any person who has not received a notification under subsection (2), but who believes that the person is or will be—

23. entitled to receive provisional catch history; or
24. entitled to receive quota,—
under this Act, may, on or before the date specified in the public notification referred to in subsection (3), notify the chief executive on the approved form of—
25. the grounds for the belief; and
26. if the qualifying years are those set out in paragraph (b) or paragraph (c) of section 33, the period of 12 consecutive months within the qualifying years for the stock that the person wishes to be used as a basis for calculating the person's provisional catch history.

27. Repealed

28. Repealed