Fisheries Act 1996

Quota management system - Appeals

51: Rights of appeal

You could also call this:

"Challenging fishing decisions: how to appeal"

Illustration for Fisheries Act 1996

You can appeal to the Catch History Review Committee against some decisions made by the chief executive. You can appeal against decisions about your eligibility for provisional catch history under section 32(1)(a). You can also appeal against decisions about the amount of eligible catch you have. You can appeal if you are not eligible to receive provisional catch history because of section 32(1)(b). You can apply to the High Court to decide if you are an overseas person. You can appeal to the Committee against the chief executive's decision. Your appeal must be in the approved form and will be available to the public. The Committee can delete some information if it is commercially sensitive. The Committee can also charge a fee for copies of the appeal.

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Part 4Quota management system
Appeals

51Rights of appeal

  1. Any person, including the chief executive, may, subject to subsection (3) and on or before the date specified for the purpose in the relevant notice under section 36, appeal to the Catch History Review Committee against,—

    1. in any case,—
      1. a decision of the chief executive to the effect that the person is or is not eligible to receive provisional catch history under section 32(1)(a) either because that person held or did not hold a relevant authority (as defined in section 32(1A)) at any time during the applicable qualifying year or years; or
        1. a decision of the chief executive to the effect that the person has, or does not have, eligible catch in the qualifying year or years entitling the person to be allocated provisional catch history; or
          1. a decision of the chief executive as to the quantum of eligible catch reported in any eligible returns made by any person eligible to receive provisional catch history, on the ground that—
            1. the information on the relevant returns held by the chief executive has been incorrectly recorded by the chief executive; or
              1. the chief executive has excluded fish, aquatic life, or seaweed that was lawfully taken and lawfully reported in eligible returns from the person's eligible catch; or
              2. a decision of the chief executive to the effect that the person is or is not eligible to be allocated quota under section 35(1)(b)(ii)(A) either because that person held or did not hold a fishing permit as at the date of the publication of the notice under section 18 declaring the stock to be a quota management stock; or
                1. an allocation of provisional catch history that is different from the amount to which the person is entitled under section 34.
                2. Any person notified by the chief executive under section 36(1)(c)(ii) that he or she is not eligible to receive provisional catch history because of the operation of section 32(1)(b) may, on or before the date specified in the notification to that person,—

                3. apply to the High Court for a declaration as to whether that person is, or is not, an overseas person; and
                  1. appeal to the Committee against the chief executive's decision and any other relevant action referred to in subsection (1).
                    1. Any appeal lodged under this section shall be in the approved form and shall be available to the public once received by the Committee, but the Committee may—

                    2. delete information that it considers commercially sensitive:
                      1. make copies of the appeal available on payment of a reasonable charge.
                        Notes
                        • Section 51(1): amended, on , by section 24(1)(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                        • Section 51(1)(a): repealed, on , by section 24(1)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                        • Section 51(1)(b): amended, on , by section 24(1)(c) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                        • Section 51(1)(b)(i): amended, on , by section 11(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                        • Section 51(1)(b)(iv): replaced, on , by section 11(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                        • Section 51(2): amended, on , by section 24(2)(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                        • Section 51(2): amended, on , by section 24(2)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).