Fisheries Act 1996

Quota management system - Appeals

53: Calculation of entitlement to quota following appeal

You could also call this:

"How quota is worked out after an appeal"

Illustration for Fisheries Act 1996

If you are entitled to receive a transfer of individual transferable quota under section 52, you must receive an amount of individual transferable quota for the stock concerned. This amount is equivalent to the number of shares you would have received under section 47 if you had owned the revised amount of provisional catch history on the date quota was allocated. You also receive an amount of shares equal to any shares that would have been transferred by the chief executive under section 22(1). If the quota management area for a stock has been altered under section 25, you are entitled to a transfer of the amount of quota for the new quota management area. This amount is calculated in accordance with the rules that apply to your situation. The chief executive has the powers necessary to give effect to your entitlement.

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Part 4Quota management system
Appeals

53Calculation of entitlement to quota following appeal

  1. Every person entitled to receive a transfer of individual transferable quota under section 52 must receive—

  2. an amount of individual transferable quota for the stock concerned equivalent to the number of shares the person would have received under section 47 if the person (and all other persons whose provisional catch history has since been altered) had owned the revised amount of provisional catch history on the date on which quota was allocated for that stock under section 47; and
    1. an amount of shares equal to any shares that would have been transferred by the chief executive under section 22(1), where there has been a reduction in the total allowable commercial catch between the date of the original allocation of those shares under section 47 and the date of this calculation, as if that person had owned the revised amount of shares determined under section 53(1)(a).
      1. If—

      2. any person is entitled to receive a transfer of individual transferable quota under section 52 for any stock; and
        1. the quota management area for that stock has been altered under section 25,—
          1. the person is entitled to a transfer of the amount of quota for the new quota management area, calculated in accordance with subsection (1) or subsection (3), as the case may be, that the person would have been allocated on the date of the alteration of the quota management area if the person had on that date owned quota for the original stock, and the chief executive has all the powers under subsections (3)(c) and (4)(b) of section 52 necessary to give effect to that entitlement.

          2. Repealed
          Notes
          • Section 53(1): substituted, on , by section 4 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
          • Section 53(2): amended, on , by section 12(1) of the Fisheries Amendment Act 2000 (2000 No 20).
          • Section 53(3): repealed, on , by section 26 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).