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Fisheries Act 1996

Quota management system - Appeals

54: Allocation of quota if proceedings determined late in fishing year

You could also call this:

"Transferring fishing quota when court cases finish late in the year"

Illustration for Fisheries Act 1996

You can ask for quota to be transferred if a court case is finished near the end of a fishing year. You must ask the chief executive to do this on the last day of the fishing year. This is done according to section 52. If you are not eligible for quota, you can transfer your provisional catch history according to section 37. The person you transfer it to can then ask for quota. This is also done according to section 52. If a court case is finished near the end of a fishing year, you cannot appeal the decision. Your provisional catch history is then final and cannot be changed. The chief executive does not have to transfer quota if the time to appeal has not run out yet.

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Topics:
Environment and resources > Farming and fishing
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Part 4Quota management system
Appeals

54Allocation of quota if proceedings determined late in fishing year

  1. If any proceedings to which this Part applies that are before the Catch History Review Committee or any court are determined less than 90 days before the last day of a fishing year,—

  2. any person who is eligible to receive quota may request the chief executive to transfer individual transferable quota to the person in accordance with section 52 on the last day of the fishing year in which the proceedings are determined:
    1. any person who is not eligible to receive quota may transfer that person's provisional catch history in accordance with section 37 and the transferee may request the chief executive to allocate individual transferable quota to the transferee, as if it were the result of an appeal in accordance with section 52, on the last day of the fishing year in which the proceedings are finally determined.

      1. In any case to which subsection (1) applies, neither the person nor the transferee shall have any right of appeal or review in respect of the proceedings so determined or in respect of the person's eligibility or the quantum of provisional catch history for any stock, and the person's provisional catch history so determined or the transferred provisional catch history shall thereupon be conclusive and shall be permanently fixed for all purposes at the level then recorded in the Quota Register.

      2. The chief executive is not obliged to transfer any quota or provisional catch history under subsection (1) if the time allowed for filing an appeal or review has not expired.