Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Caveats

147: Types of caveats

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"Types of caveats: Ways to register a caveat over fishing quotas"

Illustration for Fisheries Act 1996

You can register a caveat over quota shares or annual catch entitlement. This can happen in a few ways. You can do it with the owner's consent. You can also do it if the chief executive tells you to, under certain sections of the law, like section 58, section 61, section 214, or section 268. A court can also tell you to do it in civil proceedings. The chief executive's direction can be under section 58, section 61, section 214, or section 268, but you must follow section 149(2) when registering a caveat.

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Part 8Registration of transfers, mortgages, caveats, etc
Caveats

147Types of caveats

  1. A caveat may, subject to section 149(2), be registered over any quota shares or any annual catch entitlement—

  2. at the request of any person with the consent of the owner of those quota shares or that annual catch entitlement:
    1. at the direction of the chief executive under section 58 or section 61 or section 214 or section 268:
      1. at the direction or order of a court in any civil proceedings.
        Notes
        • Section 147(b): amended, on , by section 43 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).