Fisheries Act 1996

Aquaculture - Aquaculture agreements and compensation declarations

186ZG: High Court may consent to aquaculture agreement on behalf of non-consenting persons

You could also call this:

"The High Court can agree to an aquaculture plan on behalf of someone who doesn't want to."

Illustration for Fisheries Act 1996

You can ask the High Court to agree to an aquaculture agreement if someone else does not want to. You do this if you want to lodge an aquaculture agreement with the chief executive, as stated in section 186ZF(2). The High Court will only agree if they think you have offered enough compensation to the person who does not want to agree. You must offer compensation to people who hold quota shares for how the aquaculture activity will affect their rights. The High Court can make orders about how the compensation will be paid if they agree to the aquaculture agreement. However, the High Court cannot make you pay more compensation than you offered or make you lodge the aquaculture agreement. If you ask the High Court to agree to the aquaculture agreement, you must give a copy of your application to the chief executive as soon as possible. This is so the chief executive knows what is happening with your application.

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186ZF: Quota owners whose consent is necessary for aquaculture agreement, or

"Who must agree to your aquaculture plans"


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186ZH: Lodging aquaculture agreements with chief executive for registration, or

"Registering Aquaculture Agreements with the Chief Executive"

Part 9AAquaculture
Aquaculture agreements and compensation declarations

186ZGHigh Court may consent to aquaculture agreement on behalf of non-consenting persons

  1. A person wishing to lodge an aquaculture agreement with the chief executive may, for the purposes of section 186ZF(2), apply to the High Court for its consent to the lodging of the agreement.

  2. The High Court must not give its consent unless it is satisfied that the applicant has offered sufficient compensation to each person who has not consented to the lodging of the aquaculture agreement,—

  3. in the case of persons holding quota shares, for the effect on their rights, as holders of the quota shares, of the proposed aquaculture activity:
      1. If the High Court gives its consent under subsection (2), the High Court may (with the agreement of the applicant) make such ancillary orders or give such directions as it thinks fit relating to the payment of compensation.

      2. However, to avoid doubt, any order for the purposes of subsections (2) and (3) may not—

      3. require the payment of compensation that exceeds the compensation offered by the applicant; or
        1. require the applicant to lodge an aquaculture agreement; or
          1. require the applicant to continue with proceedings to obtain the consent of the High Court.
            1. A person who makes an application to the High Court under subsection (1) must, as soon as practicable after making the application, give a copy of the application to the chief executive.

            Notes
            • Section 186ZG: inserted, on , by section 8 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
            • Section 186ZG(1): amended, on , by section 16(1) of the Fisheries Amendment Act 2011 (2011 No 68).
            • Section 186ZG(2) paragraph (b): repealed, on , by section 16(2) of the Fisheries Amendment Act 2011 (2011 No 68).