Fisheries Act 1996

Cost recovery

262: Cost recovery principles

You could also call this:

"Paying for services that help you use fisheries resources"

Illustration for Fisheries Act 1996

You pay a fee for a conservation service or fisheries service if you ask for it. If a service is for everyone, you do not pay a fee. You pay for services that help you harvest or farm fisheries resources.

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261: Purpose of Part, or

"How the Government Gets Back Money it Spent on Fisheries and Conservation"


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263: Cost recovery rules, or

"Rules for paying costs related to fishing"

Part 14Cost recovery

262Cost recovery principles

  1. The cost recovery principles under this Part are as follows:

  2. if a conservation service or fisheries service is provided at the request of an identifiable person, that person must pay a fee for the service:
    1. costs of conservation services or fisheries services provided in the general public interest, rather than in the interest of an identifiable person or class of person, may not be recovered:
      1. costs of conservation services or fisheries services provided to manage or administer the harvesting or farming of fisheries resources must, so far as practicable, be attributed to the persons who benefit from harvesting or farming the resources:
        1. costs of fisheries services relating to any observer performing or exercising a function, duty, or power in accordance with the observer programme must, so far as practicable, be attributed to the persons who benefit from those services:
          1. costs of conservation services or fisheries services provided to avoid, remedy, or mitigate a risk to, or an adverse effect on, the aquatic environment or the biological diversity of the aquatic environment must, so far as practicable, be attributed to the persons who caused the risk or adverse effect:
            1. the Crown may not recover under this Part the costs of services provided by an approved service delivery organisation under Part 15A.
              Notes
              • Section 262: substituted, on , by section 63 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 262(ca): inserted, on , by section 14 of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).