Fisheries Act 1996

Cost recovery

268: Caveats on quota

You could also call this:

"What happens if you don't pay a levy on your fishing quota"

Illustration for Fisheries Act 1996

The chief executive can put a caveat on your quota if you owe a levy. You must pay the levy under section 264 and you have not paid it in full within 2 months. The chief executive can also put a caveat on your quota if the payment of the levy has not been waived under section 267(2). The chief executive can direct that the caveat be removed if you pay the outstanding levy in full. The chief executive can also remove the caveat if you and the chief executive make an arrangement for you to repay the amount. You can have the caveat removed if you pay the levy or make a repayment arrangement. The chief executive has the power to direct that a caveat be registered or withdrawn regardless of whether the levy was imposed on you as a quota owner. You will be notified in writing before the chief executive directs that a caveat be registered over your quota. The chief executive's decision is based on your payment of the levy and any arrangements you make to repay it.

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Part 14Cost recovery

268Caveats on quota

  1. The chief executive may, after giving a person notice in writing of the chief executive's intention to do so, direct that a caveat be registered over quota held by that person if—

  2. the person is liable to pay a levy imposed under section 264; and
    1. the person does not pay the levy in full within 2 months after the date on which payment of the levy is due, or within the time allowed under an arrangement with the chief executive, as the case may be; and
      1. payment of the outstanding levy has not been waived under section 267(2).
        1. The chief executive may direct that a caveat be registered under subsection (1) regardless of whether or not the levy has been imposed on the person as a quota owner.

        2. The chief executive—

        3. must direct that a caveat entered in a register under this section be withdrawn if the outstanding levy is paid in full to the chief executive:
          1. may direct that a caveat entered in a register under this section be withdrawn if the chief executive and the person liable to pay the outstanding amount enter into an arrangement for repayment of the amount.
            Notes
            • Section 268: substituted, on , by section 63 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 268(1)(a): substituted, on , by section 6(2) of the Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 (2010 No 19).
            • Section 268(1)(b): amended, on , by section 6(3) of the Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 (2010 No 19).
            • Section 268(1)(c): substituted, on , by section 6(4) of the Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 (2010 No 19).
            • Section 268(3)(a): amended, on , by section 6(5) of the Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 (2010 No 19).