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Fisheries Act 1996

Miscellaneous provisions - Provisions relating to notices

308: Protection of the Crown, etc

You could also call this:

"The Crown is protected if it makes changes to fishing quotas or rules"

Illustration for Fisheries Act 1996

If the chief executive transfers quota or annual catch entitlement under certain sections of the Fisheries Act, you will not think the Crown has broken a contract. The Crown will not be in trouble for transferring quota or annual catch entitlement. This also applies to measures to ensure sustainability and the introduction of a stock to the quota management system. Nothing in the Act makes the Crown liable to pay compensation or damages to you. This includes provisions related to sustainability measures and the quota management system. You can find more information in sections like 22, 23, and 26 of the Act.

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Part 16Miscellaneous provisions
Provisions relating to notices

308Protection of the Crown, etc

  1. No transfer of quota or annual catch entitlement by the chief executive under any of sections 22, 23, 26, 52, 67, 67A, and 347A—

  2. shall be regarded as placing the Crown or any other person in breach of, or default under, any contract or arrangement relating to quota or annual catch entitlements, except to the extent that specific provision to the contrary is made in the relevant contract or other arrangement; or
    1. shall invalidate any contract or other arrangement in relation to quota or annual catch entitlements, or be regarded as giving rise to a right for any person to terminate or cancel any such contract or other arrangement, except to the extent that specific provision to the contrary is made in the relevant contract or other arrangement; or
      1. shall be regarded as otherwise making the Crown guilty of a civil wrong.

        1. Nothing effected or authorised by—

        2. any provision of this Act that contains or provides for measures to ensure sustainability (including sustainability measures, conditions on permits, special permits, or licences for the purpose of ensuring sustainability, and the varying of any total allowable commercial catch as a direct consequence of a variation in the corresponding total allowable catch); or
          1. any provision of this Act that contains or provides for measures relating to the introduction of a stock to the quota management system (including the setting of the total allowable commercial catch and transitional provisions for bringing under this Act any species or classes of fish, aquatic life, or seaweed that were, immediately before the commencement of Part 4, subject to Part 2A of the Fisheries Act 1983); or
            1. any provision of this Act providing or having the effect that catch history ceases to be the basis for quota allocation for any stock or species; or
              1. any of sections 11, 13, 14, 15, 16, 19, 22, 23, 25, 26, 29A, 45, 47, 52, 53, 54, 56 to 58B, 67, 67A, 81, 82, 147, 148, 163, 289, 319, 320, 321, 329, 338, 339, 340, 347A, 352, 362, 367, 368, 369, 369A, 369B, 369C, 369D, 369E, 369F, and 369T; or
                1. any provision of the Fisheries Act 1983 that is amended or enacted by this Act—
                    1. shall be regarded as making the Crown liable to pay compensation or damages to any person.

                  Notes
                  • Section 308(1): amended, on , by section 71(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 308(2)(ba): inserted, on , by section 57(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                  • Section 308(2)(c): amended, on , by section 75 of the Overseas Investment Act 2005 (2005 No 82).
                  • Section 308(2)(c): amended, on , by section 57(2)(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                  • Section 308(2)(c): amended, on , by section 57(2)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                  • Section 308(2)(c): amended, on , by section 57(2)(c) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                  • Section 308(2)(c): amended, on , by section 71(2)(a) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 308(2)(c): amended, on , by section 71(2)(b) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 308(2)(c): amended, on , by section 71(2)(c) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 308(2)(c): amended, on , by section 71(2)(d) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).