341Confirmation of quota

1. On or before the commencement of Part 8, the chief executive shall give written notice to—

2. each quota holder of all the details shown in respect of the holder in any register kept under section 28P of the Fisheries Act 1983, as at a date specified for the purpose in the notice; and
3. every person who has been allocated guaranteed minimum individual transferable quota or guaranteed minimum transferable term quota under the Fisheries Act 1983 of the amount of the guaranteed minimum individual transferable quota or guaranteed minimum transferable term quota held by that person as at a date specified in the notice; and
4. the persons referred to in paragraph (a) or paragraph (b), of their right to apply to the chief executive, before a date specified by the chief executive in the notice for the purpose, for a review of the details notified to that person under that paragraph.

5. Where a person applies to the chief executive for a review of the details notified to that person under subsection (1), in accordance with the notice referred to in paragraph (c) of that subsection, the chief executive shall review those details as soon as reasonably practicable and confirm or modify the details.

6. If a person has been notified under subsection (1) of details referred to in that section, but does not seek a review of those details before the close of the date specified in the notice for the purposes of the review, the details notified to the person shall, as from the date specified in the notice under subsection (1)(a), be deemed to be correct.

7. For the purposes of subsection (1), the chief executive may notify details to the same person on 1 or more occasions and may state details as shown on the relevant register at different dates, but,—

8. if those details are deemed under subsection (3) to be correct; or
9. if the person applies for a review of those details in accordance with this section and the chief executive confirms those details,—
then the details which formed the subject of the relevant notification under subsection (1)—
10. shall not be reviewed under that subsection to the extent that the details relate to any period before the date specified in the notice under subsection (1)(a); and
11. shall not be the subject of any review under the Fisheries (Catch Against Quota) Regulations 1993.

12. On and from a date to be notified by the chief executive by notice in the Gazette, the chief executive shall refuse to receive for registration—

13. any notifications of the transfer or lease of quota (other than a lease of quota for the purposes of section 28ZF or section 28ZG or section 105A(2) of the Fisheries Act 1983, expressed to take effect in the fishing year in which the notice is published, for those stocks in respect of which the fishing year begins on 1 October); and
14. documents relating to such transactions or leases.

15. The chief executive must also refuse to receive for registration (whether before or after the date notified under subsection (5)) any notification of the transfer or lease of quota, and any related document, if the transfer, or lease, or related document is expressed to take effect on or after 1 October in the year in which Part 8 comes into force.

16. After the date notified in the Gazette under subsection (5), the chief executive may make such entries in the relevant register kept under section 28P of the Fisheries Act 1983 and do such other things as may be necessary for the purposes of—

17. giving effect to any decision under subsection (2) relating to any detail referred to in subsection (1)(a); or
18. giving effect to any translation of guaranteed maximum individual transferable quota or guaranteed maximum transferable term quota into individual transferable quota under section 342; or
19. registering any transaction received by the chief executive before the date notified in the Gazette under subsection (5).

20. Notwithstanding anything in this section, if in any year, on or after a date to be notified by the chief executive by notice in the Gazette, the chief executive receives any transfers of annual catch entitlements which are expressed to take effect on 1 October in that year, the chief executive shall forward those transfers to the relevant Registrar of Annual Catch Entitlements on 1 October in that year, in the order in which they were received, as if those transfers were forward transfers under section 133.

21. No notice referred to in subsection (7) shall be made before the date of the making of the Order in Council bringing section 66 into effect.

22. Notwithstanding anything in the Fisheries Act 1983 or this Act, no transaction or lease referred to in subsection (5)(a) that was entered into at any time after the date specified by notice in the Gazette under subsection (5) shall have any effect under this Act.