Schedule 5 Amendment of Fisheries Management Act 1994 relating to acquisition of commercial fishing entitlements

(Section 4)

[1]   Part 2, Division 4B

Insert after Division 4A of Part 2:

  

Division 4B Acquisition of commercial fishing entitlements

34K   Purpose of Division

The purpose of this Division is to provide an equitable mechanism for the reallocation of fisheries resources and for the payment of compensation to commercial fishers for the acquisition of their fishing entitlements.

34L   Declaration by Minister of acquisition of entitlements

(1)  The Minister may, by order published in the Gazette:

(a)  declare that any fishery (or part of a fishery) specified in the order is a fishery to which this Division applies, and

(b)  specify the relevant commercial fishing entitlements that are to be acquired under this Division.

(2)  For the purposes of this Division:

(a)  any such declaration is an acquisition declaration, and

(b)  the fishery (or the part of a fishery) to which the declaration relates is the declared fishery, and

(c)  the specified commercial fishing entitlements are the acquired entitlements.

34M   Consultation on proposed acquisition declaration

The Minister is required to give the following persons and bodies an opportunity to make submissions on any proposed acquisition declaration and to take any submission that is duly made into account:

(a)  the persons whose commercial fishing entitlements are proposed to be acquired,

(b)  any advisory council on recreational fishing and any relevant advisory council on commercial fishing established under section 229,

(c)  the local community in the area affected by the proposed declaration.

Note. Section 284 sets out the public consultation procedure.

34N   Termination of commercial fishing entitlements following declaration of acquisition

(1)  As soon as practicable after an acquisition declaration, the Minister is to cancel the acquired entitlements.

(2)  For that purpose, the Minister may do any one or more of the following:

(a)  cancel any shares in a share management fishery,

(b)  cancel a commercial fishing licence,

(c)  take any other action available to the Minister.

34O   Entitlement to compensation for acquired entitlements

(1)  The persons who held acquired entitlements that are cancelled under this Division are entitled (subject to this Division) to compensation from the State for the market value of the entitlements they held:

(a)  as at 19 January 2000, subject to paragraph (b), or

(b)  as at a later date notified in the acquisition declaration.

(2)  If the amount of the compensation is not agreed between the Minister and the person entitled to compensation, the Minister is to determine the amount after a review of the matter by a panel constituted by the Minister in accordance with the regulations.

(3)  If the person entitled to compensation is not satisfied with the review of the matter by the panel, the Minister may (at the person’s request) refer the matter to the Valuer-General for advice as to the amount of compensation required to be paid under this section.

(4)  A person who is dissatisfied with the amount of compensation offered to the person under this Division or with any delay in the payment of compensation may appeal to the Land and Environment Court.

(5)  The regulations may make provision for or with respect to the payment of compensation in accordance with this Division.

[2]   Section 284 Public consultation procedure

Insert after section 284 (1) (b):

  

(b1)  an acquisition declaration under Division 4B of Part 2,