Fisheries Amendment Act 1995

1: Short Title and commencement
1: This Act may be cited as the Fisheries Amendment Act 1995, and shall be read together with and deemed part of the Fisheries Act 1983
2: Except as provided in sections 8(3) 9(3)
2: This section amended s 2(1)
3: This section inserted ss 28BB to 28BD
4: This section amended s 28V
5: This section inserted ss 107EH
6: This section inserted schedule 1DA
7: Scallops to be subject to Part 2A
1: Every quota held under Part 2B Part 2A
2: Annual allowable catch under Part 2B Part 2A
3: Every reference in any enactment or document to annual allowable catch for scallops shall hereafter be read as a reference to total allowable commercial catch.
4: Notwithstanding anything in section 28OB southern scallops, northland scallops, and Nelson-Marlborough dredge oysters to which any relevant Subsection (4) amended 1 October 1996 section 316(1) Fisheries Act 1996 by substituting the words southern scallops, northland scallops, and Nelson-Marlborough dredge oysters to which any relevant scallops to which any
8: Further amendments to principal Act and regulations
1: The principal Act is hereby amended in the manner indicated in Schedule 2
2: The regulations and notices specified in Schedule 3
3: The amendments made to sections 20F(1) and 28OJ(1)
4: The regulations and notices referred to in Schedule 3
9: Repeals and revocations
1: Part 1 sections 28AB 28ZH 28ZI 28ZJ 28ZK 28ZL 28ZP 28ZQ 28ZR 28ZS 28ZT 28ZU 28ZV 28ZW 28ZX 28ZY 28ZZ 28ZZA 28ZZC
2: Clause 4 Part D
3: Subsection (2) of this section shall be deemed to have come into force on the 1st day of October 1994.
4: The following enactments are hereby consequentially repealed:
a: So much of Schedule 2 sections 6 7 8 10A 11
b: Sections 5, 6, and 7 of the Fisheries Amendment Act 1986:
c: So much of Schedule 8 sections 6 10 10B
d: Section 10(2)
e: Section 3 of the Fisheries Amendment Act 1993:
f: So much of the Schedule sections 28ZP 28ZQ 28ZU 28ZV
5: The following orders are hereby revoked:
a: The Fisheries Amendment Act (Transitional Levies) Order 1995:
b: The Fisheries Amendment Act (Transitional Levies) Order (No 2) 1995.
10: Expiry of section 28ZZG of principal Act
Section 28ZZG section 13
11: Validation of non-registration of paua trades
1: The refusal or failure by the responsible chief executive, at any time during the period commencing on the 16th day of September 1995 and ending with the close of the 30th day of September 1995, to register any transfer or lease of any individual transferable quota for paua is hereby declared to be, and always to have been, lawful.
2: Notwithstanding anything in the principal Act or any other enactment or rule of law, every transfer or lease of any individual transferable quota for paua in the area known as PAU 5 that was entered into or commences during the period commencing on the 16th day of September 1995 and ending with the close of the 30th day of September 1995 is hereby declared to have, and always to have had, no effect.
12: Compensation not available for effects of subdivision, etc, of paua quota management area, etc
Nothing effected by or under sections 28BB to 28BD section 3
a: Shall be regarded as placing the Crown or any other person in breach of, or default under, any contract or other arrangement relating to quota, or as otherwise making them guilty of a civil wrong:
b: Subject to section 11(2)
c: Shall be regarded as making the Crown or any other person liable for damages or compensation, whether arising directly or indirectly from anything effected by or under this Act.
13: References to PAU 5 substituted
1: Every reference in any enactment or document to any waters within the quota management area known as PAU 5 — South-East/Southland (Otago and Southland Coast) and defined, immediately before the commencement of this Act, in Schedule 2
2: Every reference in any enactment or document to the fishstock identified by the code PAU 5 and having effect immediately before the commencement of this Act shall hereafter be read as a reference to the corresponding fishstock identified by the code PAU 5A or PAU 5B or PAU 5D, as the case may require.