Fisheries Amendment Act (No 2) 1992

1: Short title and commencement
1: This Act may be cited as the Fisheries Amendment Act (No 2) 1992, and shall be read together with and deemed part of the Fisheries Act 1983
2: Except as provided in sections 5(4) 8(4) 9(4) 12(2)
1: Amendments to principal Act
2: Interpretation
This section inserted the definitions of Annual allowable catch Meatweight Scallop Scallop spat Southern scallop fishery Southern scallop fishery Advisory Committee Southern scallop season Fishing year Quota management area quota management system s 2(1) Subsection (3) repealed 23 June 1998 section 35(6) Fisheries (Remedial Issues) Amendment Act 1998
3: Part 2A not to apply to Southern Scallop Fishery
This section inserted s 28AB
4: Reduction of total allowable commercial catch
This section amended s 28OD(8)
5: Transfers and leases of individual transferable quotas
This section substituted s 28Q(2)
6: Minimum holdings of quota and interest in quota
This section repealed s 28S(8)
7: Power of Crown to acquire, hold, transfer, lease, or cancel quotas
This section amended s 28U
8: Taking of fish in excess of quota, and carrying forward of unused quota
1: This subsection repealed s 28V(3)
2: This subsection inserted s 28V(11)
3: Nothing in this section affects any rights under section 28V
4: This section shall come into force on the 1st day of April 1993.
9: Fish subject to quota fishing cannot be taken for sale other than under quota
1: This subsection amended s 28ZA(2B)
2: This subsection inserted s 28ZA(4)﻿(d)
3: This subsection amended s 28ZA(4)
4: Subsections (2) and (3) of this section shall be deemed to have come into force on the 1st day of October 1990.
10: Special provision in relation to quota balances
This section inserted s 28ZCA
11: Commercial fishermen may be required to pay deemed value of excess or unauthorised quota fish
1: These subsections inserted s 28(2A), (2B), (2C) and (3)
2: These subsections inserted s 28(2A), (2B), (2C) and (3)
3: Notwithstanding anything in the principal Act, subsections (2A) to (3) of section 28ZD section 28Q(11) section 5(2)
4: The Fisheries Amendment Act 1992 is hereby consequentially repealed.
12: Amount of deemed value to be returned to fisherman where quota subsequently obtained
1: This subsection substituted s 28ZF(2)
2: This section shall be deemed to have come into force on the 1st day of October 1990.
13: New Part 2B inserted
This section inserted a new Part 2B Miscellaneous provisions
14: Declaration of controlled fisheries
1: Consolidated
2: Section 11 of the Fisheries Amendment Act 1986 is hereby consequentially repealed.
3: Every Order in Council made under section 30(6)
15: Records and returns
This section amended s 66(1)﻿(b)
16: Regulations
This section amended s 89
17: Informations relating to certain offences may be heard together
This section inserted s 104A
18: Defences available to commercial fishermen taking unauthorised fish
This section amended s 105A(2)
19: Certificates and official documents
This section amended s 106(1)﻿(a)﻿(vi)
20: Forfeiture of property and quota on conviction
This section amended s 107B
21: Variation of resource rentals
This section amended s 107G(1)﻿(a)
22: Amounts payable under Act recoverable as statutory debts
This section inserted s 107I
23: New Schedule 1D inserted
This section inserted Schedule 1D
24: Revocations
1: The Fisheries (Southern Scallop Fishery Quota) Regulations 1992 are hereby revoked.
2: The Fisheries (Southern Scallop Fishery Quota Allocation) Notice 1992 is hereby revoked.
3: Notwithstanding subsections (1) and (2) of this section or anything in section 28ZZ Part 5 of Schedule 1D Transitional provisions
25: Catches taken under individual quota deemed taken under individual transferable quota
Notwithstanding anything in the principal Act, or any regulations made under that Act,—
a: For the purposes of calculating the amount of scallops that may be taken under the authority of quota in the fishing year ending with the close of the 31st day of March 1993, all scallops taken from the Southern Scallop Fishery in the period beginning on the 18th day of August 1992 under the authority of an individual quota, shall be deemed to have been taken under the authority of an individual transferable quota granted under Part 2B
b: Resource rentals payable under the principal Act in respect of scallops shall, until the close of the 31st day of March 1993, continue to be paid on the basis of catch.
26: Scallop Enhancement Project Trust Account
1: Subject to subsections (2) and (3) of this section, the Director-General shall, as soon as practicable, close the Scallop Enhancement Project Trust Account established by the Ministry.
2: The Director-General shall pay into the Ministry's departmental account the sum of $60,000.
3: The Director-General shall pay the balance remaining in the Trust Account to the trust account established under section 28ZZG section 13
27: Validation of levy
All money collected by the Ministry by way of a levy of $5.50 per tonne of scallops taken from the Southern Scallop Fishery, being a levy imposed in respect of an additional amount of 96 tonnes of scallops made available by the Crown in October 1991, is hereby deemed to be and always to have been lawfully collected.
28: Savings
1: Nothing in this Act limits or affects any regulations made under the principal Act and in force immediately before the commencement of this Act.
2: Nothing in this Act affects any conviction entered before the commencement of this Act in respect of an offence against the principal Act or regulations made under that Act.
3: In the case of any charge laid against any person for an alleged offence against the principal Act or regulations made under that Act, being a charge—
a: Laid on or after the 1st day of April 1990 and before the date of the making of regulations made under paragraphs (ka) and (kb) of section 89(1)
b: Laid in respect of fish taken before the date of the making of the regulations referred to in paragraph (a) of this subsection,— the following provisions shall apply:
c: The fact that the regulations referred to in paragraph (a) of this subsection had not been made before the fish were taken shall not in itself be a ground for dismissing the charge:
d: Any balance used by the Ministry to establish the amount of fish taken by the defendant or the catching rights available at the end of any month, and the basis on which that balance was calculated or assessed, shall not be invalid by reason only that the regulations referred to in paragraph (a) of this subsection had not been made before the fish were taken.
4: Nothing in this Act shall render any person liable to conviction of any offence against the principal Act, or any regulations made under that Act, on account of any act or omission which did not constitute an offence at the time it occurred.
2: Amendments to Maori Fisheries Act 1989
29: Part to be read with Maori Fisheries Act 1989
This Part of this Act shall be read together with and deemed part of the Maori Fisheries Act 1989 (hereinafter in this Part of this Act referred to as the principal Act.
30: Allocation of quota for Southern Scallop Fishery
This section inserted s 44A of the Maori Fisheries Act 1989.
31: Stamp duty exemption
This section amended s 46 of the Maori Fisheries Act 1989.