Fisheries Amendment Act (No 2) 2004

1: Title
1: This Act is the Fisheries Amendment Act (No 2) 2004.
2: In this Act, the Fisheries Act 1996 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) scallop spat scampi Metanephrops challengeri .
4: Qualifying years
Section 33 paragraph (a)
a: in the case of a person eligible under section 32(1)(a)(ii) section 2(2) of the Fisheries Amendment Act 1994
i: the first consecutive 12 months following the date of issue of the fishing permit; or
ii: the fishing years commencing respectively on 1 October 1990 and 1 October 1991: .
5: New heading and sections inserted
The principal Act is amended by inserting, after section 369M Introduction of scampi into quota management system
369N: Scampi subject to quota management system
1: On 1 October 2004 scampi in quota management areas SCI1, SCI2, SCI3, SCI4A, SCI5, SCI6A, SCI6B, SCI7, SCI8, SCI9, and SCI10 become subject to the quota management system under Part 4
2: In this section and sections 369O to 369R
a: the references to quota management areas SCI1, SCI2, SCI5, SCI7, SCI8, SCI9, and SCI10 are references to the fishery management areas described by reference to the same numbers in the First Schedule
b: the references to SCI3, SCI4A, SCI6A, and SCI6B are references to the scampi quota management areas described by reference to those numbers in Schedule 13
3: The fishing year for scampi is the 12-month period commencing on 1 October.
4: The total allowable commercial catch and annual catch entitlement for scampi in the quota management areas referred to in subsection (1)
369O: Allocation of provisional catch history
1: Each person named in column 1 of Part 1 of Schedule 14
2: Each person named in column 1 of Part 2 of Schedule 14
3: Each person named in column 1 of Part 3 of Schedule 14
4: Each person named in column 1 of Part 4 of Schedule 14
5: Each person named in column 1 of Part 5 of Schedule 14
6: Each person named in column 1 of Part 6 of Schedule 14
7: Each person named in column 1 of Part 7 of Schedule 14
369P: Notification of fishers allocated provisional catch history
1: As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 comes into force, the chief executive must notify every person named in Schedule 14
a: the amount of provisional catch history allocated to the person under section 369O
b: the person's right to appeal under section 51(1) section 369R(4)
c: the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
369Q: Public notification of provisional catch history allocation
1: As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 comes into force, the chief executive must publicly notify—
a: that provisional catch history for scampi has been allocated under section 369O
b: that a person may appeal to the Catch History Review Committee under section 51(1) section 369R(4)
i: has not been allocated provisional catch history for scampi; and
ii: believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for scampi; and
c: that the appeal must be lodged no later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
369R: Application of certain provisions to scampi
1: Sections 36 and 37 20 working days sections 36(2)(b) and 37(2)(b) 10 working days
2: Sections 42 to 44, 46 to 49, 51 to 53, 54(1)(a), (2), and (3), 55, and 283 to 293
3: Section 45 section 369N(1) Gazette section 18
4: For the purposes of subsection (2) of this section section 51 subsection (1) of that section
1: Any person, including the chief executive, may, subject to subsection (3) section 369P(1)(c) or section 396Q(1)(c) section 369O
a: was incorrectly recorded by the chief executive; or
b: excluded scampi that were lawfully taken and lawfully reported as landed or otherwise lawfully disposed of in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992.
5: For the purposes of this section,—
a: eligible catch section 34(2)
i: the provisional catch history for scampi allocated under section 369O section 34(1)(c)
ii: the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992; and
b: eligible return section 32(2)
6: New
Schedules 13 14 The principal Act is amended by adding the Schedules 13 and 14 set out in the Schedule