Fisheries Amendment Act 1991

1: Short Title and commencement
1: This Act may be cited as the Fisheries Amendment Act 1991, and shall be read together with and deemed part of the Fisheries Act 1983
2: Except as provided in section 7(4)
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4: Appeal against allocation or failure to allocate provisional maximum individual transferable quota
1: This subsection amended s 28H(1)
2: This subsection amended s 28H(2)
3: This subsection amended s 28H(3)
4: This subsection amended s 28H(4)
5: Nothing in this section affects the validity, or prevents the continuation, of any appeal lodged before the date of the commencement of this section.
5: Appeal against allocation or failure to allocate provisional maximum transferable term quota
1: This subsection amended s 28HA(1)
2: This subsection amended s 28HA(2)
3: This subsection amended s 28HA(3)
4: This subsection amended s 28HA(4)
5: Nothing in this section affects the validity, or prevents the continuation, of any appeal lodged before the date of the commencement of this section.
6: Interpretation of provisions relating to compensation
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4: Subsection (3) repealed 1 October 1994 section 8(3)﻿(c) Fisheries Amendment Act 1994 Subsection (4) repealed 1 October 1994 section 8(3)﻿(c) Fisheries Amendment Act 1994
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10: Limit on total compensation payable
1: This subsection inserted section 15(aa)
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4: Subsections (4) and (5) amended section 28OJ(1)
5: Subsections (4) and (5) amended section 28OJ(1)
6: Subsection (3) repealed 1 October 1994 section 8(3)﻿(c) Fisheries Amendment Act 1994 Subsection (6) repealed 1 October 1994 section 8(3)﻿(c) Fisheries Amendment Act 1994 Subsection (2) repealed 1 October 1995 section 9(4)﻿(d) Fisheries Amendment Act 1995
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12: Manner and timing of payment of compensation
1: This subsection substituted s 28OL(1)﻿(a)
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3: This section substituted s 28OL(3)﻿(a)
4: No person shall have any claim against the Crown, the Minister, the Association, the Federation, or the Commission by reason of any delay in the payment of compensation that became payable under the principal Act before the commencement of this Act.
5: Notwithstanding anything in the principal Act, where compensation is payable under any of sections 28OG to 28OI
a: In the case of rock lobster (if the compensation balance is sufficient), the payment due shall be paid out of the compensation balance as at the date of the commencement of this Act and be paid before the close of the next quarter after that date of commencement:
b: In the case of any other species of fish (if the compensation balance is sufficient), the full amount of the agreed preliminary percentage of compensation shall be paid out of the compensation balance as at that date of commencement and be paid before the close of the next quarter after that date of commencement:
c: If the compensation balance is insufficient to enable the payments referred to in paragraphs (a) and (b) of this subsection to be paid, the payments due shall be paid in accordance with the priorities set out in section 28OL(2) Subsection (2) repealed 1 October 1994 section 8(3)﻿(c) Fisheries Amendment Act 1994
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19: Commercial fishermen may be required to pay deemed value of excess or unauthorised quota fish
1: This subsection inserted s 28ZD(3)
2: Demands may be made under section 28ZD
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26: Special regulations relating to freshwater farming
1: This subsection substituted s 91(e)
2: The following enactments are hereby consequentially repealed:
a: Section 25 of the Fisheries Amendment Act 1986:
b: Section 2(1)
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29: Section 29 repealed 1 October 1994 section 8(3)﻿(c) Fisheries Amendment Act 1994
30: Payments to Crown in lieu of disposal or surrender of fish taken contrary to Act
1: Where, in relation to any fish taken before the commencement of this section,—
a: Any person either—
i: Has notified or notifies a Fishery Officer or any employee of the Ministry of the matters notifiable under section 88(1)﻿(c)﻿(i) section 105A(1)﻿(c)﻿(ii)
ii: Has furnished or furnishes the Director-General or the Ministry with a return in a form purporting to be required by the Director-General under section 66
b: That person or a licensed fish receiver—
i: Has paid to the Crown a sum (including any interest and any additional amount for late payment) sought by the Crown in respect of the value of the fish referred to in the notice or return; or
ii: Either—
A: Has received a request or demand from the Crown to pay a sum in respect of the value of the fish referred to in the notice or return, being a request or demand that was not cancelled or withdrawn by the Crown before the commencement of this Act; or
B: Receives a request or demand, being a request or demand made for the first time, to pay a sum in respect of the value of the fish referred to in the notice or return or receives a request or demand to pay such a sum that is issued in place of a request or demand that was made and subsequently cancelled or withdrawn by the Crown; or
iii: Has entered into any agreement or made any arrangement with the Crown in respect of the fish referred to in the notice or return, being an agreement or arrangement in respect of quota held by that person or another person whereby—
A: The fish taken were regarded for the purposes of the agreement or arrangement as having been taken under the authority of that quota; and
B: The right to take fish under the authority of that quota was adjusted accordingly,— then, as the case may be,—
c: The sum paid shall be deemed to have been validly paid and the Crown shall be entitled to retain that sum; or
d: The request or demand shall be deemed to have been validly made and shall be treated as a lawful debt due to the Crown by the person or licensed fish receiver, and that debt shall, subject to subsection (3) of this section, be deemed to be a statutory debt within the meaning of section 13A of the Ministry of Agriculture and Fisheries Act 1953 and may be recovered in any Court of competent jurisdiction; or
e: The agreement or arrangement shall be deemed to have been validly made and all of the parties thereto shall be bound by it.
2: Every request or demand referred to in subsection (1)﻿(b)﻿(ii)﻿(B) of this section, not being a request or demand made in place of, and for the same amount as, a request or demand cancelled or withdrawn by the Crown, shall be for a sum calculated having regard to the basis on which any like requests or demands were calculated before the commencement of this Act.
3: Section 13A of the Ministry of Agriculture and Fisheries Act 1953 shall apply to debts due under this section as if such debts are payable within 3 months after the date on which payment is demanded (being a demand made on or after the commencement of this Act).
4: Nothing in subsection (1) of this section affects any demand made under section 28ZD
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