Fisheries (Quota Operations Validation) Act 1997

1: Short Title
This Act may be cited as the Fisheries (Quota Operations Validation) Act 1997, and is part of the Fisheries Act 1983 the Act
2: Purpose
The purpose of this Act is to confirm and validate—
a: the manner in which, in relation to the matters referred to in sections 4 to 6
i: matters have been recorded in the quota registers kept under the Fisheries Act 1983
ii: landed catch has been allocated against quota or established underfishing entitlements or overfishing rights; and
b: any advice given on quota balances to fishers and others, and any other advice given and actions taken (including the assessment and collection of deemed value amounts), in reliance on the matters recorded in quota registers and on the manner in which landed catch has been allocated against quota or established underfishing entitlements or overfishing rights.
3: Interpretation
1: In this Act, unless the context otherwise requires,— appointed date
a: 31 December 1997; or
b: such earlier date as may be appointed under subsection (3) Regulations
2: The terms core catch rights deemed value established underfishing entitlement landed catch overfishing right quota quota register underfishing right
3: The Governor-General may by Order in Council declare an appointed date earlier than 31 December 1997 for the purposes of sections 5 6
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(3) 25 August 1997 clause 2 Fisheries (Quota Operations Validation Appointed Date) Order 1997 Section 3(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Overfishing and underfishing rights and entitlements
1: For the avoidance of doubt, section 28V Fisheries Act 1996
a: the utilisation by an owner (but not lessee) of quota of an established underfishing entitlement arising from the preceding year’s underfishing of that quota, to the extent permitted by section 28V(6) and (8)
b: in relation to any established underfishing entitlement, the allocation during a fishing year of any landed catch against that entitlement before catch is allocated or fully allocated against the core catch rights of the quota to which the entitlement relates; and
c: the transfer (otherwise than by way of lease or sublease) of an established underfishing entitlement along with the quota to which it relates, to the extent that landed catch has not already been allocated against that entitlement under the Act or the Regulations; and
d: the treating of any overfishing right as arising other than at the end of a fishing year; and
e: the transfer (otherwise than by way of lease or sublease) of any overfishing right along with the quota to which it relates; and
f: the allocation of landed catch against quota and established underfishing entitlements and overfishing rights, and the assessment of deemed values, under the Act and the Regulations accordingly.
2: In the case of a lease of quota that was registered before 1 April 1990, section 28V Fisheries Act 1996
a: the utilisation by the lessee of an established underfishing entitlement arising from the preceding year’s underfishing of that quota, to the extent permitted by section 22 section 28V
b: the transfer by the lessee of any overfishing right or established underfishing entitlement (to the extent that landed catch has not already been allocated against that entitlement under the Act or the Regulations) along with the transfer or granting of an interest in the lease; and
c: the allocation of landed catch against quota and established underfishing entitlements and overfishing rights, and the assessment of deemed values, under the Act and the Regulations accordingly.
3: Nothing in subsection (1) of this section or section 28V
4: Amendment(s) incorporated in the Act(s)
5: Lessee acquiring ownership of quota, etc
1: If during the term of a registered lease of quota the lessee acquires ownership of the quota, then, notwithstanding that the rights and obligations under the lease may have ceased to exist by virtue of the subsequent ownership of the quota by the lessee,—
a: the quota is nevertheless deemed for the purposes of the Act to have always been and to be still subject to that lease until the earlier of—
i: the expiry of the term of the lease; and
ii: the close of the appointed date; and
b: the lease is accordingly deemed to be and to have always been validly recorded against the quota in the quota register until the relevant date determined under paragraph (a); and
c: the allocation of landed catch against the quota or established underfishing entitlements or overfishing rights, and the assessment of deemed values, are to be determined under the Act and the Regulations accordingly.
2: Similarly, where the status, rights, or obligations of any party to a registered lease or sublease of quota changes by virtue of a novation or the acquisition of any different interest within the chain of interests in the quota,—
a: the quota is nevertheless deemed for the purposes of the Act to have always been and to be still subject to the relevant lease or sublease, notwithstanding that the rights or obligations under the lease or sublease may have changed or ceased to exist by virtue of the novation or the acquisition of the different interest, until the earlier of—
i: the expiry of the term of the relevant lease or sublease; and
ii: the close of the appointed date; and
b: the lease or sublease is accordingly deemed to be and to have always been validly recorded against the quota in the quota register until the relevant date determined under paragraph (a); and
c: the allocation of landed catch against the quota or established underfishing entitlements or overfishing rights, and the assessment of deemed values, are to be determined under the Act and the Regulations accordingly.
3: This section applies throughout the period from 1 August 1986 to the appointed date (both dates inclusive) to any lease or sublease registered on the quota register at any time during that period.
4: Subsections (1) and (2) also apply on and after the appointed date in respect of any quota and any lease or sublease (whenever registered) for so long as the quota or lease or sublease is held by the Crown as forfeit quota under section 107B
6: Retrospective treatment of variation of leases, etc
1: Where a variation to a lease or other transaction recorded in the quota register has been notified to the Ministry and registered, the treatment of the lease or transaction as if the variation had been part of the original lease or transaction is deemed to be and to have always been valid for all purposes of the Act, and—
a: the lease or other transaction as varied is deemed to have been always validly recorded in the quota register; and
b: the allocation of landed catch against quota or established underfishing entitlements or overfishing rights, and the assessment of deemed values, are to be determined under the Act and the Regulations accordingly.
2: This section applies to all variations notified at any time during the period from 1 August 1986 to the appointed date (both dates inclusive).
7: Advice given and other actions taken in reliance on matters specified in sections 4 to 6
All advice given on quota balances to fishers and others, and any other advice given and actions taken (including the assessment and collection of deemed value amounts), in reliance on the matters confirmed and validated by sections 4 to 6
8: Proceedings commenced on or after 22 April 1997
This Act has effect for the purpose of determining any proceedings commenced on or after 22 April 1997, whether or not completed before the date on which this Act receives the Royal assent.
9: Regulations may be made in relation to resolution with fishing industry of issues relating to matters dealt with in this Act
1: The Governor-General may from time to time, on the recommendation of the Minister made after consultation with such persons or organisations as the Minister considers are representative of the commercial fishing industry and after having regard to the interests of affected persons who by reason of having left the industry are no longer represented by such persons or organisations, by Order in Council make regulations setting rules or providing a framework for the manner in which any issues relating to or arising directly or indirectly from the matters dealt with in this Act may be addressed having regard to the interests of persons affected and of the fishing industry generally.
2: Any such regulations may set rules for the application of any money that may be set aside by the Crown for the purpose of addressing issues relating to or arising directly or indirectly from the matters dealt with in this Act, including—
a: rules that prescribe circumstances in which payments may be made to persons or classes of persons (including persons who have left the commercial fishing industry) in respect of any matter dealt with in this Act, and the amount or maximum amount or method of assessment of any such payments:
b: rules as to the application of the money towards the development or implementation of any measures relating to or arising directly or indirectly from the matters dealt with in this Act that are agreed between the Minister and such persons or organisations as the Minister considers are representative of the commercial fishing industry:
c: rules that specify the proportion or maximum proportion of the money to be allocated in respect of the resolution of issues or of a particular issue relating to any particular type or class of affected person or measure.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021