FISHERIES MANAGEMENT ACT 1991 - SECT 31C Rights of option holder where new plan of management has some features in common with the former plan of management

FISHERIES MANAGEMENT ACT 1991 - SECT 31C

  (1)   This section applies to the new plan if:

  (a)   in AFMA's opinion section   31B does not apply to the new plan; and

  (b)   the new plan applies to a geographical area that consists of or includes the whole or a part of the geographical area to which the former plan applied; and

  (c)   at least one of the species of fish in respect of which statutory fishing rights are available to be granted under the new plan (except any species that is a by - catch) was also a species of fish in respect of which statutory fishing rights were granted under the former plan immediately before it was revoked.

  (2)   If a person holds a statutory fishing rights option in respect of statutory fishing rights under the new plan, the option entitles the person to be granted such number of such classes of statutory fishing rights under the new plan as AFMA determines to be fair and equitable having particular regard to the number and classes of statutory fishing rights:

  (a)   if the person was a former holder of fishing rights--held by the person; or

  (b)   otherwise--held by the former holder of fishing rights from whose fishing rights under the former plan the person directly or indirectly became entitled to the option;

under the former plan immediately before it was revoked.

  (3)   In determining the number of a class of statutory fishing rights to be granted to a person under the new plan in accordance with subsection   (2), AFMA must take into account:

  (a)   the extent to which the new plan applies to the fishery to which the former plan applied; and

  (b)   the number and classes of statutory fishing rights:

  (i)   if the person was a former holder of fishing rights--held by the person; or

  (ii)   otherwise--held by the former holder of fishing rights from whose fishing rights under the former plan the person directly or indirectly became entitled to the option;

    under the former plan immediately before it was revoked; and

  (c)   the procedures to be followed under the new plan for the granting of fishing rights; and

  (d)   the conditions relevant to the registration under the new plan of persons who are to be eligible for the grant of statutory fishing rights.