New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 77A

77A Rental charge for access to category 2 share management fishery

(1) Shareholders in a category 2 share management fishery are required to pay a rental charge for their right of access to the fishery.

(2) The amount of the rental charge, the method of its payment and other matters concerning its payment are to be provided for by the management plan.

(3) The maximum rental charge is $100 for a 12-month period.

(4) The management plan for a fishery may provide for the adjustment of the maximum rental charge to take into account changes in the consumer price index. In that case, the maximum rental charge is the amount so adjusted.

(5) A person is exempt from paying the rental charge:

(a) if the person holds shares in another category 2 share management fishery and has paid a rental charge for the same period in respect of that other fishery (unless the management plan otherwise provides), or

(b) in such other circumstances as may be provided for by the management plan.

(6) This section applies in respect of a category 2 share management fishery:

(a) if the fishery is, before the commencement of limited access to the fishery, also a restricted fishery-on and from the day the fishery becomes a share management fishery, or

(b) in any other case-on and from the day appointed for the commencement of limited access to the fishery.

(7) Until the commencement of the management plan for the fishery, the Minister may determine the matters that under this section may be provided for by the plan.

(8) For the purposes of this section:

(a) an applicant for shares in a category 2 share management fishery who has duly lodged an appeal to the Share Appeal Panel, and whose appeal is pending, is taken to be a shareholder in the fishery, and

(b) if a category 2 share management fishery is also a restricted fishery-a person authorised to take fish in the fishery or, if a person is authorised to take fish in the fishery as the employee or nominee of some other person, that other person is taken to be a shareholder in the fishery.