FISHERIES ACT 1994 - SECT 44 Limits to compensation payable

FISHERIES ACT 1994 - SECT 44

44 Limits to compensation payable

(1) The entitlement under section 43 arises only if the cause, or one of the causes, of the loss or reduction was—

(a) a reallocation, under the relevant amendment, of the entitlement to take fisheries resources to persons who do not hold an authority to which section 43 applies; or

(b) a restriction or prohibition, under the relevant amendment, of the exercise of the entitlement in an area, if the purpose of the restriction or prohibition was to protect a thing that is not fish.

(2) Compensation is not payable for the loss or reduction if—

(a) compensation under section 43 has already been paid for the loss or reduction to a previous or another holder of the eligible authority; or

(b) compensation is payable for a similar loss or reduction of an entitlement under another Act or law of the State, another State or the Commonwealth.