Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 64

Initial quota order

64. Initial quota order



(1) The Minister may, by order published in the Government Gazette-

   (a)  declare that the whole, or a specified zone or zones, of a fishery is
        to be managed by the allocation of quotas;

   (b)  determine the method for setting the number of individual quota units
        for the quota fishery;

   (c)  determine the method for allocating individual quotas to each access
        licence issued in respect of the quota fishery;

   (d)  declare that individual quota units in the quota fishery may be
        transferred-

   (i)  permanently; or

   (ii) for a quota period only;

   (e)  set the minimum and maximum number of individual quota units that may
        be acquired or held by each licence holder;

   (f)  determine the circumstances, if any, in which the individual quotas
        can be exceeded or carried over (other than by transfer).

(2) The Minister may revoke or amend an order at any time by order published
in the Government Gazette.

(3) However, if the Minister makes a declaration under subsection (1)(d)(i),
the Minister may only amend that declaration or anything under subsection
(1)(a), (b) or (c) if the amendment is required-

   (a)  to give effect to the management plan for the quota fishery declared
        under section 28, or to any change to that plan; or

   (b)  to correct-

   (i)  a clerical mistake; or

   (ii) an error arising from an accidental slip or omission; or

   (iii) a miscalculation of figures.

(4) If the Minister makes a declaration under subsection (1)(d)(i), the
holders of access licences may also transfer individual quota units for a
quota period only.