FISH RESOURCES MANAGEMENT ACT 1994 - SECT 60
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 60
60 . Management plan may provide for entitlements under authorisations
(1) Without limiting
section 56(3), a management plan may provide for a scheme relating to the
extent of the entitlements conferred by authorisations in respect of the
fishery or any part of the fishery.
(2) The management
plan may —
(a)
specify the way in which entitlements are to be fixed and allocated;
(ba)
provide for minimum entitlements;
(b)
provide for all or any of the entitlement to be specified in an authorisation;
(c)
provide for entitlements to be expressed in terms of units (however described)
and from time to time specify the extent of the entitlement arising from such
units;
(d)
suspend entitlements during a specified period;
(e)
provide for entitlements to be increased or reduced;
(f)
provide for the conversion of one kind of entitlement into another kind of
entitlement;
(g)
prohibit a person from doing any thing in excess of an entitlement;
(ha)
provide for the expiation of an offence under section 74(2) of contravening a
provision of a management plan that prohibits a person from taking fish in
excess of an entitlement by the payment within a specified time of an amount
equal to the value of the excess fish determined in accordance with the method
described in section 222(4)(a) or (b) and for the crediting of any amount so
paid to the Fisheries Research and Development Account;
(hb)
provide that the authority conferred by an authorisation is of no effect if
the entitlement under the authorisation is below a specified minimum
entitlement;
(h)
authorise the temporary transfer of entitlements (either generally or only in
specified circumstances);
(i)
specify —
(i)
the criteria that a person must satisfy before the person
can buy any forfeited entitlement under section 76(4); and
(ii)
the way in which any forfeited entitlement may be sold
under that section.
[Section 60 amended: No. 43 of 2011 s. 19.]