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Living Marine Resources Management Amendment (Rock Lobster Quota) Act 1997
An Act to amend the Living Marine Resources Management Act 1995
[Royal Assent 11 December 1997]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Living Marine Resources Management Amendment (Rock Lobster Quota) Act 1997 .
This Act commences on the day after the day on which it receives the Royal Assent.
In this Act, the Living Marine Resources Management Act 1995 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by inserting the following definition after the definition of master :maximum number of pots means the maximum number of rock lobster pots for any year starting 1 November during the period 1 November 1988 to 31 October 1997 as calculated under section 98H ;(b) by inserting the following definitions after the definition of repealed Act :rock lobster catch history means the history of past catches of rock lobster of a holder of a licence that entitles the taking of rock lobster for commercial purposes which equals the sum of the 3 greatest yearly catch histories for the years during the period commencing 1 November 1988 to 31 October 1997;rock lobster catch history unit means a unit that is equal to the rock lobster catch history divided by the sum of the rock lobster catch histories of all licence holders multiplied by the total allowable catch for the rock lobster fishery B;rock lobster fishery A means the fishery for rock lobster for commercial purposes that consists of the class of persons who hold a licence to take rock lobster for commercial purposes;rock lobster fishery B means the fishery for rock lobster for commercial purposes that consists of the class of persons who have a rock lobster catch history;rock lobster quota unit means a unit that is an entitlement to one 10 507th of the total allowable catch set for the rock lobster fishery A for the relevant year;(c) by inserting the following definitions after the definition of waters relevant to the State :year, for the purpose of Division 6A of Part 4 , means a period of 12 months commencing on 1 November;yearly catch means the catch of rock lobster during a year as referred to in section 98I ;yearly catch history means the history of the yearly catch as calculated in section 98J .
5. Section 76 amended (Management plan prevails)
Section 76 of the Principal Act is amended as follows:(a) by inserting "(1)" before "Any";(b) by inserting the following subsection:(2) Subsection (1) does not apply to a provision of a management plan that relates to any matter referred to in Division 6A .
6. Section 94 amended (Total allowable catch provisions)
Section 94 of the Principal Act is amended by inserting the following paragraph after paragraph (b):(ba) that the Minister is to set or vary a total allowable catch in respect of any species or class of fish in a fishery or part of a fishery; or
7. Part 4: Division 6A inserted
After section 98 of the Principal Act, the following Division is inserted in Part 4:Division 6A - Rock lobster quota98A. Commercial rock lobster quota management
The commercial rock lobster fishery is subject to quota management under a management plan.98B. Total allowable catch for commercial rock lobster fishery
(1) The total allowable catch for the commercial rock lobster fishery for the year starting 1 March 1998 is 1502.5 tonnes.(2) The total allowable catch for the rock lobster fishery A is as follows:(a) 0.90909 multiplied by the total allowable catch for the commercial rock lobster fishery for the period of 12 months commencing 1 March 1998;(b) 0.94406 multiplied by the total allowable catch for the commercial rock lobster fishery for the period of 12 months commencing 1 March 1999;(c) 0.97902 multiplied by the total allowable catch for the commercial rock lobster fishery for the period of 12 months commencing 1 March 2000;(d) 1.0 multiplied by the total allowable catch for the commercial rock lobster fishery for each period of 12 months commencing after 28 February 2001.(3) The total allowable catch for the rock lobster fishery B is as follows:(a) 0.09091 multiplied by the total allowable catch for the commercial rock lobster fishery for the period of 12 months commencing 1 March 1998;(b) 0.05594 multiplied by the total allowable catch for the commercial rock lobster fishery for the period of 12 months commencing 1 March 1999;(c) 0.02098 multiplied by the total allowable catch for the commercial rock lobster fishery for the period of 12 months commencing 1 March 2000;(d) zero for each period of 12 months commencing 1 March after 28 February 2001.98C. Allocation of rock lobster quota units
(1) The Minister is to allocate rock lobster quota units to the holders of fishing licences that entitle the taking of rock lobster for commercial purposes.(2) The Minister may only allocate up to a total of 10 507 rock lobster quota units.(3) The Minister is to allocate rock lobster quota units for the year starting 1 March 1998 on the basis of one rock lobster quota unit for each rock lobster pot specified as at 9 January 1998 in a fishing licence that entitles the holder to take rock lobster for commercial purposes.(4) The holder of a fishing licence in force as at 1 March 1998 that entitles the holder to take rock lobster for commercial purposes is not entitled to more rock lobster quota units than the number of rock lobster pots specified in such a licence held by that holder as at 28 February 1998 unless additional rock lobster quota units are subsequently transferred to that licence under section 82 .98D. Licence to specify rock lobster quota units
(1) A fishing licence that entitles the holder to take rock lobster for commercial purposes is to specify the number of rock lobster quota units to which the holder is entitled.(2) The number of rock lobster quota units to which the holder of a fishing licence is entitled under subsection (1) is to be no more than the maximum number specified in a management plan relating to the rock lobster fishery.98E. Limit on quota units and licences
(1) The holder of a fishing licence that entitles the taking of rock lobster for commercial purposes must not receive any payment or benefit in kind in, or hold, more rock lobster quota units or licences than specified in a management plan relating to the rock lobster fishery.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding one year, or both.(2) The holder of a licence referred to in subsection (1) must not enter into any arrangement or contract with any other person that has the effect of contravening subsection (1) .Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding one year, or both.(3) The Minister may cancel a licence referred to in subsection (1) if the holder of the licence is convicted of an offence under this section.98F. Allocation of rock lobster catch history unit
(1) The Minister is to allocate rock lobster catch history units in respect of a period of 12 months commencing on 1 March as follows:(a) in respect of the period commencing 1 March 1998, after whichever of the following occurs first:(i) 14 days after all appeals under section 98L are decided;(ii) 14 August 1998;(b) in respect of the periods commencing 1 March 1999 and 1 March 2000 after taking into account any decision made after 1 August 1998 relating to an appeal.(2) The Minister may only allocate –(a) rock lobster catch history units to persons who –(i) hold fishing licences that entitle the taking of rock lobster for commercial purposes; and(ii) held such a licence as at 14 February 1998; and(b) up to a total of 316 rock lobster catch history units.(3) The Minister may allocate only one rock lobster catch history unit in respect of one fishing licence.(4) The Minister is to allocate a rock lobster catch history unit taking into account –(a) the value of the rock lobster catch history as determined under section 98G ; and(b) the result of any review made by the Secretary under section 98K ; and(c) any decision in respect of an appeal made under section 98L .(5) The allocation of rock lobster catch history units is not subject to review or appeal.(6) The Minister is to notify licence holders of –(a) their allocation of rock lobster catch history units; and(b) the variation of their licences to specify that allocation.(7) A fishing licence that entitles the holder to take rock lobster for commercial purposes is to specify the number of kilograms equivalent to the rock lobster catch history unit as allocated under this section.(8) The Minister is not to vary a rock lobster catch history unit during the period for which it has been allocated.98G. Value of rock lobster catch history
(1) Before the Minister allocates any rock lobster catch history units, the Secretary is to determine and advise licence holders before 14 February 1998 of the value of their respective rock lobster catch history.(2) The Secretary, in determining the value of a licence holder's rock lobster catch history, may take into account any previous licence to take rock lobster for commercial purposes that the person held.(3) The value of a rock lobster catch history that is the subject of an appeal that has not been decided by 31 July 1998 is taken to be the value as determined by the Secretary under subsection (1) or section 98K .The maximum number of pots for any year during the period 1 November 1988 to 31 October 1997 is to be based on the number of pots specified in a fishing licence that entitles the taking of rock lobster for commercial purposes during the period when the rock lobster fishery was open for fishing.(1) The yearly catch is the catch of rock lobster in kilograms taken under a fishing licence that entitles the taking of rock lobster for commercial purposes as recorded in the appropriate returns before 31 October 1997.(2) The yearly catch used to calculate the yearly catch history –(a) is to be taken from the years during the period 1 November 1988 to 31 October 1997; and(b) may include any adjustment made to the returns to take into account any missing or inconsistent information.(1) The yearly catch history for a year is calculated in accordance with the following formula:where –YCH is the yearly catch history;P is the maximum number of pots for that year;YC is the yearly catch history for that year.(2) A rock lobster catch history that is negative is to be treated as zero.(1) The holder of a fishing licence, on or before 14 March 1998, may request the Secretary to review the determination of the value of the rock lobster catch history in relation to the facts of the case that were used to calculate that value.(2) The Secretary is to –(a) comply with a request for a review on or before 30 April 1998; and(b) notify the licence holder of the result of the review as soon as practicable.(1) The holder of a fishing licence may appeal to the Appeal Tribunal against the result of a review of the Secretary under section 98K on –(a) the facts of the case; or(b) the grounds of natural justice.(2) An appeal is to be made within 28 days after receipt of the notification under section 98K(2)(b) .(3) For the purpose of the appeal, the Appeal Tribunal is to be constituted by more than one member, one of whom must possess expertise in fishing or the fishing industry.(4) Any decision of the Appeal Tribunal is to be included in the allocation of rock lobster catch history units in the following year.
[Second reading presentation speech made in:
House of Assembly on 13 NOVEMBER 1997
Legislative Council on 19 NOVEMBER 1997]