New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 40Q

40Q Allocation of fishing determination to commercial fishing authority holders

(1) The Secretary may allocate a commercial fishing determination among commercial fishing authority holders.

(2) A commercial fishing determination is to be allocated only if--

(a) the regulations require the fishing determination to be allocated, or

(b) the Minister directs that the fishing determination be allocated.

(3) The regulations may provide for and, subject to the regulations, the Minister may direct--

(a) the extent to which a commercial fishing determination is to be allocated amongst commercial fishing authority holders (that is, whether the whole or part of a commercial fishing determination is to be allocated), and

(b) the commercial fishing authority holders, or class of commercial fishing authority holders, to whom an allocation is to be made, and

(c) the manner in which the commercial fishing determination (or any part of the fishing determination) is to be allocated.

Note--: A power to make regulations includes a power to include provisions in a management plan for a share management fishery with respect to that matter. See section 57.