Queensland Consolidated Regulations

RURAL AND REGIONAL ADJUSTMENT REGULATION 2011 - SCHEDULE 57

SCHEDULE 57 – Fisheries structural adjustment scheme—stage 1

Part 1 - Preliminary

1 Objectives of scheme

The objectives of the scheme are—

(a) to provide assistance to the following entities affected by the closure of particular commercial fisheries in the Great Barrier Reef region (the
"closed fisheries" )—

(i) a holder of a primary commercial fishing licence if 1 or more fishery symbols written on the licence stops having effect or is otherwise affected by the closure; or

(ii) a holder of a quota unit that stops having effect; and

(b) to encourage holders of particular primary commercial fishing licences who are authorised to take fish in the Great Barrier Reef region or Great Sandy region to surrender their primary commercial fishing licences or particular fishery symbols; and

(c) to encourage holders of particular quota units for fish in the Great Sandy region to surrender the quota units; and

(d) to provide assistance to holders of particular primary commercial fishing licences to replace income the holder would have been projected to earn from fishing in the closed fisheries in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and

(e) to provide assistance to holders of particular primary commercial fishing licences to seek legal or financial advice about the scheme.

2 Purpose of assistance

The purpose of assistance under the scheme is to support holders of particular primary commercial fishing licences and quota units who are affected by, or are likely to be affected by—

(a) the closure of particular fisheries in the Great Barrier Reef region by the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or

(b) the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 .

3 Definitions for schedule

In this schedule—

"applicant" means an entity applying for financial assistance under the scheme.

"barramundi units" see section 22 .

"catch history" , in a commercial fishery, see section 4 .

"class 1 fishery symbol" , for part 2 , division 3 , see section 15 .

"class 1 licence" , for part 2 , division 3 , see section 15 .

"class 2 fishery symbol" , for part 2 , division 3 , see section 15 .

"class 2 licence" , for part 2 , division 3 , see section 15 .

"class 3 fishery symbol" , for part 2 , division 3 , see section 15 .

"class 3 licence" , for part 2 , division 3 , see section 15 .

"commercial fishery" means a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 .

"east coast inshore management region 1" see Fisheries (Commercial Fisheries) Regulation 2019 .

"fishery symbol" has the meaning given by the Fisheries (General) Regulation 2019 .

"fishing data" means information given to the chief executive under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 or 6 .

"GM5-ITQ units" , for part 3 , division 2 , see section 27 .

"Great Barrier Reef region" means east coast inshore management regions 1 to 4 under the Fisheries (Commercial Fisheries) Regulation 2019 .

"Great Sandy region" means the area of the Great Sandy Marine Park under the Marine Parks Act 2004 on the commencement.

"grey mackerel units" see section 22 .

"hold" , in relation to a primary commercial fishing licence or quota unit, includes holding a suspended primary commercial fishing licence or quota unit.

"holder" , of a retired authority, see section 5 .

"king threadfin units" see section 22 .

"move" , for a fishery symbol written on a primary commercial fishing licence, means move the fishery symbol to another primary commercial fishing licence under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 3 , part 4 , division 2 .

"no fish period" , for an applicant—

(a) for part 4 , division 1 , see section 36 (2) (b) ; or

(b) for part 4 , division 2 , see section 42 (2) (b) .

(a) for part 4 , division 1 , see section 32 ; or

(b) for part 4 , division 2 , see section 38 .

(a) for part 4 , division 1 , see section 33 ; or

(b) for part 4 , division 2 , see section 39 .

(a) for part 4 , division 1 , see section 32 ; or

(b) for part 4 , division 2 , see section 38 .

(a) for a fishery symbol, see section 15 ; or

(b) for a primary commercial fishing licence or quota unit—means surrender under the Fisheries Act 1994 .

4 Meaning of catch history

An applicant has a
"catch history" , in a commercial fishery, if the applicant—

(a) took at least 1kg of fish from the commercial fishery under a primary commercial fishing licence during the period starting on 1 September 2021 and ending on 30 June 2023; and

(b) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .

5 Meaning of holder of retired authority

(1) This section applies if, immediately before 1 January 2024, the applicant held 1 or more of the following (each a
"retired authority" )—

(a) a primary commercial fishing licence on which a retired fishery symbol was written;

(b) a barramundi unit;

(c) a grey mackerel unit;

(d) a king threadfin unit.

(2) From 1 January 2024, the scheme applies as if—

(a) if subsection (1) (a) applies—the retired fishery symbol continued to be written on the retired authority while the applicant continues to hold the authority; or

(b) if subsection (1) (b) , (c) or (d) applies—the applicant continued to hold the retired authority.

6 Types of fishery symbols

In this schedule, 2 or more fishery symbols written on a primary commercial fishing licence are the same
"type" of fishery symbol if the symbols are the same fishery symbol and have the same number of tender boats.

Part 2 - Primary commercial fishing licences and fishery symbols

Division 1 - N1, N2, N4 and S licences

7 Nature of assistance

The nature of the assistance that may be given under this division of the scheme is a payment to holders of primary commercial fishing licences on which a retired fishery symbol is written.

8 Amount of assistance

The amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—

(a) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or

(b) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or

(c) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or

(d) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written—$7,000.

9 Eligibility criteria

An applicant is eligible for assistance under this division of the scheme if—

(a) the applicant holds a primary commercial fishing licence; and

(b) the primary commercial fishing licence has 1 or more retired fishery symbols written on it; and

(c) the applicant has not received assistance in relation to the same fishery symbol under division 3 .

Note—

For an application made after 31 December 2023, see section 5 .

10 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 2 - K1, K2, K3, K4, K5, K6, K7, K8 and N10 licences

11 Nature of assistance

The nature of the assistance under this division of the scheme is a payment to holders of primary commercial fishing licences with a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ or ‘N10’ fishery symbol written on them to recognise the holders have lost access to particular commercial fisheries in the Great Barrier Reef region.

12 Amount of assistance

The amount of assistance that may be given to an applicant under this division of the scheme is—

(a) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ is written—$28,000 for each type of fishery symbol mentioned in this paragraph that is written on the licence; or

(b) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N10’ is written—$28,000.

13 Eligibility criteria

An applicant is eligible for assistance under this division of the scheme if—

(a) the applicant holds a primary commercial fishing licence on which 1 or more of the fishery symbols ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ and ‘N10’ are written; and

(b) the applicant has not received assistance in relation to the same fishery symbol under division 3 .

14 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 3 - Surrender of primary commercial fishing licences and fishery symbols

15 Definitions for division

In this division—

"class 1 fishery symbol" means the fishery symbols ‘N1’, ‘N2’ or ‘N4’.

"class 1 licence" means a primary commercial fishing licence that—

(a) has 1 or more class 1 fishery symbols written on it; and

(b) has 1 or more class 2 or 3 fishery symbols written on it.

(a) has 1 or more class 2 fishery symbols written on it; and

(b) does not have a class 1 or 3 fishery symbol written on it.

(a) has 1 or more class 3 fishery symbols written on it; and

(b) does not have a class 1 or 2 fishery symbol written on it.

16 Nature of assistance

The nature of the assistance under this division of the scheme is a payment to holders of particular primary commercial fishing licences who decide to surrender the licences or surrender particular fishery symbols written on the licences.

17 Amount of assistance

(1) The amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—

(a) for an applicant who surrenders a primary commercial fishing licence—$20,000; or

(b) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or

(c) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or

(d) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or

(e) for an applicant who surrenders the fishery symbol ‘C1’—$25,000 for each fishery symbol surrendered; or

(f) for an applicant who surrenders the fishery symbol ‘L1’ or ‘L2’—

(i) if there is no tender boat for the fishery symbol—$7,000; or

(ii) if there is 1 tender boat for the fishery symbol—$8,000; or

(iii) if there are 2 tender boats for the fishery symbol—$9,000; or

(iv) if there are 3 tender boats for the fishery symbol—$10,000; or

(v) if there are 4 tender boats for the fishery symbol—$11,000; or

(vi) if there are 5 tender boats for the fishery symbol—$12,000; or

(vii) if there are 6 tender boats for the fishery symbol—$13,000; or

(g) for an applicant who surrenders the fishery symbol ‘L2’ if there are 7 tender boats for the fishery symbol—$14,000; or

(h) for an applicant who surrenders the fishery symbol ‘L3’—

(i) if there is no tender boat for the fishery symbol—$5,000; or

(ii) if there is 1 tender boat for the fishery symbol—$6,000; or

(iii) if there are 2 tender boats for the fishery symbol—$7,000; or

(i) for an applicant who surrenders the fishery symbol ‘N11’—$5,000; or

(j) for an applicant who surrenders the fishery symbol ‘RQ’—

(i) if there is no tender boat for the fishery symbol—$8,000; or

(ii) if there is 1 tender boat for the fishery symbol—$10,000; or

(iii) if there are 2 tender boats for the fishery symbol—$16,000; or

(iv) if there are 3 tender boats for the fishery symbol—$18,000; or

(v) if there are 4 tender boats for the fishery symbol—$20,000; or

(vi) if there are 5 tender boats for the fishery symbol—$22,000; or

(vii) if there are 6 tender boats for the fishery symbol—$24,000; or

(viii) if there are 7 tender boats for the fishery symbol—$26,000; or

(ix) if there are 8 tender boats for the fishery symbol—$28,000; or

(k) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written and who surrenders any other fishery symbol mentioned in this section—$7,000; or

(l) for an applicant who surrenders the fishery symbol ‘SM’—

(i) if there is no tender boat for the fishery symbol—$10,000; or

(ii) if there is 1 tender boat for the fishery symbol—$15,000; or

(iii) if there are 2 tender boats for the fishery symbol—$17,000; or

(iv) if there are 3 tender boats for the fishery symbol—$20,000; or

(v) if there are 4 tender boats for the fishery symbol—$25,000; or

(vi) if there are 5 tender boats for the fishery symbol—$28,000; or

(vii) if there are 6 tender boats for the fishery symbol—$30,000; or

(m) for an applicant who surrenders the fishery symbol ‘T1’ or ‘T2’—$20,000; or

(n) for an applicant who surrenders the fishery symbol ‘T5’, ‘T6’, ‘T7’, ‘T8, or ‘T9’—$25,000.

(2) For subsection (1) —

(a) if the applicant surrenders more than 1 fishery symbol of the same type—the applicant may receive assistance for only 1 of the fishery symbols; and

(b) if the applicant surrenders the applicant’s primary commercial fishing licence—the applicant may receive the assistance mentioned in subsection (1) (a) in addition to assistance for surrender of a fishery symbol written on the licence.

(3) However, an applicant may receive assistance for 2 of the same type of fishery symbol mentioned in subsection(1)(e) if more than 1 fishery symbol of the type is surrendered.

18 Eligibility criteria

(1) For an applicant to be eligible to receive assistance under this division in round 1, the applicant—

(a) must hold a class 1 licence; and

(b) must surrender—

(i) a class 2 or 3 fishery symbol written on the licence; or

(ii) the applicant’s primary commercial fishing licence; and

(c) must not have received assistance for the same type of fishery symbol under division 1 .

(2) For an applicant to be eligible to receive assistance under this division in round 2, the applicant—

(a) must hold—

(i) a class 2 or 3 licence; or

(ii) a primary commercial fishing licence, other than a class 1, 2 or 3 licence; and

(b) must surrender—

(i) a class 2 or 3 fishery symbol written on the licence; or

(ii) the applicant’s primary commercial fishing licence.

Note—

For the priority in which applications are to be assessed in round 2, see section 21 .

19 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;

(e) the applicant must give consent to the authority to give notice to the chief executive of—

(i) the surrender of a fishery symbol mentioned in section 18 (1) (b) or (2) (b) or the applicant’s primary commercial fishing licence; and

(ii) the assistance given to the applicant under this division of the scheme.

20 Division to operate in rounds

(1) This division of the scheme will operate in rounds.

(2)
"Round 1" —

(a) opens on the day stated on the authority’s website as the day the round opens; and

(b) closes on 30 April 2024.

(3)
"Round 2" —

(a) opens on 17 May 2024; and

(b) closes on 30 June 2024.

21 Priority of consideration for round 2

In round 2 of this division of the scheme, the authority must consider approving applications for assistance in the following decreasing order of priority—

(a) a class 2 licence;

(b) a primary commercial fishing licence, other than a class 1, 2 or 3 licence;

(c) a class 3 licence.

Part 3 - Payments for quota units

Division 1 - Barramundi, grey mackerel and king threadfin

22 Definitions for division

In this division—

"barramundi units" means quota units that are, immediately before 1 January 2024, BM1-ITQ units, BM2-ITQ units, BM3-ITQ units, BM4-ITQ units or BM5-ITQ units.

"grey mackerel units" means quota units that are, immediately before 1 January 2024, GM1-ITQ units, GM2-ITQ units, GM3-ITQ units or GM4-ITQ units.

"king threadfin units" means quota units that are, immediately before 1 January 2024, KT1-ITQ units, KT2-ITQ units, KT3-ITQ units, KT4-ITQ units or KT5-ITQ units.

23 Nature of the assistance

The nature of the assistance that may be given to an applicant under this division of the scheme is a payment for particular quota units held by the applicant for barramundi, grey mackerel and king threadfin for the Great Barrier Reef or Great Sandy regions.

24 Amount of assistance

The amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—

(a) $17 for each barramundi unit held by the applicant; or

(b) $25 for each grey mackerel unit held by the applicant; or

(c) $20 for each king threadfin unit held by the applicant.

25 Eligibility criteria

An applicant is eligible for assistance under this division of the scheme if the applicant holds 1 or more barramundi units, grey mackerel units or king threadfin units.

Note—

For an application made after 31 December 2023, see section 5 .

26 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not sell, lease or transfer a quota unit the subject of the application;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 2 - Grey mackerel, school mackerel and whiting (management region 5)

27 Definitions for division

In this division—

"GM5-ITQ units" means quota units that are GM5-ITQ units.

"SCM5-ITQ units" means quota units that are SCM5-ITQ units.

"WT5-ITQ units" means quota units that are WT5-ITQ units.

28 Nature of the assistance

(1) The nature of the assistance that may be given under this division of the scheme is a payment to holders of particular quota units for grey mackerel, school mackerel and whiting in management region 5 if the holders decide to surrender the quota units.

(2) In this section—

"management region 5" means the east coast inshore management region 5 under the Fisheries (Commercial Fisheries) Regulation 2019 .

29 Amount of assistance

The amount of assistance that may be given to an applicant under this division of the scheme is—

(a) $25 for each GM5-ITQ unit surrendered by the applicant; or

(b) $20 for each SCM5-ITQ unit surrendered by the applicant; or

(c) $20 for each WT5-ITQ unit surrendered by the applicant.

30 Eligibility criteria

An applicant is eligible for assistance under this division of the scheme if—

(a) the applicant holds a quota authority certificate that states the applicant holds 1 or more of the following—

(i) a GM5-ITQ unit;

(ii) a SCM5-ITQ unit;

(iii) a WT5-ITQ unit; and

(b) the applicant surrenders a quota unit mentioned in paragraph (a) .

31 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not sell, lease or transfer a quota unit the subject of the application before the end of the day on 30 June 2024;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;

(e) the applicant must give consent to the authority to give notice to the chief executive of—

(i) the surrender mentioned in section 30 (1) (b) ; and

(ii) the assistance given to the applicant under this division of the scheme.

Part 4 - Payments for loss of income

Division 1 - Great Barrier Reef region

32 Definitions for division

In this division—

"no fish period" , for an applicant, see section 36 (2) (b) .

"relevant period catch" , for an applicant, means the total weight (expressed in kilograms) of fish taken—

(a) either—

(i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or

(ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and

(b) during the period starting on 1 September 2021 and ending on 30 June 2023.

(a) either—

(i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or

(ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and

(b) during the period starting on 1 July 2022 and ending on 31 August 2022.

33 Meaning of special circumstances catch

The
"special circumstances catch" , for an applicant, is worked out using the following formula—

34 Nature of assistance

The nature of the assistance that may be given to an applicant under this division of the scheme is a payment of an amount worked out based on—

(a) the applicant’s fishing history under particular fishery symbols in the Great Barrier Reef region; and

(b) the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025, and 1 July 2026.

35 Amount of assistance

(1) The amount of assistance that may be given to an applicant under this division of the scheme is—

(a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or

(b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or

(c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or

(d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.

(2) For subsection (1) , if the applicant is eligible for assistance under section 36 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—

where—

"A" means the amount.

"M" means the price multiplier for the fish.

"R" means the applicant’s relevant period catch.

"S" means the applicant’s substituted period catch.

(3) For subsection (1) , if the applicant is eligible for assistance under section 36 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—

where—

"A" means the amount.

"C" means the applicant’s special circumstances catch (expressed in kilograms).

"M" means the price multiplier for the fish.

"R" means the applicant’s relevant period catch.

"S" means the applicant’s substituted period catch.

36 Eligibility criteria

(1) An applicant is eligible for assistance under this division of the scheme if—

(a) the applicant—

(i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or

(b) the applicant—

(i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii) has a catch history in a commercial fishery in management region 1; or

(c) the applicant—

(i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii) provides evidence of the lease mentioned in subparagraph (i) ; and

(iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or

(d) the applicant—

(i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii) provides evidence of the lease mentioned in subparagraph (i) ; and

(iii) has a catch history in a commercial fishery in management region 1.

(2) Also, an applicant is eligible for assistance under this division of the scheme if—

(a) the applicant is eligible for assistance under subsection (1) (a) or (b) ; and

(b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the
"no fish period" ) during the period starting on 1 September 2021 and ending on 30 June 2023; and

(c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and

(d) the applicant provides evidence of the special circumstance.

Example—

medical certificate

(3) For subsection (2) (c) , special circumstances include—

(a) illness of the applicant or 1 or more of the applicant’s dependants; and

(b) natural disaster; and

(c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.

(4) However, special circumstances do not include—

(a) refitting a boat; or

(b) fishing in another fishery; or

(c) working in another industry.

(5) In this section—

"management region 1" means the east coast inshore management region 1 under the Fisheries (Commercial Fisheries) Regulation 2019 .

37 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Division 2 - Great Sandy region

38 Definitions for division

In this division—

"no fish period" , for an applicant, see section 42 (2) (b) .

"relevant grid site" means an area shown, on a relevant map for a fishery, as a Fisheries Queensland 6 minute grid site for the fishery.

"relevant map" , for a fishery, means—

(a) for a crab pot fishery—the map in part 1.2 of the scheme annexure; or

(b) for a line fishery—the map in part 1.3 of the scheme annexure; or

(c) for a net fishery—the map in part 1.4 of the scheme annexure; or

(d) for a trawl fishery—the map in part 1.1 of the scheme annexure.

(a) multiplying the total weight of each species of fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site inside, or partly inside, the Great Sandy region during the period starting on 1 September 2021 and ending on 30 June 2023 by the percentage stated in the relevant grid site for the fishery; and

(b) adding the result for each relevant grid site mentioned in paragraph (a) .

(a) multiplying the total weight of the fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site for the fishery during the period starting on 1 July 2022 and ending on 31 August 2022 by the percentage stated in the relevant grid site for the fishery; and

(b) adding the result for each relevant grid site mentioned in paragraph (a) .

39 Meaning of special circumstances catch

The
"special circumstances catch" , for an applicant, is worked out using the following formula—

40 Nature of assistance

The nature of the assistance that may be given to an applicant under this division of the scheme is a payment of amount worked out based on—

(a) the applicant’s fishing history in the Great Sandy region; and

(b) the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and

(c) changes to zoning and management in the Great Sandy region under the Marine Parks Act 2004 that—

(i) relate to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 ; and

(ii) affect, or are likely to affect, the applicant.

41 Amount of assistance

(1) The amount of assistance that may be given to an applicant under this division of the scheme is—

(a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or

(b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or

(c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or

(d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.

(2) For subsection (1) , if the applicant is eligible for assistance under section 42 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—

where—

"A" means the amount.

"M" means the price multiplier for the fish.

"R" means the applicant’s relevant period catch.

"S" means the applicant’s substituted period catch.

(3) For subsection (1) , if the applicant is eligible for assistance under section 42 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—

where—

"A" means the amount.

"C" means the applicant’s special circumstances catch (expressed in kilograms).

"M" means the price multiplier for the fish.

"R" means the applicant’s relevant period catch.

"S" means the applicant’s substituted period catch.

42 Eligibility criteria

(1) An applicant is eligible for assistance under this division of the scheme if—

(a) the applicant—

(i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023—

(A) ‘C1’, ‘C2’;

(B) ‘K8’;

(C) ‘L1’, ‘L2,’, ‘L3’;

(D) ‘N1’, ‘N2’, ‘N10’, ‘N11’;

(E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and

(ii) has a catch history in a commercial fishery in the Great Sandy region; or

(b) the applicant—

(i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and

(ii) provides evidence of the lease mentioned in subparagraph (i) ; and

(iii) has a catch history in a commercial fishery in the Great Sandy region.

(2) Also, an applicant is eligible for assistance under this division of the scheme if—

(a) the applicant is eligible for assistance under subsection (1) (a) or (b) ; and

(b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the
"no fish period" ) during the period starting on 1 September 2021 and ending on 30 June 2023; and

(c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and

(d) the applicant provides evidence of the special circumstance.

Example—

medical certificate

(3) For subsection (2) (c) , special circumstances include—

(a) illness of the applicant or 1 or more of the applicant’s dependants; and

(b) natural disaster; and

(c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.

(4) However, special circumstances do not include—

(a) refitting a boat; or

(b) fishing in another fishery; or

(c) working in another industry.

43 Conditions of assistance

The payment to an applicant for assistance under this division of the scheme is subject to the following conditions—

(a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;

(c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;

(d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.

Part 5 - Grant for advice related to scheme

44 Nature of assistance

The nature of the assistance that may be given to an applicant under this part of the scheme is a grant to obtain legal or financial assistance in relation to the scheme.

45 Amount of assistance

The amount of assistance that may be given to an applicant under this part of the scheme is a grant of $3,000 for each primary commercial fishing licence held by the applicant.

46 Eligibility criteria

(1) An applicant is eligible for assistance under this part of the scheme if—

(a) the applicant—

(i) holds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an
"eligible symbol" ) written on it; and

(ii) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or

(b) the applicant—

(i) leases a primary commercial fishing licence on which an eligible symbol is written; and

(ii) leased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and

(iii) provides evidence of the lease mentioned in subparagraph (ii) ; and

(iv) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.

(2) However, the applicant is not eligible if an applicant has already received assistance under this part for the same primary commercial fishing licence or eligible symbol.

47 Conditions of assistance

The payment of assistance to an applicant under this division of the scheme is subject to the condition the applicant gives consent to the chief executive to share with the authority the applicant’s fishing data to the extent the fishing data is relevant to the application.

Part 6 - Applications

48 Requirements for applications

(1) An application for assistance under the scheme must—

(a) be made on the approved form; and

(b) be accompanied by the documents stated on the application form; and

(c) be given to the authority—

(i) on or after the day stated on the authority’s website as the day the scheme opens; and

(ii) before the closing day.

(2) An application may made by an applicant—

(a) if more than 1 person is a holder of the primary commercial fishing licence or quota unit—with the consent of each other holder of the primary commercial fishing licence or quota unit; or

(b) if a public company is the holder of the primary commercial fishing licence or quota unit—with the consent of a director of the public company.

(3) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.

(4) In this section—

"closing day" means—

(a) for an application for assistance in round 1 for part 2 , division 3 —30 April 2024; or

(b) for another application—30 June 2024.

49 Deciding applications

(1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under a part or division of the scheme.

(2) However, the authority does not need to consider an application that does not comply with section 48 (1) .

(3) The authority must decide applications in the order they are received by the authority, subject to section 21 .

(4) The authority must refuse to approve an application for assistance under a part or division of the scheme if the authority’s assistance funds for the assistance are not sufficient to pay for the assistance.

(5) If the authority refuses to approve an application for assistance, the authority must give the applicant written notice of the decision.