South Australian Current Acts

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FISHERIES MANAGEMENT ACT 2007 - SECT 58

58—Acquisition of licences etc by Minister

        (1)         If under a management plan for a fishery, the share of aquatic resources allocated between different fishing sectors is adjusted so that the share allocated to holders of licences in respect of the fishery is reduced and the share allocated to persons who do not hold such licences is increased, the Minister may, for the purpose of giving effect to the adjustment, acquire licences in respect of the fishery or entitlements under such licences.

        (2)         An acquisition under subsection (1) must be made in accordance with the regulations.

        (3)         Regulations made for the purposes of this section may—

            (a)         provide for a scheme of acquisition by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose licences or entitlements are compulsorily acquired; and

            (b)         prescribe the method of calculation of amounts payable for the acquisition of licences or entitlements or as compensation for their compulsory acquisition; and

            (c)         provide for a process of objection and appeal in relation to the payment of compensation under the regulations.



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