Victorian Consolidated Regulations

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FISHERIES REGULATIONS 2019 - REG 35

Making an offer for compensation—cancelled non‑transferable access licences

For the purposes of regulation 33(b), the compensation payable to the holder of a cancelled non-transferable access licence must be determined in accordance with the formula—

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where—

    B     is an income support payment equal to 3 times the average of the 4 highest net incomes before tax expressed in current dollars and returned from the 7 fishing seasons immediately before the cancellation of the licence, and based on catch records held by the Victorian Fisheries Authority;

    C     is a discounted amount determined by the independent negotiator to adjust for the benefit gained from receiving a lump sum in lieu of future income;

    D     is a fair and reasonable sum for any financial loss suffered as a natural and direct consequence of the cancellation of the licence that is not met by B;

    E     is a solatium of not more than 10% of the result of

    Y     is the total amount of the entitlement of the holders of a registered financial interest in the licence.



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