Fisheries Management Act 1994

Despite section 52, the Minister may cancel provisional shares or issue final shares in a share management fishery, and the management plan for that fishery may be made, even if any appeal relating to the issue of provisional shares is still outstanding.

If the Minister considers that a person’s entitlement to shares may be affected by any such appeal, the Minister may issue shares in the fishery as shares subject to appeal.

Shares subject to appeal are subject to the following special conditions—

the transfer of, or any other registrable dealing in, the shares is only permitted with the consent of the Minister,

no compensation is payable by or on behalf of the State for cancellation of the shares for any reason, including—

cancellation by the Minister resulting from a determination in relation to the appeal, or

cancellation due to the termination of the fishery as a share management fishery,

any other conditions prescribed by the regulations.

On completion of the relevant appeal—

the Minister must cancel the shares subject to appeal, and

the Minister may, if appropriate, issue a person with shares in accordance with this Act.