Fisheries Act 1994

The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community.

The Minister may make a decision under subsection (1) (a reallocation decision) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative.

For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from—

the chief executive; and

the applicant for the reallocation, if any; and

representatives of the affected fishing sectors; and

any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and

other entities the Minister considers appropriate.

If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made.

The public notice must state—

the reallocation decision; and

the reasons for the reallocation decision; and

if known, the action proposed to be taken under this Act to implement the reallocation decision.

In this section—

from a fishing sector to another fishing sector; or

from a fishing sector to another purpose or group of persons; or

from a purpose or group of persons to a fishing sector or another purpose or group of persons.