Fisheries Regulations 2019

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

where—

A is a fair and reasonable valuation for the licence, including any quota entitlement issued in respect of the licence, as determined by the valuer-general;

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 A or 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.