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reg 35

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

In force
Part 2Commercial fishery licences
Division 2Administration of commercial fishery licences
Subdivision 4Compensation payable under section 63 of the Act

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—

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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