Advertising proposed scheme for public comment
14D Advertising proposed scheme for public comment
Not less than 3 months before establishing a scheme, the Minister must cause —
a notice to be published in a newspaper circulating generally in the State; and
a copy of the notice to be sent by certified post to —
each person who holds an authorisation relating to the fishery or fisheries to which the proposed scheme will apply; and
any body that, in the Minister’s opinion, represents such persons.
The notice referred to in subsection (1) must —
specify the objectives of the proposed scheme, including, if applicable, the objective of cancelling all the authorisations relating to the fishery or fisheries; and
identify the fishery or fisheries to which the proposed scheme will apply; and
specify —
why the reduction in the size of the fishery or fisheries is required; and
why the proposed scheme is necessary to achieve that reduction;
and
if not all the authorisations relating to the fishery or fisheries are to be cancelled and the authorisations that are to be cancelled, or the parts of entitlements that are to be reduced, under the proposed scheme have already been selected —
identify those authorisations or entitlements; and
specify how they were selected;
and
if not all the authorisations relating to the fishery or fisheries are to be cancelled and the authorisations that are to be cancelled, or the parts of entitlements that are to be reduced, under the proposed scheme have yet to be selected, specify how they are to be selected; and
invite persons who wish to comment on the proposed scheme to make representations to the Minister.
A person may within 60 days after notice is published under subsection (1)(a) make representations in writing to the Minister concerning the proposed scheme.
If —
a notice is published in accordance with subsection (1)(a); and
the notice identifies the authorisations that are to be cancelled, or the entitlements that are to be reduced, under the proposed scheme,
the Minister must not proceed to establish the scheme with a modification that amends the authorisations or entitlements to which the scheme applies, unless the Minister complies again with this section.
Subsection (4) does not apply to a modification that reduces the class of authorisations or entitlements to which the scheme applies.
[Section 14D inserted: No. 54 of 1994 s. 16; amended: No. 38 of 2009 s. 9.]
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