Fisheries Adjustment Schemes Act 1987

Where a fisheries adjustment scheme is established the Governor may, for the purposes of that scheme, by regulation impose a fee payable by the holder of an authorisation that authorises fishing in a fishery to which the scheme applies.

Without limiting the Interpretation Act 1984 section 45, regulations made for the purposes of subsection (1) in relation to a voluntary fisheries adjustment scheme may provide —

that different fees are payable by different holders of authorisations;

that specified holders of authorisations are not liable to pay fees.

A regulation imposing a fee under this section shall fix the amount of the fee and prescribe the date or dates by which payments must be made.

The amount of the fee fixed under this section may be a specified amount of money payable in respect of an authorisation or may be an amount that is to be calculated by reference to the entitlement under an authorisation, including the boat or boats, nets or pots being used, or the activities being carried out, under an authorisation.

Without limiting subsection (3), fees may be fixed under this section for the purposes of a fisheries adjustment scheme that will allow recovery of expenditure that has been or is to be incurred in —

the payment of interest and other outgoings associated with amounts borrowed under section 7 for the purposes of the scheme; and

the administration of the scheme.

If the holder of an authorisation is liable to pay any fee referred to in subsection (1) and has not paid the fee when it becomes due, the CEO may, by notice in writing given to the holder —

cancel the authorisation; or

suspend the authorisation for a specified period.

A fee that is due and payable constitutes a debt due to the Minister payable in the manner and at the place prescribed and unpaid fees may be sued for and recovered in any court of competent jurisdiction.

A fee imposed under this section may be varied by further regulation made by the Governor.