Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 (Qld)

Queensland Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 Subordinate Legislation 2014 No. 180 made under the Rural and Regional Adjustment Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Approval of schemes—Act, s 11) . . . . . . . . . 3 4 Insertion of new sch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Schedule 8 Queensland East Coast Commercial Net Fishing Reduction Scheme (No. 3) Part 1 Preliminary 1 Objective of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Purpose of assistance . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Interpretation Division 1 General 3 Definitions for sch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2 Key definitions 4 What is a surrender offer . . . . . . . . . . . . . . . . . . . . . . 6 5 What is a stage 1 offer . . . . . . . . . . . . . . . . . . . . . . . . 6 6 What is a stage 2 offer . . . . . . . . . . . . . . . . . . . . . . . . 6 7 What is a stage 3 offer . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Who is the relevant holder for a surrender offer . . . . . 7 9 What is the relevant amount for a surrender offer . . . 7 10 What is the prescribed amount for a fishery symbol . 8

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 Contents Division 3 Other definitions 11 References to a fishery symbol by description. . . . . . 8 12 Who is the holder of a licence or fishery symbol . . . . 9 Part 3 General provisions for scheme Division 1 Nature of assistance 13 Nature of assistance. . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2 Invitations for surrender offers 14 Invitation notice for stage 1 offers. . . . . . . . . . . . . . . . 9 15 Invitation notice for stage 2 offers. . . . . . . . . . . . . . . . 10 16 Invitation notice for stage 3 offers. . . . . . . . . . . . . . . . 10 17 Authority must give relevant holders copy of invitation notice 11 Division 3 Eligibility 18 Eligibility criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4 Dealing with surrender offers 19 Authority must accept or reject surrender offer . . . . . 13 20 State not required to accept surrender offer. . . . . . . . 13 21 Surrender offer may be accepted only if sufficient funds 13 22 Priority for earlier stage 1, 2 or 3 offers . . . . . . . . . . . 13 23 Rejection of surrender offer . . . . . . . . . . . . . . . . . . . . 13 Division 5 Other provisions 24 Conditions of assistance for surrender offer . . . . . . . . 14 25 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 15 Part 4 Relevant fishery symbols and prescribed amounts 27 Prescribed amounts for relevant fishery symbols. . . . 15 Page 2 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 1] 1 Short title This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 . 2 Regulation amended This regulation amends the RuralandRegionalAdjustmentRegulation 2011. 3 Amendment of s 3 (Approval of schemes—Act, s 11) Section 3(1), ‘7’— omit, insert— 8 4 Insertion of new sch 8 After schedule 7 — insert — Schedule 8 Queensland East Coast Commercial Net Fishing Reduction Scheme (No. 3) section 3(1) Part 1 Preliminary 1 2014 SL No. 180 Objective of scheme The objective of the scheme is to make the net fishery (east coast no. 1) commercial net fishery under the Page 3

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] Fisheries Regulation 2008 more sustainable by the voluntary removal of relevant fishery symbols from particular licences and surrender of relevant licences. Note — See the Fisheries Regulation 2008 , chapter 9, part 2. 2 Purpose of assistance The purpose of the scheme is to pay each holder of a relevant fishery symbol or licence whose surrender offer is accepted by the authority the relevant amount for the surrender offer. Page 4 Part 2 Interpretation Division 1 General 3 Definitions for sch 8 In this schedule— approved form means a form approved by the authority. authority’s website means the authority’s website on the internet. Editor’s note — The address of the authority’s website is < closing day — (a) for a stage 1 offer, see section 14(c); or (b) for a stage 2 offer, see section 15(2)(c); or (c) for a stage 3 offer, see section 16(2)(c). 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] fishery symbol — (a) generally—see the Fisheries Regulation 2008 , schedule 11, part 2; or (b) if specifically referred to by description—see section 11. holder — (a) of a licence—see section 12(1); or (b) of a fishery symbol—see section 12(2). invitation notice — (a) for stage 1 offers—means the notice mentioned in section 14; or (b) for stage 2 offers—means the notice mentioned in section 15(2); or (c) for stage 3 offers—means the notice mentioned in section 16(2). licence means a commercial fishing boat licence under the Fisheries Regulation 2008. prescribed amount , for a relevant fishery symbol, see section 10. relevant amount , for a surrender offer, see section 9. relevant fishery symbol means a fishery symbol mentioned in the table in section 27. relevant holder for a surrender offer, see section 8. relevant licence means a licence on which the fishery symbol ‘N1’ or ‘N2’ is written. removal , of a relevant fishery symbol, means an amendment of the licence on which the fishery symbol is written, under the Fisheries Act 1994 , section 63(4)(d) and (5), by which the fishery symbol is removed from the licence. 2014 SL No. 180 Page 5

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] scheme means the scheme set out in this schedule. stage 1 offer see section 5. stage 2 offer see section 6. stage 3 offer see section 7. surrender , of a relevant licence, means the surrender of the licence under the FisheriesAct1994 , section 72. surrender offer see section 4. Division 2 Key definitions 4 What is a surrender offer Each of the following is a surrender offer — (a) a stage 1 offer; (b) a stage 2 offer; (c) a stage 3 offer. 5 What is a stage 1 offer A stage 1 offer is a request, in the approved form, made by the holder of an ‘N1’ or ‘N2’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount. 6 What is a stage 2 offer A stage 2 offer is a request, in the approved form, made by the holder of a relevant licence, in response to an invitation notice, to surrender the licence in consideration for the relevant amount. Page 6 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] 7 What is a stage 3 offer A stage 3 offer is a request, in the approved form, made by the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount. 8 Who is the relevant holder for a surrender offer The relevant holder for a surrender offer is as follows— (a) for a stage 1 offer—the holder of an ‘N1’ or ‘N2’ fishery symbol; (b) for a stage 2 offer—the holder of a relevant licence; (c) for a stage 3 offer—the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol. 9 2014 SL No. 180 What is the relevant amount for a surrender offer The relevant amount for a surrender offer is as follows— (a) for a stage 1 offer— the prescribed amount for the ‘N1’ or ‘N2’ fishery symbol to which the offer relates, exclusive of GST; (b) for a stage 2 offer—the amount, exclusive of GST, that is the lesser of the following amounts— (i) $140,000; (ii) the total of— (A) the prescribed amounts for each relevant fishery symbol written on the licence immediately before it is surrendered; and Page 7

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] (B) $15,000; (c) for a stage 3 offer—the amount, exclusive of GST, that is the total of the prescribed amounts for each relevant fishery symbol to which the offer relates. 10 What is the prescribed amount for a fishery symbol (1) The prescribed amount for a relevant fishery symbol is the amount mentioned opposite the fishery symbol in the table in section 27. (2) However, if the fishery symbol appears on a licence more than once, the prescribed amount for the fishery symbol is the amount mentioned in subsection (1) for each occurrence of the fishery symbol on the licence. Division 3 Other definitions 11 References to a fishery symbol by description (1) A reference in this schedule to a particular fishery symbol by description is a reference to the fishery symbol of that description under the Fisheries Regulation 2008 . (2) A reference in this schedule to a particular fishery symbol by description, followed by a number in brackets (the stated number ), is a reference to the fishery symbol of that description under which the stated number of tender boats is authorised for use under the Fisheries Regulation 2008 , section 245(2). Page 8 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] 12 Who is the holder of a licence or fishery symbol (1) The holder , of a licence, is the person to whom it is issued or transferred, other than by a temporary transfer under the FisheriesAct1994 , section 65C. (2) The holder , of a fishery symbol, is the person who, under subsection (1), is the holder of the licence on which the fishery symbol is written. Part 3 General provisions for scheme Division 1 Nature of assistance 13 Nature of assistance The nature of the assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer. Division 2 Invitations for surrender offers 14 Invitation notice for stage 1 offers The authority must invite stage 1 offers from the relevant holders by publishing on the authority’s website a notice stating the following— (a) each relevant holder is invited to make a stage 1 offer; 2014 SL No. 180 Page 9

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] (b) the day from when stage 1 offers can be made; (c) the day (the closing day ) that is 7 weeks after the day the notice is published by which the authority must receive all stage 1 offers. 15 Invitation notice for stage 2 offers (1) This section applies— (a) if any stage 1 offers are received in response to the invitation notice for stage 1 offers—when all the stage 1 offers have been dealt with under division 4; or (b) otherwise—after the closing day for stage 1 offers. (2) The authority must invite stage 2 offers from the relevant holders by publishing on the authority’s website a notice stating the following— (a) each relevant holder is invited to make a stage 2 offer; (b) the day from when stage 2 offers can be made; (c) the day (the closing day ) that is 4 weeks after the day the notice is published by which the authority must receive all stage 2 offers. (3) Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 2 offer likely to be made. Page 10 16 Invitation notice for stage 3 offers (1) This section applies— 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] (a) if an invitation notice for stage 2 offers is published under section 15(2); and (b) either— (i) if any stage 2 offers are received in response to the invitation notice—when all the stage 2 offers have been dealt with under division 4; or (ii) otherwise—after the closing day for stage 2 offers. (2) The authority must invite stage 3 offers from the relevant holders by publishing on the authority’s website a notice stating the following— (a) each relevant holder is invited to make a stage 3 offer; (b) the day from when stage 3 offers can be made; (c) the day (the closing day ) that is 4 weeks after the day the notice is published by which the authority must receive all stage 3 offers. (3) Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 3 offer likely to be made. 17 Authority must give relevant holders copy of invitation notice (1) As soon as practicable after publishing an invitation notice for stage 1, 2 or 3 offers, the authority must give a written copy of the invitation notice to each of the relevant holders invited to make the offers. 2014 SL No. 180 Page 11

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] (2) However, failure to comply with subsection (1) does not invalidate or otherwise affect the validity of an invitation notice. Division 3 Eligibility Page 12 18 Eligibility criteria A person is eligible for assistance under this scheme if— (a) the person, in response to an invitation notice, makes a surrender offer on or before the closing day for the offer; and (b) the authority accepts the offer by written notice to the person; and (c) from the time the offer is made until it is accepted, the person is the relevant holder for the offer; and (d) the person complies with the conditions of the assistance under section 24; and (e) for a stage 1 or 3 offer, from making the offer until the removal of each relevant fishery symbol to which the offer relates— (i) the person does not transfer the licence on which the fishery symbol is written; and (ii) the fishery symbol remains on the licence; and (f) for a stage 2 offer, from making the offer until the surrender of the relevant licence to which the offer relates— (i) the person does not transfer the licence; and (ii) each fishery symbol written on the licence remains on the licence. 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] Division 4 Dealing with surrender offers 19 Authority must accept or reject surrender offer (1) This section applies if— (a) a relevant holder makes a surrender offer in response to an invitation notice on or before the closing day for the offer; and (b) the closing day for the offer has ended. (2) The authority, for the State, must accept or reject the surrender offer under this division. 20 State not required to accept surrender offer Subject to section 22, the State is not required to accept a surrender offer. 21 Surrender offer may be accepted only if sufficient funds The authority, for the State, may accept a surrender offer only if the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for the offer. 22 Priority for earlier stage 1, 2 or 3 offers (1) This section applies subject to section 21. (2) A stage 1, 2 or 3 offer received by the authority earlier than another stage 1, 2 or 3 offer (each a later offer ) must be accepted in priority to the later offer. 23 Rejection of surrender offer If the authority decides to reject a surrender offer, the authority must give the relevant holder who made the 2014 SL No. 180 Page 13

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] offer written notice of the decision and the reasons for it. Division 5 Other provisions 24 Conditions of assistance for surrender offer (1) This section applies if the authority, by notice under section 18(b), accepts a surrender offer made by a relevant holder. (2) The relevant holder must, within the period stated in the surrender offer, give the authority— (a) for a stage 1 or 3 offer, each licence on which is written each relevant fishery symbol to which the offer relates; and (b) for a stage 2 offer— (i) the relevant licence to which the offer relates; and (ii) a notice of the surrender of the licence in the approved form under the Fisheries Act 1994. (3) If the relevant holder complies with subsection (2), payment under this scheme must be made under the terms of the surrender offer. Page 14 25 Applications (1) An application for assistance under this scheme must— (a) be in the approved form; and (b) include or be accompanied by a surrender offer; and (c) be accompanied by the other documents stated in the approved form; and (d) be given to the authority. 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] (2) A surrender offer must not be made to the authority other than under subsection (1). (3) A surrender offer must be received by the authority no later than the closing day for the offer. (4) The authority may request that a person who has made a surrender offer provide further relevant information required to consider the offer. (5) A person who has made a surrender offer may withdraw the offer on or before the closing day for the offer by giving the authority a written request for the withdrawal. 26 Deciding applications The authority must consider and decide each application by— (a) considering the surrender offer included in or accompanying the application; and (b) deciding to accept or reject the offer. Part 4 Relevant fishery symbols and prescribed amounts 27 Prescribed amounts for relevant fishery symbols The prescribed amount for a relevant fishery symbol mentioned in the following table is the amount stated 2014 SL No. 180 Page 15

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] opposite the fishery symbol— Relevant fishery symbol Prescribed amount $ C1 30,000 C2 10,000 K1 50,000 K2 50,000 K3 50,000 K4 50,000 K5 50,000 K6 50,000 K7 50,000 K8 50,000 L1 10,000 L2 10,000 L3 10,000 L4 20,000 L8 45,000 M1 25,000 N1 40,000 N2 75,000 N3 75,000 N4 80,000 N10 50,000 N11 5,000P25,000 Page 16 2014 SL No. 180

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 [s 4] Relevant fishery symbol Prescribed amount $ RQ 15,000 RQ(1) 20,000 RQ(2) 25,000 RQ(3) 30,000 RQ(4) 35,000 S 10,000 SM 20,000 SM(1) 20,000 SM(2) 25,000 SM(3) 30,000 SM(4) 35,000 T1 25,000 T2 20,000 T5 20,000 T6 20,000 T7 20,000 T8 20,000 T9 20,000 Note — Under section 9, the relevant amount for a surrender offer is exclusive of GST. 2014 SL No. 180 Page 17

Rural and Regional Adjustment Amendment Regulation (No. 6) 2014 ENDNOTES 1 Made by the Governor in Council on 21 August 2014. 2 Notified on the Queensland legislation website on 22 August 2014. 3 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 18 2014 SL No. 180