QLDIn ForceAct
Fisheries Act 1994
sec.27Reallocation decision
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### sec.27 Reallocation decision
The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community.
The Minister may make a decision under subsection (1) (a reallocation decision ) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative.
For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from—
the chief executive; and
the applicant for the reallocation, if any; and
representatives of the affected fishing sectors; and
any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and
other entities the Minister considers appropriate.
If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made.
The public notice must state—
the reallocation decision; and
the reasons for the reallocation decision; and
if known, the action proposed to be taken under this Act to implement the reallocation decision.
In this section—
reallocation , in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources—
from a fishing sector to another fishing sector; or
from a fishing sector to another purpose or group of persons; or
from a purpose or group of persons to a fishing sector or another purpose or group of persons.
s 27 ins 2019 No. 6 s 31
(sec.27-ssec.1) The Minister may decide to reallocate access to fisheries resources for a fishery if the Minister is satisfied the reallocation is necessary to maximise the potential economic, social and cultural benefits to the community.
(sec.27-ssec.2) The Minister may make a decision under subsection (1) (a reallocation decision ) on application by a person (including, for example, the chief executive of a department) or on the Minister’s own initiative.
(sec.27-ssec.3) For making a reallocation decision, the Minister must obtain, and have regard to, advice about the reallocation from— the chief executive; and the applicant for the reallocation, if any; and representatives of the affected fishing sectors; and any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and other entities the Minister considers appropriate.
(sec.27-ssec.4) If the Minister makes a reallocation decision, the chief executive must give public notice of the decision within 14 days after the decision is made.
(sec.27-ssec.5) The public notice must state— the reallocation decision; and the reasons for the reallocation decision; and if known, the action proposed to be taken under this Act to implement the reallocation decision.
(sec.27-ssec.6) In this section— reallocation , in relation to access to fisheries resources, means a reallocation of the entitlement to take the fisheries resources— from a fishing sector to another fishing sector; or from a fishing sector to another purpose or group of persons; or from a purpose or group of persons to a fishing sector or another purpose or group of persons. s 27 ins 2019 No. 6 s 31
- (a) the chief executive; and
- (b) the applicant for the reallocation, if any; and
- (c) representatives of the affected fishing sectors; and
- (d) any advisory committee or other body established by the Minister under section 29 to help the Minister make the decision; and
- (e) other entities the Minister considers appropriate.
- (a) the reallocation decision; and
- (b) the reasons for the reallocation decision; and
- (c) if known, the action proposed to be taken under this Act to implement the reallocation decision.
- (a) from a fishing sector to another fishing sector; or
- (b) from a fishing sector to another purpose or group of persons; or
- (c) from a purpose or group of persons to a fishing sector or another purpose or group of persons.