sec.61Conditions imposed on issue or renewal—general

### sec.61 Conditions imposed on issue or renewal—general When the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example— for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and a condition conferring powers on inspectors. The conditions must be stated in the authority. In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration. If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition. If a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority’s holder. A power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act. If an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both. To remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority. Compensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority. However, subsection (9) does not prevent a regulation providing for payment of compensation. s 61 amd 1997 No. 73 s 31 ; 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 25 ; 2019 No. 6 s 38 ; 2024 No. 17 s 139 amd 2024 No. 17 s 172 (uncommenced amendment) (sec.61-ssec.1) When the chief executive issues or renews an authority, the chief executive may impose reasonable and relevant conditions, including, for example— for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and a condition conferring powers on inspectors. (sec.61-ssec.2) The conditions must be stated in the authority. (sec.61-ssec.3) In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration. (sec.61-ssec.4) If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition. (sec.61-ssec.5) If a power conferred on inspectors by a condition of an authority is exercised by an inspector, the power is taken to be exercised with the consent of the authority’s holder. (sec.61-ssec.6) A power conferred on inspectors by a condition of an authority is not limited by the powers given to an inspector under a provision of this Act. (sec.61-ssec.7) If an inspector may exercise a power under this Act and under a condition of an authority, the inspector may exercise the power under either or both. (sec.61-ssec.8) To remove any doubt, a condition may be imposed by the chief executive even though the effect is to stop the holder or someone else taking fisheries resources, or using a boat or fishing apparatus that could, apart from the condition, be lawfully taken or used under the authority. (sec.61-ssec.9) Compensation is not payable if conditions are imposed on an authority, or anything previously permitted is prohibited or regulated under the authority. (sec.61-ssec.10) However, subsection (9) does not prevent a regulation providing for payment of compensation. - (a) for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and - (b) a condition requiring the holder of the authority to give a bank guarantee to ensure the holder will comply with the conditions of the authority; and - (c) a condition conferring powers on inspectors.