171Increased costs entitlements—eligible charter boat operators

171 Increased costs entitlements—eligible charter boat operators An eligible charter boat operator is entitled to be paid, for each particular prescribed year, an amount that represents the difference between— (a) the charter boat operating costs reasonably incurred in the particular prescribed year; and (b) the charter boat operating costs that would reasonably have been incurred in the particular prescribed year, if the fishing prohibition had not applied to any one or more parks described in Columns 1 and 2 of the item in Table 2 in which the prescribed year is set out— Division 5—Determinations of the Panel—eligible rock lobster access licence holders and eligible specified access licence holders S. 172 inserted by No. 40/2002 s. 27. 172 Application to Panel for determination of interim payment—eligible rock lobster access licence holders and eligible specified access licence holders (1) An eligible rock lobster access licence holder or an eligible specified access licence holder may, during the course of a particular licence year, apply to the Panel for a determination under section 173. (b) may be lodged with the Registrar at any time during the course of the licence year in respect of which the application is made. (3) A licence holder may not make more than one application under this section in any particular licence year. (4) The Registrar of the Panel must notify an applicant under this section that the application is being considered by the Panel and that the applicant may request that the application be considered at an oral hearing. S. 173 inserted by No. 40/2002 s. 27. 173 Determinations of the Panel as to interim payments—eligible rock lobster access licence holders and eligible specified access licence holders (1) If the Panel is satisfied— (a) that a person, who has made an application under section 172, is incurring financial hardship in the licence year in respect of which the application is made; and (b) that the person who has made the application is likely to have an entitlement under— (i) either or both of sections 167 and 168 for that particular licence year; or (ii) either or both of sections 169 and 170 for that particular licence year— the Panel may determine— (c) the amount that is likely to be that person's entitlement for the particular licence year; and (d) an amount (being the whole or a part of the amount determined under paragraph (c)) that the Panel believes it is reasonable to pay to the person before the end of the licence year in respect of which the application is made. (2) An amount that the Panel has determined is to be paid to a person under subsection (1) is a debt owed by the State of Victoria to that person. (3) A decision on an application under section 172 must be made not later than 30 days after the application is lodged with the Registrar. (4) On making a decision on an application under section 172 the Panel must notify the applicant and the Secretary in writing of the decision and of its reasons for making the decision. (5) If— (a) an application under section 172 has been made to the Panel; and (b) the time period provided in subsection (3) has elapsed; and the Panel is deemed to have made, on the day on which the time period elapsed, a decision that the applicant has no entitlement to a payment under this section. S. 174 inserted by No. 40/2002 s. 27. 174 Application to Panel for determination of final payment—eligible rock lobster access licence holders and eligible specified access licence holders (1) An eligible rock lobster access licence holder may, for a particular licence year, apply to the Panel for a determination under section 175(1) of any entitlement the licence holder may have under either or both of sections 167 and 168 to a payment for that year. (2) An eligible specified access licence holder may, for a particular licence year, apply to the Panel for a determination under section 175(1) of any entitlement the licence holder may have under either or both of sections 169 and 170 to a payment for that year. (3) An application under this section must— (b) be lodged with the Registrar of the Panel not later than 30 September after the end of the licence year in respect of which the application has been made. (4) If the Panel is of the opinion that it is reasonably necessary in all the circumstances, the Panel may allow a person a further 2 weeks after the time specified in subsection (3)(b) in which to lodge an application. (5) The Registrar of the Panel must notify an applicant under this section that the application is being considered by the Panel and that the applicant may request that the application be considered at an oral hearing. S. 175 inserted by No. 40/2002 s. 27. 175 Determinations of the Panel as to final payments—eligible rock lobster access licence holders and eligible specified access licence holders (1) The Panel may determine, for a licence year in respect of which an application has been made under section 174, whether or not the applicant has an entitlement under— (a) either or both of sections 167 and 168; or (b) either or both of sections 169 and 170— and— (c) in the case of an applicant in respect of whom a determination of an interim payment under section 173 has not been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or (d) in the case of an applicant in respect of whom a determination of an interim payment under section 173 has been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine— (i) the amount of that entitlement; and (ii) whether or not the amount of the interim payment is greater or less than the amount determined under subparagraph (i). (2) The Panel, of its own motion, may determine, for a licence year in respect of which a determination of an interim payment under section 173 has been made, whether or not the person in respect of whom the determination has been made has an entitlement under*—* (a) either or both of sections 167 and 168 for that year; or (b) either or both of sections 169 and 170 for that year— and, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine— (c) the amount of that entitlement; and (d) whether or not the amount of the interim payment is greater or less than the amount determined under paragraph (c). (a) the Panel, under subsection (1)(c), determines an amount that is an entitlement of a person, that amount is a debt owed by the State of Victoria to that person; or (b) the Panel determines under subsection (1)(d)(ii) or (2)(d) that the amount of the interim payment is less than the amount determined under subsection (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the State of Victoria to the person in respect of whom the determination has been made; or (c) the Panel determines under subsection (1)(d)(ii) or (2)(d) that the amount of the interim payment is greater than the amount determined under subsection (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the person in respect of whom the determination has been made to the State of Victoria. (4) If the Panel proposes to make a determination under subsection (2), the Registrar of the Panel— (a) must, at least 30 days before any such determination is made, notify the person in respect of whom the determination is to be made— (i) that the matter is being considered by the Panel; and (ii) that the applicant may request that the application be considered at an oral hearing; and (b) may require the person in respect of whom the determination is to be made to provide the information specified by the Panel. S. 176 inserted by No. 40/2002 s. 27. 176 Procedures for making determinations of final payments—eligible rock lobster access licence holders and eligible specified access licence holders (1) A determination under section 175 must be made not later than the 31 March next following the end of the licence year in respect of which the determination is made. (2) On making a determination under section 175 the Panel must notify the licence holder in respect of whom the determination is made and the Secretary in writing of its determination and of its reasons for making the determination. (a) an application has been made to the Panel for a determination under section 175; and (b) the time period provided in subsection (1) has elapsed; and the Panel is deemed to have made, on the day on which the time period elapsed, a determination that the applicant has no entitlement under this Part. Division 6—Determinations of the Panel—eligible charter boat operators S. 177 inserted by No. 40/2002 s. 27.