40VForfeiture of quota—failure to pay fisheries management charge

#### 40V Forfeiture of quota—failure to pay fisheries management charge 40V Forfeiture of quota—failure to pay fisheries management charge > > (1) The Minister may, by order in writing, direct that the quota, or a part of the quota, of a commercial fishing authority holder is forfeited. Quota that is the subject of such an order is forfeited quota. > > > (2) An order may be made under this section only if the commercial fishing authority holder has failed to pay (in full) a fisheries management charge that is payable by the commercial fishing authority holder. > > > (3) An order may be made under this section in respect of quota that has not yet been allocated to the commercial fishing authority holder. > > > (4) The Minister is to give a commercial fishing authority holder notice in writing of his or her intention to make an order under this section. The notice is to be given at least 14 days before the order is made. > > > (5) Before making an order under this section, the Minister is to estimate the amount of quota that it would be necessary to sell by public tender in order to recover— > > > > > (a) any outstanding fisheries management charge payable by the commercial fishing authority holder, and > > > > > (b) the reasonable costs that would be incurred by or on behalf of the Minister in respect of such a sale. > > > (6) The amount of quota forfeited under the order must not exceed that estimate. > > **ss 40V–40X:** Ins 2015 No 59, Sch 1 \[21\].