This Regulation gives effect to the Ocean Trawl Share Management Plan: it sets quota and share classes, endorsement types, gear and vessel standards, spatial/temporal closures, reporting duties and quota‑allocation and appeal procedures that govern commercial ocean trawling. It applies to commercial fishing businesses and licence/endorsement holders. Officials (the Minister and the Secretary) make TAC/TAE, quota allocation and transitional decisions; compliance, monitoring and reporting costs fall on endorsement holders (see cl.5B–5E, 10D, 7A, 9, 14–15).
This Regulation gives legal effect to the Ocean Trawl Share Management Plan (the Plan) by adopting the Plan in the Appendix (clause 3). The Regulation commenced 5 February 2007 (clause 2). The Appendix records multiple amendment notations (for example, "Am 2007 (24), Sch 2.4" and later entries up to "2023 (13), Sch 9[1]-[14]"), indicating the Plan has been amended on numerous occasions; those amendment citations are recorded at the head of the Appendix and are the only amendment history recorded in the instrument provided.
Mechanically, the Plan establishes a statutory framework for managing the Ocean Trawl Fishery by:
creating and classifying shares in the fishery and setting minimum and maximum shareholdings (Part 4, clauses 4, 6, 7);
defining four endorsement types that authorise particular fishing methods and spatial entitlements (clause 5) and associating share classes with eligibility to hold endorsements (clause 5(3), (5), (7), (9));
introducing quota shares as additional classes (Part 3A, clause 5A) and setting a process for allocating those quota shares to eligible shareholders based on share holdings and historical catch over a defined reporting period (clause 5B, Schedule 4);
requiring the Minister to issue quota shares and notify affected shareholders and to permit appeals to the Share Appeal Panel in relation to quota share allocations (clauses 5C-5D);
requiring TAC determinations for specified species and TAE determinations for prawning, together with the timing and periodicity of those determinations (clauses 5E-5F);
regulating fishing gear and prescribing technical standards for nets, codends and try nets, including mandatory bycatch reduction devices and mesh size, and conditions under which particular codends may be used (Part 4A, clauses 7A-7C);
Current sections
Direct links to the current provisions in Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006.
The ocean trawl fishery, as described in Schedule 1 to the Act, consists of the following—
(a) the use of an otter trawl net (prawns) to take fish from any of the following waters—
(i) inshore waters,
(ii) offshore waters,
(iii) the waters of Coffs Harbour,
(b) the use of an otter trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland (other than any waters in which use of an otter trawl net (fish) is prohibited under the regulations),
(c) the use of a danish seine trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland.
4
Classes of share
4 Classes of share
4 Classes of share
The following classes of shares are available in the fishery—
The classes of shares referred to in paragraphs (a)–(d) correspond to the types of endorsements available in the fishery.
The shares referred to in paragraphs (e)–(j) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
5
Types of endorsement
5 Types of endorsement
5 Types of endorsement
(1) There are 4 types of endorsement available in the fishery, as follows—
(a) Inshore prawn endorsement,
(b) Offshore prawn endorsement,
(c) Deepwater prawn endorsement,
(d) Fish northern zone endorsement.
(2) Inshore prawn endorsement An inshore prawn endorsement authorises the holder to take fish using an otter trawl net (prawns) from inshore waters, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).
(3) Only shareholders who hold ocean trawl—inshore prawn shares are eligible to be given, or to nominate a person to be given, an inshore prawn endorsement.
(4) Offshore prawn endorsement An offshore prawn endorsement authorises the holder to take fish using an otter trawl net (prawns) from offshore waters that are west of the 280 metre (150 fathom) depth contour, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).
(5) Only shareholders who hold ocean trawl—offshore prawn shares are eligible to be given, or to nominate a person to be given, an offshore prawn endorsement.
(6) Deepwater prawn endorsement A deepwater prawn endorsement authorises the holder to take fish using an otter trawl net (prawns) from offshore waters that are east of the 280 metre (150 fathom) depth contour, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).
(7) Only shareholders who hold ocean trawl—deepwater prawn shares are eligible to be given, or to nominate a person to be given, a deepwater prawn endorsement.
(8) Fish northern zone endorsement A fish northern zone endorsement authorises the holder to take fish using an otter trawl net (fish) or a danish seine trawl net (fish) from ocean waters that are north of a line drawn due east from Barrenjoey Headland (latitude 33°35′ south).
(9) Only shareholders who hold ocean trawl—fish northern zone shares are eligible to be given, or to nominate a person to be given, a fish northern zone endorsement.
Note—
Schedule 2 prohibits the use of otter trawl net (fish) and danish seine trawl net (fish) in the waters north of a line drawn due east from the lighthouse at Smoky Cape (see clause 8).
Part 3A
Quota management
Part 3A Quota management
Part 3A Quota management
5A
New classes of shares
5A New classes of shares
5A New classes of shares
(1) The following classes of shares are available in the fishery—
(2) These shares are created as further classes of shares under section 71A of the Act and are referred to in this Plan as quota shares.
5B
Allocation of quota shares
5B Allocation of quota shares
5B Allocation of quota shares
(1) A person is eligible to be issued with the quota shares specified in Column 1 of the Table to this clause if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 if, at 12 noon on 28 September 2018, the person holds shares of a class specified opposite in Column 2.
(3) The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.
(4) The determination is to be made on the basis of the allocation formula set out in Schedule 4.
(1) The Minister is to issue quota shares to eligible shareholders in accordance with a determination under clause 5B for each class of quota shares.
(2) The Minister must, as soon as practicable after issuing quota shares—
(a) notify each shareholder of the number of quota shares issued to the shareholder, and
(b) give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
5D
Appeals to Share Appeal Panel
5D Appeals to Share Appeal Panel
5D Appeals to Share Appeal Panel
(1) A person who has been issued with quota shares of a particular class may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of that class issued to the person.
(2) However, a person may not appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of a particular class issued to the person if the person has transferred any of those quota shares.
Note—
A person to whom quota shares are transferred may not appeal under this clause.
(3) When a person lodges an appeal, the quota shares issued to the person are shares that are subject to appeal.
(4) The transfer of, or any other registrable dealing in, quota shares that are subject to appeal is not permitted.
(5) On completion of an appeal, the Minister may cancel or issue shares in order to give effect to a decision of the Share Appeal Panel.
(6) No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.
(7) For the purposes of section 90 (1) (e) of the Act, shares that are subject to appeal are to be registered as such on the Share Register.
(8) Shares cease to be subject to appeal if—
(a) the appeal to the Share Appeal Panel is withdrawn, or
(b) the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.
Note—
The Supporting Plan contains provisions relating to lodging an appeal to the Share Appeal Panel in relation to the issue of quota shares.
5E
TAC determinations required to be made
5E TAC determinations required to be made
5E TAC determinations required to be made
(1) A determination of the total allowable catch (a TAC determination) of each of the following species is required to be made—
(c) eastern school whiting (Sillago flindersi) and stout whiting (Sillago robusta),
(d) silver trevally (Pseudocaranx georgianus).
Note—
Under section 40C (3) of the Act, the Minister may direct either the TAF Committee or the Secretary to make the fishing determinations (subject to some limitations).
(2) A TAC determination is to be made in respect of each period of 12 months commencing on 1 May and ending on 30 April in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.
5F
TAF Committee required to make TAE determinations for ocean trawl prawning
5F TAF Committee required to make TAE determinations for ocean trawl prawning
5F TAF Committee required to make TAE determinations for ocean trawl prawning
(1) The TAF Committee is required to make a determination of the total allowable fishing effort for the taking of fish using an otter trawl net (prawns) under an offshore prawn endorsement or inshore prawn endorsement (referred to in this Plan as a TAE determination for ocean trawl prawning).
(2) A TAE determination for ocean trawl prawning is to specify the total number of effort units (expressed in terms of the standardised hull unit days) for the taking of fish using an otter trawl net (prawns) under an offshore prawn endorsement or inshore prawn endorsement during the period in respect of which the determination is made.
(3) A TAE determination for ocean trawl prawning is to be made in respect of each period of 12 months commencing on 1 May and ending on 30 April in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.
(4) A TAE determination for ocean trawl prawning is to be made in accordance with Division 2 of Part 2A of the Act.
(5) This clause is subject to Part 7 of this Plan.
Note—
Part 7 provides for the Secretary, and not the TAF Committee, to make the TAE determinations for ocean trawl prawning during the transition period, which commences on 21 September 2018 and ends on 30 June 2024.
5G
Taking fish without quota
5G Taking fish without quota
5G Taking fish without quota
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take silver trevally (Pseudocaranx georgianus) unless the endorsement holder has quota for silver trevally.
Note—
It is also an offence under section 40S of the Act for a shareholder to take fish, or use a fishing method, or to cause or permit an agent to do so, in contravention of the shareholder’s quota.
(2) For the purposes of section 68 (6A) of the Act, it is a condition of an offshore prawn endorsement, an inshore prawn endorsement and a fish northern zone endorsement that the endorsement holder does not take any of the following species unless the endorsement holder has quota for that species—
(3) For the purposes of section 65 of the Act, contravention of this clause is an offence.
Part 4
Minimum and maximum shareholdings
Part 4 Minimum and maximum shareholdings
Part 4 Minimum and maximum shareholdings
6
Minimum shareholding
6 Minimum shareholding
6 Minimum shareholding
(1) For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to a class of shares specified in the Table to this clause is the number of shares of that class specified in the Table next to the class concerned.
Note—
A person who does not hold the minimum shareholding required for a class of shares will not be eligible to be given, or to nominate another person to be given, an endorsement that authorises the taking of fish in respect of shares of that class. See sections 68 (3) (b) and 69 (2) of the Act.
(2)–(6) (Repealed)
(7) The shares relied on to meet the minimum shareholding requirement must all be a component of the same ocean trawl fishing business.
For the purpose of section 72 (1) of the Act, the maximum shareholding in relation to all classes of shares, other than quota shares, is 40% of the total number of shares in the fishery at the commencement of this Plan.
Part 4A
Fishing gear
Part 4A Fishing gear
Part 4A Fishing gear
Note—
Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
7A
Otter trawl net (prawns)
7A Otter trawl net (prawns)
7A Otter trawl net (prawns)
(1) It is lawful for the holder of an inshore prawn endorsement, an offshore prawn endorsement or a deepwater prawn endorsement to use an otter trawl net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of trawling,
(b) no string, rope, wire, cord, netting or other material is fixed to any meshes that are within 25 meshes of the draw or closing string of the codend of the net, except as permitted by subclauses (2) and (3),
(c) the net (or each net if more than one net is used) is fitted with a bycatch reduction device of a kind approved by the Secretary for use in the waters in which the net is used, and that device is fitted in accordance with any specifications approved by the Secretary and published in the Gazette (whether or not any other bycatch reduction devices are fitted to the net).
(2) A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—
(a) method 1: a frill or panel of diamond shaped mesh (not less than 40 mm nor more than 50 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: a frill or panel of diamond shaped mesh (not less than 40 mm nor more than 50 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(2A) For the purposes of subclause (2), bars includes a reference to meshes in the case of a codend that is a diamond shaped mesh codend.
(3) A chafing piece may be attached to the codend of the net if—
(a) the width of the chafing piece does not exceed half the effective operating diameter of the codend, and
(b) the chafing piece is hung along the codend and is not attached in any manner to the codend other than at the top, and
(c) the mesh of the chafing piece is not less than 80 mm.
(4) The codend of the net (or part of the net capable of being used as a codend) must be—
(a) an all waters codend, or
(b) a deepwater prawn trawl codend (which is permitted only if the net is being used by the holder of a deepwater prawn endorsement taking fish pursuant to that endorsement), or
(c) a school prawn codend (which is permitted only if the net is being used in waters designated as “school prawn grounds” by notice of the Secretary published in the Gazette).
(5) For the purposes of this clause, an all waters codend is a codend that complies with the following description—
(a) the mesh of the codend of the net (or part of the net capable of being used as a codend) is not less than 35 mm nor more than 45 mm, constructed of single twine knotless polyamide or polyethylene material not more than 3 mm in diameter and hung on the bar so that the meshes are square shaped,
(b) the length of the codend is not less than 1 metre nor more than 3 metres with a circumference of not more than 2.5 metres.
(6) For the purposes of this clause, a deepwater prawn trawl codend is a codend (or part of the net capable of being used as a codend) that has a mesh that is not less than 40 mm nor more than 50 mm and that does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend).
(7) For the purposes of this clause, a school prawn codend is a codend that complies with the following description—
(a) the mesh of the codend of the net (or the part of the net capable of being used as a codend) is not less than 29 mm nor more than 45 mm, constructed of single twine knotless polyamide or polyethylene material not more than 3 mm in diameter and hung on the bar so that the meshes are square shaped,
(b) the length of the codend is not less than 1 metre nor more than 3 metres with a circumference of not more than 2.5 metres.
(8) It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of an otter trawl net (prawns) if the try net complies with the following description—
The net is a single net with a maximum total length of 4 metres; mesh of body of the net (or that part of the net not capable of being used as a codend) is not less than 40 mm nor more than 75 mm; mesh of the codend of the net (or that part of the net capable of being used as a codend) is not less than 35 mm nor more than 45 mm, constructed of single twine knotless polyamide or polyethylene material not more than 3 mm in diameter, and hung on the bar so that the meshes are square shaped; two otter boards each of which has an area no greater than 0.5 square metre.
(9) It is also lawful to use an otter trawl net to take other fish that are taken by the net when it is being lawfully used for taking prawns, except the following fish—
(a) rock lobster, abalone or yellowtail kingfish,
(b) a prohibited size class of fish (other than crustaceans), when the net is being used in waters south of a line drawn due east of the lighthouse at Smoky Cape.
(10) For the purposes of this Plan or any other instrument under the Act, a net described—
(a) in subclause (1) or in the Table to this clause may be referred to as an otter trawl net (prawns) or an otter trawl net (prawns)—ocean trawl fishery, and
(b) in subclause (8) may be referred to as a try net (prawns).
Table Otter trawl net (prawns)
| 1 | (a) Waters—Ocean waters that fall within the description of the fishery.(b) Description of net—(i) Droppers with a minimum length of 100 mm and fitted to separate the foot rope of the net from the ground line or ground chain, and(ii) no more than one line of ground chain, and(iii) ground chain with links not more than 12 mm in diameter, and(iv) total length of net (length of head line between the first and last hanging) or, where multiple nets are used, the total combined length of the head line of each net between the first and last hanging—(A) not exceeding 60 metres (in the case of a net being used by the holder of a deepwater prawn endorsement taking fish pursuant to a deepwater prawn endorsement), or(B) not exceeding 55 metres (in any other case), and(v) mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 40 mm or more than 75 mm, and(vi) codend of the net (or that part of the net capable of being used as a codend) complying with the requirements of this clause in relation to the waters concerned, and(vii) sweeps secured to head line and otter board so that the distance between the point of attachment to the otter boards and the first hanging of the net does not exceed 5 metres or the distance from the trawl gallows to the stern of the boat (whichever is the greater). |
7B
Otter trawl net (fish)
7B Otter trawl net (fish)
7B Otter trawl net (fish)
(1) It is lawful for the holder of a fish northern zone endorsement to use an otter trawl net for taking fish (other than prawns, gemfish, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of bottom trawling,
(b) no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),
(c) mesh of net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),
(d) any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,
(e) rubber discs or rollers (also known as bobbin gear) are not fitted to the net while the net is being used in waters north of a line drawn due east from the Sugarloaf Point Lighthouse at Seal Rocks,
(f) mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),
(g) the net is fitted with a bycatch reduction device of a kind approved by the Secretary and that device is fitted in accordance with any specifications approved by the Secretary and published in the Gazette.
(2) An otter trawl net may have attached to it any of the following—
(a) a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,
(b) a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,
(c) a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the lateral openings of the meshes or the mesh size of the meshes to less than required by this clause.
(3) The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be between 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Secretary and published in the Gazette.
(3A) It is also lawful to use an otter trawl net (fish) to take gemfish that are taken by the net when it is being lawfully used for taking other fish.
(4) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—ocean trawl fishery.
Table Otter trawl net (fish)
| 1 | (a) Waters—Ocean waters that are north of a line drawn due east from Barrenjoey Head.(b) Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not to exceed 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres. |
7C
Danish seine trawl net (fish)
7C Danish seine trawl net (fish)
7C Danish seine trawl net (fish)
(1) It is lawful for the holder of a fish northern zone endorsement to use a danish seine trawl net for taking fish (other than prawns, gemfish, abalone and rock lobster) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the net is used only by the method of danish seining.
(1A) It is also lawful to use a danish seine trawl net (fish) to take gemfish that are taken by the net when it is being lawfully used for taking other fish.
(2) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)—ocean trawl fishery.
Table Danish seine trawl net (fish)
| 1 | (a) Waters—Ocean waters that are north of a line drawn due east from Barrenjoey Head.(b) Description of net—Mesh not less than 83 mm throughout. |
Part 5
General requirements in relation to taking fish
Part 5 General requirements in relation to taking fish
Part 5 General requirements in relation to taking fish
8
Waters closed to ocean trawling
8 Waters closed to ocean trawling
8 Waters closed to ocean trawling
Pursuant to section 20 (2) of the Act, it is declared that the waters specified in Column 1 of Schedule 2 are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers by use of the net specified next to those waters in Column 2 of the Schedule is prohibited, during the period specified in relation to those waters in Column 3 of the Schedule.
Note—
See the Supporting Plan for section 20 (2) closures that apply to more than one share management fishery.
9
Boat length restrictions
9 Boat length restrictions
9 Boat length restrictions
(1) For the Act, section 68(6A), it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery if the measured length of the boat is more than 20m (the maximum boat length).
(2) A boat is exempt from the maximum boat length if the boat—
(a) is an exempt boat, and
(b) displays—
(i) the unique vessel identifier for the boat, or
(ii) the identifying number of the boat, in accordance with subclause (3).
(3) The identifying number of the boat must be displayed—
(a) on both sides of the outside of the bow or wheelhouse, and
(b) following the letters “LFB”, and
(c) using letters and figures that are—
(i) clearly visible, and
(ii) in a colour that contrasts with the boat, and
(iii) at least 300mm high and 150mm wide.
(4) In this clause—
measured length of a boat means the measured length specified in the most recent certificate of survey for the boat.
9A
Boats exempt from maximum boat length
9A Boats exempt from maximum boat length
9A Boats exempt from maximum boat length
(1) A boat is exempt from the maximum boat length if, immediately before the commencement of this clause, a fishing boat licence that specified an “OT” exemption code (a relevant fishing boat licence) authorised the use of the boat for a declared commercial fishing boat activity.
(2) A boat is exempt only if the following are provided to the Secretary within the relevant period—
(a) the name of the boat,
(b) the identifying number of the boat,
(c) the unique vessel identifier for the boat,
(d) the most recent certificate of survey for the boat.
(3) In this clause—
relevant period means 90 days from the commencement of this clause or a longer period determined by the Secretary.
9B
Transfer of entitlement to exempt boat
9B Transfer of entitlement to exempt boat
9B Transfer of entitlement to exempt boat
(1) A person who, immediately before the commencement of this clause, held a relevant fishing boat licence may transfer the entitlement to an exempt boat to another person.
(2) The person to whom the entitlement to an exempt boat is transferred under subclause (1) may transfer the entitlement to another person.
(3) If a person transfers an entitlement under subclause (1) or (2)—
(a) the transferee is entitled to an exempt boat as if the person was the holder of the relevant fishing boat licence, and
(b) the transferor is no longer entitled to an exempt boat.
9C
New and replacement exempt boats
9C New and replacement exempt boats
9C New and replacement exempt boats
(1) An exempt boat may not be replaced after 3 years from the commencement of this clause.
(2) A person who has an entitlement to an exempt boat may not acquire an exempt boat after 3 years from the commencement of this clause.
(3) The Secretary may extend the 3-year period specified in subclause (1) or (2) if the Secretary is satisfied exceptional circumstances exist.
(4) A replacement boat is exempt from the maximum boat length if—
(a) the boat is not longer than the maximum length specified, immediately before the commencement of this clause, on the relevant fishing boat licence for the replaced boat, and
(b) the following are provided to the Secretary—
(i) the name of the boat,
(ii) the unique vessel identifier for the boat,
(iii) the most recent certificate of survey for the boat,
(iv) if the replacement boat is exempt because of the transfer of an entitlement under clause 9B—evidence that is, in the opinion of the Secretary, reasonably sufficient to demonstrate that the entitlement was transferred in accordance with that clause.
10
Prawning boat information to be provided to Secretary
10 Prawning boat information to be provided to Secretary
10 Prawning boat information to be provided to Secretary
(1) The owner of a prawning fishing business must not use a boat, or permit a boat to be used, for the taking of fish under an offshore prawn endorsement or an inshore prawn endorsement unless the owner has provided the Secretary with the required information in respect of the boat.
Maximum penalty—100 penalty units.
(2) For the purposes of section 68 (6A) of the Act, it is a condition of an offshore prawn endorsement and an inshore prawn endorsement that the endorsement holder does not use a boat to take fish under that endorsement unless the required information in respect of the boat has been provided to the Secretary.
(3) The required information is to be provided to the Secretary in a form approved by the Secretary.
(4) For the purposes of section 65 of the Act, contravention of this clause is an offence.
(5) In this clause—
certificate of survey for a boat means—
(a) a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998, or
(b) if a certificate of survey has not been issued for the boat—a document that—
(i) is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and
(ii) specifies the measured length, moulded depth and moulded breadth of the boat determined in accordance with the National Standard for Commercial Vessels.
prawning fishing business means a fishing business a component of which is an offshore prawn endorsement or inshore prawn endorsement.
required information, in respect of a boat, means—
(a) the name of the boat,
(b) the identifying number for the boat,
(c) (Repealed)
(d) the most recent certificate of survey for the boat.
10A
Sorting of prawns caught in certain nets
10A Sorting of prawns caught in certain nets
10A Sorting of prawns caught in certain nets
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the following steps are taken immediately after using an otter trawl net (prawns) to take fish in the fishery—
(a) any prawns caught in the net are graded immediately after the net is retrieved,
(b) the unwanted portion of the catch is returned to the water, alive, as soon as practicable (and in any case before the cooking of the retained portion of the catch).
10B
Use of fish spikes and other implements
10B Use of fish spikes and other implements
10B Use of fish spikes and other implements
(1) An endorsement holder must not, while on board a boat being used to take fish in the fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch—
(a) a knife, fish spike or similar implement,
(b) a club or similar implement.
(2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained.
(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
10C
Bag limits for certain species
10C Bag limits for certain species
10C Bag limits for certain species
(1) For the purposes of section 17 (1) of the Act, the daily limit of a species of fish described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person taking the fish falls within the class of endorsement holders specified next to the species in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.
(2) For the purposes of section 17B (1) (a) of the Act, the possession limit of fish of a species described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person in possession of that species of fish falls within the class of endorsement holders specified next to the species described in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.
(3) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this Plan if the person charged satisfies the court that the fish were lawfully taken from outside the fishery.
Part 5A
Real time reporting
Part 5A Real time reporting
Part 5A Real time reporting
10D
Reports to be made by offshore and inshore prawn endorsement holders before taking fish
10D Reports to be made by offshore and inshore prawn endorsement holders before taking fish
10D Reports to be made by offshore and inshore prawn endorsement holders before taking fish
(1) For the purposes of section 124A (1) of the Act, a holder of an offshore prawn endorsement or inshore prawn endorsement is required to provide the following information to the Secretary in relation to each 24-hour period in which the endorsement holder takes fish under the endorsement (a pre-fishing report)—
(a) the date of the report,
(b) the registration number of the commercial fishing licence of the endorsement holder,
(c) the type of endorsement,
(d) the number of the fishing business of which the endorsement is a component,
(e) the identifying number for the boat being used to take fish.
(2) For the purposes of section 124A (3) (a) of the Act, a pre-fishing report must be made before the endorsement holder commences taking fish in the 24-hour period to which the report relates.
(3) For the purposes of subclause (2), an endorsement holder commences taking fish when the holder is aboard a boat in the fishery and first places any part of an otter trawl net (prawns) or a try net (prawns) in the water.
(4) For the purposes of section 68 (6A), it is a condition of an offshore prawn endorsement and inshore prawn endorsement that the holder must not—
(a) take any eastern school prawn (Metapenaeus macleayi) or eastern king prawn (Melicertus plebejus) during a period in respect of which the holder has not made a pre-fishing report, or
(b) be in possession of those species of prawns if the prawns were taken in the fishery during a period in respect of which the holder has not made a pre-fishing report.
(5) For the purposes of section 65 of the Act, contravention of subclause (4) is an offence.
10E
Reports of flathead and whiting catch
10E Reports of flathead and whiting catch
10E Reports of flathead and whiting catch
(1) This clause applies to a holder of any of the following endorsements—
(a) inshore prawn,
(b) offshore prawn,
(c) fish northern zone.
(2) For the purposes of section 124A (1) of the Act, an endorsement holder to whom this clause applies is required to provide the following information to the Secretary in relation to each catch of a relevant species taken by the endorsement holder (a catch estimate report)—
(a) the date of the report,
(b) the registration number of the commercial fishing licence of the endorsement holder,
(c) the number of the fishing business of which the endorsement is a component,
(d) the species of fish,
(e) an estimate of the weight of the catch,
(f) where the endorsement holder proposes to land the catch.
(3) For the Act, section 124A(3)(a), a catch estimate report in relation to the catch must be made—
(a) if the catch is to be taken out of New South Wales by sea—at least 10 hours before the catch is taken out of New South Wales on a boat, or
(b) otherwise—after the commercial fisher takes the catch and before the catch is removed from the boat.
(4) For the purposes of section 124A (1) of the Act, an endorsement holder to whom this clause applies is required to provide the following information to the Secretary in relation to a catch of a relevant species (a final catch report)—
(a) the registration number of the commercial fishing licence of the endorsement holder,
(b) the number of the fishing business of which the endorsement is a component,
(c) the species of fish,
(d) the weight of the catch.
(5) For the Act, section 124A(3)(a), a final catch report in relation to the catch must be made—
(a) if the catch is taken out of New South Wales by sea—within 72 hours of making the catch estimate report in relation to the catch, or
(b) if the catch is whiting and is taken out of NSW by land in a shipping container—within 72 hours of making the catch estimate report in relation to the catch, or
(c) otherwise—
(i) within 6 hours of making a catch estimate report in relation to the catch, and
(ii) before any of the catch is taken out of New South Wales.
(6) (Repealed)
(7) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder remain in possession of the catch until the final catch report has been made.
(8) For the purposes of section 65 of the Act, contravention of subclause (7) is an offence.
(9) For the purposes of this clause, the weight of a catch is to be determined by accurate scales and rounded to 1 decimal place.
(10) In this clause—
relevant species means tiger flathead, bluespotted flathead, eastern school whiting and stout whiting.
10F
Reports of silver trevally catch
10F Reports of silver trevally catch
10F Reports of silver trevally catch
(1) For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to each catch of silver trevally taken by the endorsement holder (a catch estimate report)—
(a) the date of the report,
(b) the registration number of the commercial fishing licence of the endorsement holder,
(c) the number of the fishing business of which the endorsement is a component,
(d) an estimate of the weight of the catch of silver trevally,
(e) where the endorsement holder proposes to land the catch.
(2) For the Act, section 124A(3)(a), a catch estimate report in relation to the catch must be made—
(a) if the catch is to be taken out of New South Wales by sea—at least 10 hours before the catch is taken out of New South Wales on a boat, or
(b) otherwise—after the commercial fisher takes the catch and before the catch is removed from the boat.
(3) For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to a catch of silver trevally (a final catch report)—
(a) the registration number of the commercial fishing licence of the endorsement holder,
(b) the number of the fishing business of which the endorsement is a component,
(c) the weight of the catch of silver trevally.
(4) For the Act, section 124A(3)(a) and (b), a final catch report in relation to the catch must be made—
(a) if the catch is taken out of New South Wales by sea—within 72 hours of making the catch estimate report in relation to the catch, or
(b) otherwise—
(i) within 6 hours of making a catch estimate report in relation to the catch, and
(ii) before any of the catch is taken out of New South Wales.
(5) (Repealed)
(6) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder remain in possession of the catch until the final catch report has been made.
(7) For the purposes of section 65 of the Act, contravention of subclause (6) is an offence.
(8) For the purposes of this clause, the weight of a catch is to be determined by accurate scales and rounded to 1 decimal place.
10G
Reporting when real time reporting system not available
10G Reporting when real time reporting system not available
10G Reporting when real time reporting system not available
For the purposes of section 124A (4) of the Act, if an endorsement holder cannot make a report as required under this Part because the real time reporting system malfunctions or is not available, the endorsement holder must—
(a) complete the form approved by the Secretary for the purposes of this clause in accordance with any instructions in the form, and
(b) send the completed form to the Secretary within the time specified in the form.
Part 6
General
Part 6 General
Part 6 General
11
Adoption of Supporting Plan
11 Adoption of Supporting Plan
11 Adoption of Supporting Plan
For the purposes of section 57A (5) of the Act, the provisions of the Supporting Plan, as they relate to the fishery, and as in force from time to time, are adopted by this Plan.
12
Authorised amendments to Plan
12 Authorised amendments to Plan
12 Authorised amendments to Plan
For the purposes of section 64 of the Act, any amendment to this Plan is authorised.
Part 7
Transitional TAE determinations
Part 7 Transitional TAE determinations
Part 7 Transitional TAE determinations
13
Transition period
13 Transition period
13 Transition period
In this Part, transition period means the period starting on 21 September 2018 and ending on 30 June 2024.
14
Secretary required to make TAE determinations for ocean trawl prawning during transition period
14 Secretary required to make TAE determinations for ocean trawl prawning during transition period
14 Secretary required to make TAE determinations for ocean trawl prawning during transition period
(1) The Secretary, and not the TAF Committee, is required to make any TAE determinations for ocean trawl prawning that the TAF Committee would otherwise be required to make under clause 5F for any fishing period ending on or before 30 June 2024.
(2) The first TAE determination is to be made in respect of the period commencing on 1 May 2019 and ending on 30 April 2020. After that, a TAE determination is to be made in respect of each period of 12 months commencing on 1 May and ending on 30 April in the following year.
(3) A TAE determination under this clause is to be made in accordance with Division 3 of Part 2A of the Act, subject to clause 15.
15
Transition to TAF Committee fishing determinations
15 Transition to TAF Committee fishing determinations
15 Transition to TAF Committee fishing determinations
(1) The Minister may, during the transition period, give directions to the Secretary as to the matters to which the Secretary is to have regard in making any TAE determination for the fishery that the Secretary is required to make during the transition period.
(2) A direction may exempt the Secretary from the requirement to have regard to a scientific assessment in making a TAE determination, in which case section 40M (1) of the Act does not apply to the TAE determination.
(3) The direction is to be given by order in writing.
(4) The Minister may give a direction under this clause only if the Minister is of the opinion that the direction is necessary to facilitate the structural adjustment of the fishery to TAF Committee fishing determinations.
(5) Without limiting subclause (1), a direction may require the Secretary to have regard to the following—
(a) historical catch or fishing effort in the fishery,
(b) the objective of gradually transitioning the fishery to TAF Committee fishing determinations.
(6) The Secretary is to make any TAE determination that the Secretary is required to make for the fishery during the transition period in accordance with any direction given by the Minister under this clause.
(7) In this clause, TAF Committee fishing determination means a fishing determination made by the TAF Committee under Division 2 of Part 2A of the Act.
| Common name | Scientific name |
| Blue swimmer crab | Portunus armatus |
| Squid spp. | various (Class: CEPHALOPODA) |
| Gurnard/Latchet | Pterygotrigla andertoniPterygotrigla polyommataChelidonichthys kumu |
| John dory | Zeus faber |
| Angel shark | Squatina spp. |
| Flounder spp. | various (Family: PLEURONECTIDAE/BOTHIDAE) |
| Red mullet | various (Family: MULLIDAE) |
| Redfish | Centroberyx affinis |
| Leatherjacket spp. | various (Family: MONACANTHIDAE) |
| Ocean perch | Helicolenus barathriHelicolenus percoides |
| Mirror dory | Zenopsis nebulosus |
| Sole spp. | various (Family: SOLEIDAE) |
| Grey morwong | Nemadactylus douglasii |
| Pink tilefish | Branchiostegus wardi |
| Giant boarfish | Paristiopterus labiosus |
| Shark spp. | various |
Schedule 2
Waters closed to ocean trawling
Schedule 2 Waters closed to ocean trawling
Schedule 2 Waters closed to ocean trawling
(Clause 8)
| Column 1 | Column 2 | Column 3 |
| Waters | Method | Time |
| Tweed Heads | | |
| The whole of the waters within the area bounded by a line commencing at the mean high water mark and 28°09.878408′ S, then north east to the point 28°08.445075′ S and 153°36.360055′ E, then south to 28°15.000′ S and 153°36.360′ E, then west to the mean high water mark, then generally north along the mean high water mark to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Brunswick Heads | | |
| The whole of the waters within the area bounded by a line commencing at 28°30.246′ S and 153°33.670′ E, then due east for 0.7 nautical miles to 28°30.246′ S and 153°34.467′ E, then south-east to 28°32.251′ S and 153°34.839′E, then due west to 28°32.251′ S and 153°34.044′ E, then north-west to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Ballina | | |
| The whole of the waters within the area bounded by a line commencing at the point 28°52.154′ S and 153°36.252′ E, then north east to the point 28°50.940′ S and 153°36.910′ E, then north to the point 28°49.930′S and 153°37.120′ E, then north to the point 28°48.571′ S and 153°37.100′ E, then due east to the point 28°48.571′ S and 153°37.836′ E, then south to the point 28°52.154′ S and 153°37.836′ E, then south west to the point 28°53.350′ S and 153°37.372′ E, then south west to the point 29°00.000′ S and 153°31.845′ E, then due west to the point 29°00.000′ S and 153°29.850′ E, then north east to the point 28°53.451′ S and 153°35.585′ E, then north east to the point 28°52.394′ S and 153°36.156′ E, then back to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Evans Head River entrance | | |
| The whole of the ocean waters within the area bounded by a line commencing from the eastern most point of Joggly Point at 29°07.130′ S and 153°27.090′ E, then due north to a point 29°06.000’ S and 153°27.090′ E, then due west to the mean high water mark at Airforce Beach at 29°06.000′ S and 153°25.970′ E, then generally south along the mean high water mark to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Evans Head | | |
| The whole of the waters within the area bounded by a line commencing at the point 29°07.720′ S and 153°28.600′ E, then south east to the point 29°08.780′ S and 153°31.040′ E, then south west to the point 29°10.440′ S and 153°30.300′ E, then south east to the point 29°11.460′ S and 153°31.400′ E, then south west to the point 29°15.000′ S and 153°28.920′ E, then west to the point 29°15.000′ S and 153°23.390′ E, then north east to the point 29°08.370′ S and 153°28.580′ E, then back to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Angourie Point | | |
| The ocean waters adjacent to Brooms Head, Clarence River and Woody Head, within the boundary, commencing at a point at Mean High Water Mark at Angourie Point, 29°29.050′ S and 153°22.130′ E, then east 0.5 nautical miles to a point 29°29.180′ S and 153°22.720′ E, then 2.7 nautical miles north to a point adjacent to Yamba Point at 29°26.480′ S and 153°23.120′ E, then to a point 0.6 nautical miles east of the Iluka Breakwall at 29°25.600′ S and 153°23.020′ E, then north to a point 0.85 nautical miles from Woody Head at 29°22.400′ S and 153°23.460′ E, then east to a point 3 nautical miles from Woody Head at 29°22.400′ S and 153°25.870′ E, then south to a point 3 nautical miles east of Yamba Point at 29°26.480′ E and 153°25.780′ E, then south to a point 3 nautical miles east of Angourie Point at 29°29.200′ S and 153°25.500′ E, then south to a point 3 nautical miles east of Brooms Head at 29°36.800′ S and 153°23.800′ E, then west to Mean High Water Mark at Brooms Head at 29°36.800′ S and 153°20.400′ E, then bounded by Mean High Water Mark along the ocean shore north to the point of commencement at Angourie Point (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Coffs Harbour | | |
| The whole of the waters of Coffs Harbour, enclosed by a line drawn from the north eastern extremity of the southern breakwall to the eastern extremity of Muttonbird Island. | Otter trawl net (prawns). | All year. |
| Coffs Harbour deep sea ocean outfall pipeline | | |
| Ocean waters adjacent to Boambee Beach, within the boundary commencing at a point 30°19.096′ S and 153°08.013′ E on Boambee Beach (approximately 1 km south of Boambee Headland), then south south east 0.19 nautical miles to the point 30°19.232′ S and 153°08.159′ E, then south east 0.6 nautical miles to a point 30°19.570′ S and 153°08.743′ E, then south west approximately 100 metres to the point 30°19.616′ S and 153°08.708′ E, then north west 0.61 nautical miles to a point 30°19.274′ S and 153°08.118′ E, then north north west approximately 0.19 nautical miles to a point 30°19.134′ S and 153°07.969′ E on Boambee Beach, then approximately 100 metres generally north east along the beach to the point of commencement. | Otter trawl net (prawns). | All year. |
| South West Rocks | | |
| The whole of the waters within the area bounded by a line commencing at the point 30°51.900′ S and 153°02.700′ E, then north east to the point 30°50.900′ S and 153°04.000′ E, then north west to the point 30°47.800′ S and 153°03.600′ E, then due west to the point 30°47.800′ S and 153°00.500′ E, then south east to the point 30°49.500′ S and 153°01.000′ E, then south east to the point 30°51.500′ S and 153°02.000′ E, then back to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | From official sunset 1 November to official sunrise 1 March each ensuing year. |
| South West Rocks (school prawn corridor) | | |
| The whole of the waters within the area bounded by a line commencing at the eastern extremity of the southern breakwater 30°52.430′ S and 153°01.620′ E, then north east to the point 30°51.900′ S and 153°02.700′ E, then north west to the point 30°51.500′ S and 153°02.000′ E, then north west to the point 30°49.500′ S and 153°01.000′ E, then north west to the point 30°47.800′ S and 153°00.500′ E, then west to the mean high water mark at or nearest to 30°47.800′ S and 153°00.020′ E, then generally south along the mean high water mark to the eastern extremity of the northern breakwater then back to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | Between sunset and sunrise each day between 1 November and 1 March each ensuing year. |
| Smoky Cape | | |
| The waters north of a line drawn due east from the lighthouse at Smoky Cape. | Otter trawl net (fish) and danish seine trawl net (fish). | All year. |
| Green Island (South West Rocks) | | |
| The waters extending 200 metres in all directions from the mean high water mark of Green Island excluding the waters within 50 metres of the mainland shore. | Otter trawl net (prawns). | All year. |
| Fish Rock (South West Rocks) | | |
| The whole of the waters within 200 metres of the mean high water mark of Fish Rock. | Otter trawl net (prawns), otter trawl net (fish) and danish seine trawl net (fish). | All year. |
| Crowdy Head | | |
| The ocean waters within the boundary, commencing at 32°02.650′ S and 152°42.150′ E, then north to 32°01.570′ S and 152°42.420′ E, then north north east to 31°58.840′ S and 152°43.440′ E, then east to 31°59.200′ S and 152°44.340′ E, then south south west to 32°01.030′ S and 152°43.740′ E, then south to 32°03.220′ S and 152°43.200′ E, then north west to the point of commencement (references to directions are indicative only). | Otter trawl net (prawns). | All year. |
| Forster | | |
| The whole of the waters within the area bounded by a line commencing at the intersection of the coordinates 32°26.400′ S and 152°32.400′ E, thence east to the intersection of the coordinates 32°26.400′ S and 152°35.000′ E thence north to the intersection of the coordinates 32°20.000′ S and 152°35.000′ E thence west to the intersection of the coordinates 32°00.000′ S and 152°33.300′ E thence south west to the intersection of the coordinates 32°24.400′ S and 152°32.100′ E thence back to the point of commencement. | Otter trawl net (prawns). | All year. |
| Port Stephens | | |
| The whole of the waters within the area bounded by the line commencing at the south eastern extremity of Shark Island (Pt Stephens), thence east to the intersection of the coordinates 32°45.000′ S and 152°14.200′ E, thence north east to the intersection of the coordinates 32°33.000′ S and 152°25.400′ E, thence east north east to the intersection of the coordinates 32°28.300′ S and 152°35.000′ E, thence north west to the eastern most extremity of Sugarloaf Point (Seals Rocks), thence south along the mean high water mark to Yagon Gibber, thence due east from the eastern most extremity of Yagon Gibber to the 10 fathom depth contour, thence generally south along the 10 fathom depth contour (inside Broughton Island, Inner Island and Dry Rock etc) until due east of the most easterly extremity of Yacaaba Head, thence due west to the eastern most extremity of Yacaaba Head, thence generally south south west along the mean high water mark to the southern most extremity of Yacaaba Point, thence south to the Northern extremity of Tomaree Point, thence generally south south east along the mean high water mark to the point of commencement. | Otter trawl net (prawns). | All year. |
| Newcastle | | |
| All waters enclosed by a line commencing from the intersection of the 10 fathom depth contour and latitude 32°55.000′ S, then generally in a south-easterly direction to a point latitude 32°57.300′ S, longitude 151°52.000′ E, then generally in a south-westerly direction along the 30 fathom depth contour to a point latitude 33°12.000′ S, longitude 151°42.000′ E, then due west to the intersection of the 10 fathom contour and latitude 33°12.000′ S, then generally in a north-easterly direction along the 10 fathom depth contour to the point of commencement. | Otter trawl net (prawns). | All year. |
| Ex-HMAS Adelaide Reserve | | |
| The whole of the waters enclosed by the following coordinates—33°27.887′ S and 151°27.301′ E,33°27.767′ S and 151°27.374′ E,33°27.973′ S and 151°27.502′ E,33°27.852′ S and 151°27.574′ E. | Otter trawl net (prawns), otter trawl net (fish) and danish seine trawl net (fish). | All year. |
| Port Kembla (Red Point to Windang Island) | | |
| The whole of the waters west of a line drawn from the most eastern extremity of Red Point south to the most eastern extremity of Windang Island. | Otter trawl net (prawns). | All year. |
| Deep waters | | |
| Ocean waters that are east of the 1,100 metre depth contour. | Otter trawl net (prawns), otter trawl net (fish) and danish seine trawl net (fish). | All year. |
| Reefs | | |
| All waters immediately above any part of the seabed that is comprised of hard rock or reef (not including gravel). | Otter trawl net (prawns), otter trawl net (fish) and danish seine trawl net (fish). | All year. |
Schedule 3
Bag limits
Schedule 3 Bag limits
Schedule 3 Bag limits
(Clause 10C)
| Column 1 | Column 2 | Column 3 | Column 4 |
| Species of fish | Daily limit and possession limit | Fishers to whom bag limit applies | Waters |
| Spanner crab (Ranina ranina). | 0 kilograms from 21 October in any year to 20 January in the next year (both dates inclusive).10 kilograms from 21 January to 20 October in each year (both dates inclusive). | All endorsement holders. | All ocean waters. |
| Wobbegong (Orectolobus spp.). | 6 comprised of any single species or a combination of species. | All endorsement holders. | All ocean waters. |
| Blue swimmer crab (Portunus armatus). | 25 kilograms. | Inshore prawn endorsement holders, offshore prawn endorsement holders and fish northern zone endorsement holders. | All ocean waters. |
| Blue swimmer crab (Portunus armatus). | 0. | Deepwater prawn endorsement holders. | All ocean waters. |
| Mud crab (Scylla serrata). | 0. | All endorsement holders. | All ocean waters. |
| Longfin eel (Anguilla reinhardtii). | 0. | All endorsement holders. | All ocean waters. |
| Southern shortfin eel (Anguilla australis). | 0. | All endorsement holders. | All ocean waters. |
| Eastern sea garfish (Hyporhamphus australis). | 0. | All endorsement holders. | All ocean waters. |
| Tiger flathead (Platycephalus richardsoni). | 0. | Deepwater prawn endorsement holders. | All ocean waters. |
| Bluespotted flathead (Platycephalus caeruleopunctatus). | 0. | Deepwater prawn endorsement holders. | All ocean waters. |
| Eastern school whiting (Sillago flindersi). | 0. | Deepwater prawn endorsement holders. | All ocean waters. |
| Stout whiting (Sillago robusta). | 0. | Deepwater prawn endorsement holders. | All ocean waters. |
| Australian sardine (Sardinops sagax). | 0. | All endorsement holders in the fishery. | All ocean waters. |
| Bass grouper (Polyprion americanus). | 0. | All endorsement holders in the fishery. | All ocean waters. |
| Hapuku (Polyprion oxygeneios). | 0. | All endorsement holders in the fishery. | All ocean waters. |
| Bigeye ocean perch (Helicolenus barathri). | 0. | Inshore prawn endorsement holders and offshore prawn endorsement holders. | All ocean waters. |
| Bigeye ocean perch (Helicolenus barathri). | 500 kilograms. | Deepwater prawn endorsement holders and fish northern zone endorsement holders. | All ocean waters. |
| Blue-eye trevalla (Hyperoglyphe antarctica). | 0. | All endorsement holders in the fishery. | All ocean waters. |
| Pink ling (Genypterus blacodes). | 0. | All endorsement holders in the fishery. | All ocean waters. |
| Gemfish (Rexea solandri). | 50 kilograms. | All endorsement holders in the fishery. | All ocean waters. |
Schedule 4
Allocation of quota shares
Schedule 4 Allocation of quota shares
Schedule 4 Allocation of quota shares
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 5 February 2007.
3 Ocean Trawl Share Management Plan
3 Ocean Trawl Share Management Plan
3 Ocean Trawl Share Management Plan
The Ocean Trawl Share Management Plan set out in the Appendix to this Regulation has effect.
body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly and any extension piece that may be inserted immediately forward of the codend.
certificate of survey for a boat means—
(a) a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998, or
(b) if a certificate of survey has not been issued for the boat—a document that—
(i) is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and
imposing spatial and temporal closures where ocean trawling is prohibited for specified gears and areas (clause 8 and Schedule 2);
imposing reporting, real‑time and post‑catch reporting obligations on endorsement holders (Part 5A, clauses 10D-10G) and placing conditions on possession and landing of catch until reporting requirements are satisfied (clauses 10E(7), 10F(6));
prescribing other operational conditions, for example immediate sorting of prawns post-retrieval (clause 10A), prohibitions on use of fish spikes and similar implements (clause 10B), boat-length caps and exemptions with documentation requirements (clauses 9, 9A-9C), bag and possession limits for defined species (clause 10C and Schedule 3);
adopting the Fisheries Management Supporting Plan as it relates to the fishery (clause 11) and authorising future amendments to the Plan (clause 12); and
providing transitional arrangements for who makes certain TAE determinations during a defined transition period, shifting the power from the TAF Committee to the Secretary for a specified period and allowing Ministerial directions to the Secretary (Part 7, clauses 13-15).
The Plan repeatedly cross‑references provisions of the Fisheries Management Act 1994 (the Act), and relies on administrative actors (Minister, Secretary, TAF Committee, Share Appeal Panel) to make determinations, approve bycatch reduction devices and designate special grounds via Gazette notices (for example clauses 5E, 5F, 7A(1)(c), 7B(1)(g), 7A(4)(c)). It creates procedural rights (appeal to the Share Appeal Panel, clause 5D) and procedural limits (shares subject to appeal cannot be transferred, clause 5D(4)). Several breach provisions are expressly declared to be offences for the purposes of the Act (for example clause 10(1), also multiple clauses noting contravention constitutes an offence under section 65 or section 68(6A) of the Act).
The instrument thus converts a set of management rules, gear and reporting standards, quota allocation formulas and procedural arrangements into enforceable regulatory obligations that determine who may fish, how, where and with what equipment, as well as how quota entitlements are created, allocated and appealed.
Main concepts
The Plan organises the ocean trawl fishery through a small set of interlocking legal concepts. These are the building blocks that decide access, operational limits and resource allocation.
Shares and endorsements
Classes of shares are the ownership rights in the fishery. Clause 4 lists classes (for example, ocean trawl,inshore prawn shares; ocean trawl,fish northern zone shares) and Part 3A adds quota shares as further classes (clause 5A).
Endorsements are licence endorsements that authorise particular fishing methods and spatial activities. Clause 5 sets four endorsement types (inshore prawn, offshore prawn, deepwater prawn, fish northern zone) and ties eligibility to specific share classes (clauses 5(3), (5), (7), (9)).
Minimum shareholding requirements determine eligibility to hold or nominate persons to be given endorsements (clause 6). Maximum shareholding rules limit concentration: the maximum for all non‑quota shares is 40% of total shares at commencement (clause 7).
Quota management and allocation
Quota shares are distinct classes created under section 71A of the Act and are used to partition catch or effort rights for named species and prawn effort (clause 5A).
Eligibility to be issued quota shares depends on holding specific existing share classes at a fixed historical cut‑off (12 noon, 28 September 2018) (clause 5B(2)).
The Minister determines the number of quota shares issued to each eligible shareholder using allocation formulas set out in Schedule 4 and issues the quota shares (clause 5B(3)-(4), 5C). Those formulas rely on historical catch records over a defined reporting period (Schedule 4 Part 1, cl 1-2).
Quota shares issued can be appealed to the Share Appeal Panel, but shares subject to appeal cannot be transferred (clause 5D).
Catch and effort controls
The Plan requires TAC determinations for specified species and TAE (total allowable fishing effort) determinations for prawning (clauses 5E-5F). The period for determinations is 12 months commencing 1 May (clauses 5E(2), 5F(3)).
During a transition period (21 September 2018-30 June 2024), the Secretary, not the TAF Committee, makes TAE determinations and the Minister may give directions to the Secretary (clauses 13-15). The Minister may even direct that the Secretary need not apply scientific assessments when making those determinations (clause 15(2)).
Operational and technical rules
Gear and net specifications are detailed: mesh sizes, codend types (all waters, deepwater prawn, school prawn), maximum headline lengths, ground chain limits, sweeps and otter board sizes, try net technical requirements and mandatory bycatch reduction devices (clauses 7A-7C and associated Tables).
Spatial closures and temporal restrictions are listed in Schedule 2, including whole areas where certain nets are prohibited (clause 8, Schedule 2).
Other operational conditions include immediate sorting of prawns on retrieval (clause 10A), a ban on using fish spikes and similar implements to injure bycatch (clause 10B), and bag and possession limits for specified species (clause 10C and Schedule 3).
Reporting, registration and documentation
Real‑time and near‑real‑time reporting obligations are imposed on endorsement holders: pre‑fishing reports for daily fishing periods (clause 10D), catch estimate reports and final catch reports for designated species with specified timing (clauses 10E-10F), requirements to remain in possession of the catch until final report is made (10E(7), 10F(6)), and fallback form‑based reporting when the real‑time system is unavailable (clause 10G).
Boat information must be provided to the Secretary and is a condition of prawning endorsements; failure attracts a stated maximum penalty for one clause (clause 10, maximum penalty 100 penalty units). Exempt boats from the maximum length must provide identifying documentation to the Secretary within prescribed timeframes (clauses 9, 9A-9C).
Administrative architecture and decision makers
The Minister, Secretary, TAF Committee and Share Appeal Panel are decision makers with legal powers under the Plan. The Secretary’s approval is required for bycatch reduction devices and for designation of special grounds and rules published in the Gazette (examples are in clauses 7A(1)(c), 7A(4)(c), 7B(1)(g)).
The Plan adopts the Supporting Plan as it applies to the fishery and authorises future amendments (clauses 11-12), embedding administrative control over procedural detail.
Statutory interplay and definitions
The Plan cross‑references the Fisheries Management Act 1994, the Interpretation Act 1987 and the Marine Safety Act 1998 (Definitions, clause 2). Several definitions are technical (for example codend, body of a net, unique vessel identifier) and affect compliance and eligibility.
Together, these concepts allocate rights (shares and endorsements), set operational and reporting duties, create quota entitlements via explicit allocation formulas based on historical catch and shareholdings, and vest significant decision‑making discretion in administrative actors.
Who it affects
The Plan defines multiple legal subjects and specifies who bears obligations, who may exercise rights, and which actors make regulatory decisions.
Primary affected parties
Shareholders: persons who own shares in the fishery classes listed in clause 4. Shareholders are the only persons eligible to be issued or nominate others for certain endorsements (clause 5). Minimum shareholdings are required to be eligible for endorsement (clause 6).
Endorsement holders: commercial fishers who hold endorsements on a commercial fishing licence. The Plan repeatedly frames obligations and conditions as conditions of an endorsement (for example clauses 7A(1), 10D(4), 10A, 10B), meaning endorsement holders are the primary regulated operators.
Ocean trawl fishing businesses and prawning fishing businesses: defined in clause 2, these entities must provide boat information to the Secretary (clause 10) and are the units to which some share/endorsement entitlements attach.
Boat owners, masters and operators
Owners of boats used under inshore or offshore prawn endorsements must provide detailed vessel data and a certificate of survey (clause 10). Boats are subject to a maximum measured length of 20 metres as a condition of endorsement unless the boat is an exempt boat (clause 9).
Exempt boats are a defined class (clauses 9A-9C) with documentary requirements and limits on replacement and transferability; entitlement to an exempt boat can be transferred under limited rules (clause 9B).
Administrative actors and decision makers
The Minister: determines numbers of quota shares to be issued (clause 5B(3)), may give written directions to the Secretary during the transition period that can alter required matters of regard (clause 15), and may make other decisions conferred by the Act (see clause 5E note). The Minister’s decisions trigger notification obligations under clause 5C.
The Secretary: approves bycatch reduction devices and specifications published in the Gazette (clauses 7A(1)(c), 7B(1)(g)); is required to make TAE determinations during the transition period (clause 14); issues notices and receives reports and forms; determines catch for allocation formulas under Schedule 4 (Schedule 4 cl 2); and records exempt boats based on documentation (clause 9A(2)).
TAF Committee: normally required to make TAE determinations (clause 5F) but was displaced for the transition period (clause 14).
Share Appeal Panel: hears appeals against the Minister’s allocation of quota shares (clause 5D) and has power to direct cancellation or issue of shares to give effect to its decisions (clause 5D(5)).
Other stakeholders and indirectly affected parties
Buyers and processors: reporting obligations require endorsement holders to state where they propose to land catch (clauses 10E(2)(f), 10F(1)(e)), which will affect logistics for buyers and processors.
Non‑fishing stakeholders and conservation interests: spatial closures in Schedule 2 and gear regulations (Part 4A) regulate where and how fishing occurs, shaping ecosystem impacts and local access.
Regulators and enforcement agencies: the Plan uses offences (section 65 & 68(6A) references) and administrative registers (shares subject to appeal must be registered as such, clause 5D(7)), thereby creating enforcement tasks for the Department.
Temporal and historical constraints that determine affected persons
Eligibility for quota shares is fixed by holdings at a historical date (12 noon on 28 September 2018) (clause 5B(2)). That locks in the set of persons who could receive quota shares under the allocation formula and excludes subsequent acquirers from eligibility for initial quota allocation (and offers limited appeal rights where transfers have occurred, clause 5D(2)).
Who pays
The Plan imposes compliance costs and potential penalties on endorsement holders and fishing businesses: reporting time, investment in approved bycatch reduction devices, recordkeeping and vessel survey costs (clause 10(5) references survey documentation), and the risk of monetary penalties for certain breaches (clause 10(1) states a maximum penalty of 100 penalty units for failure to provide boat information). Shareholders and quota holders face administrative and legal costs associated with allocation, appeal and potential cancellation of shares (clause 5D(5)-(6)).
In short, the Plan primarily regulates shareholders and endorsement holders, with boat owners, administrators and adjacent industry participants also consequentially affected.
Key duties and rights
This section pulls together the principal legally enforceable duties placed on regulated actors and the corresponding rights that arise under the Plan. Citations are to the Plan clauses.
Key duties (operative, recurring obligations)
Eligibility and shareholding duties: persons must hold the minimum shareholding to be eligible to be given or nominate another to be given an endorsement (clause 6(1), note). Shareholding limits (maximum 40% for non‑quota shares) constrain ownership (clause 7).
Gear and technical compliance: endorsement holders must use only permitted nets and meet detailed technical specifications for mesh size, codend type, headline length, ground chain and bycatch reduction device fitting. Bycatch reduction devices must be of a kind approved by the Secretary and fitted per specifications published in the Gazette (clauses 7A(1)(c), 7A(4)-(7), 7B(1)(g), 7C). Specific operational rules for attaching draw strings, chafing pieces and try nets are mandatory (7A(2)-(3), 7A(8)).
Spatial and temporal restrictions: prohibited areas and closures in Schedule 2 are legally binding; clause 8 declares those waters closed to specified net methods during specified times.
Boat documentation and length duties: owners of prawning fishing businesses must provide the Secretary with boat information and a certificate of survey before using a boat for prawning (clause 10(1)-(4)). Measured length must not exceed 20 m unless the boat is an exempt boat complying with the exemption documentation and display rules (clauses 9, 9A-9C).
Sorting and humane handling: prawns must be graded immediately after retrieval and unwanted portions returned to the water alive before retained portions are cooked (clause 10A).
Prohibition on injurious implements: endorsement holders must not use fish spikes, knives or clubs to pierce or injure catch except to kill/process retained fish (clause 10B).
Real‑time and catch reporting: offshore and inshore prawn endorsement holders must make daily pre‑fishing reports (clause 10D) before commencing fishing in the 24‑hour period; specified endorsement holders must make catch estimate and final catch reports for listed species with fixed timeframes (clauses 10E-10F). Failure to make required reports or to remain in possession of catch until final report constitutes an offence (e.g. 10D(4)-(5), 10E(7)-(8), 10F(6)-(7)). If the real‑time reporting system is unavailable, the endorsement holder must use an approved form and send it within the time specified (clause 10G).
Quota compliance: it is a condition of endorsements that holders must not take certain species unless they hold quota for them, e.g. silver trevally and selected flathead and whiting species (clause 5G). The Plan also notes section 40S of the Act makes it an offence for a shareholder to take fish in contravention of quota (clause 5G note).
Record and reporting accuracy: weights must be measured on accurate scales and rounded to 1 decimal place where specified for final catch reports (10E(9), 10F(8)).
Rights and entitlements
Right to receive quota shares: eligible shareholders (defined by share class held at 12 noon on 28 September 2018) are entitled to be issued quota shares where the person is an eligible shareholder in relation to that class (clause 5B(1)-(2), 5C(1)).
Right of appeal: a person issued quota shares may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued (clause 5D(1)). The appeal process places shares into a special status (shares subject to appeal) which cannot be transferred until the appeal is resolved (clause 5D(3)-(4), (7)-(8)). The Share Appeal Panel can require the Minister to cancel or issue shares to give effect to its decision and shares can be cancelled without compensation (clause 5D(5)-(6)).
Procedural transparency and notification: the Minister must notify each shareholder of the number of quota shares issued and give a written statement of rights of appeal as soon as practicable after issuing quota shares (clause 5C(2)(a)-(b)).
Administrative determinations: determinations of TACs and TAEs are formalised processes with periodicity and some delegated decision‑makers: the Minister may direct the TAF Committee or the Secretary to make fishing determinations (clause 5E note); during the transition the Secretary makes TAE determinations subject to Ministerial directions (clauses 14-15).
Interaction of duties and rights that affect behaviour
Eligibility cut‑off for quota allocations (clause 5B(2)) and the prohibition on transferring appealed shares (5D(4)) create incentives to consolidate holdings before the cut‑off date and to avoid transferring quota shares if a shareholder intends to appeal. The allocation formulas in Schedule 4 (clause 5B(4) and Schedule 4) tie quota allocations to historical catch and shareholdings, creating a direct link between past activity and entitlement.
Reporting and possession conditions (10D-10F) place operational constraints on timing of landings and transfers of product; endorsement holders must remain in physical possession until final reporting deadlines are met, which affects supply chain timing.
Gear and bycatch device approvals (7A(1)(c), 7B(1)(g)) vest practical control with the Secretary to determine which devices are permitted and under what specifications; that affects capital expenditure and retrofit decisions by operators.
Statutory enforcement tools
Contraventions of numerous clauses are expressly made offences for the purposes of specified sections of the Act (for example, clauses 10(4) and 10(1) with maximum penalty specification; many clauses state "for the purposes of section 65... contravention ... is an offence"). The Minister and Secretary hold administrative tools to issue determinations, require publications in the Gazette and to register share statuses (clause 5D(7)).
These duties and rights create a compliance architecture that spans property (shares), operating licences (endorsements), equipment standards and reporting obligations, with administrative rights of allocation and appeal set within the Plan.
Penalties and enforcement
The Plan creates both criminal (or quasi‑criminal) offence provisions and administrative consequences. The instrument frequently references enforcement under the Fisheries Management Act 1994 (the Act), invoking statutory enforcement and penalty structures of the Act.
Express offences and penalties
Clause 10(1) sets a maximum penalty for failure to provide required prawning boat information: "Maximum penalty,100 penalty units." The clause then states that contravention is an offence for the purposes of section 65 of the Act (clause 10(4)).
Multiple operational conditions are framed as conditions of endorsements; contravention of such conditions is noted to be an offence for the purposes of the Act (examples include clauses 10A, 10B, 10D(4)-(5), 10E(7)-(8), 10F(6)-(7), 5G(3)). Where the Plan says contravention "is an offence" and references section 65 or 68(6A) of the Act, the enforcement and penalty regime of the Act applies.
Administrative enforcement mechanisms
Share cancellations: under clause 5D(5) the Minister may cancel or issue shares to give effect to a decision of the Share Appeal Panel following an appeal. Clause 5D(6) expressly provides that no compensation is payable by or on behalf of the State for cancellation of shares that are subject to appeal to give effect to the Share Appeal Panel decision. Affected shareholders therefore face a risk of cancellation without compensation in appeal outcomes.
Shares subject to appeal are to be registered as such on the Share Register (clause 5D(7)), a register‑level administrative control that limits transfer and registrable dealings under clause 5D(4). That is an effective freeze on trading those shares until the appeal resolves.
The Secretary has control over approvals and specifications for bycatch reduction devices and the designation of 'school prawn grounds' and other notices via publication in the Gazette (clauses 7A(1)(c), 7A(4)(c), 7B(1)(g)). Non‑compliance with devices specified or published likely triggers enforcement under the Act because compliance with those specifications is mandated in these clauses.
Enforcement actors and legal routes
The Plan presumes enforcement through mechanisms established under the Fisheries Management Act 1994: offences can be prosecuted and penalties imposed in accordance with that Act; it also creates administrative routes (revocation/cancellation of shares, registration marks such as "subject to appeal", etc).
The Share Appeal Panel is a statutory review route for quota allocation disputes (clause 5D). The Minister and Secretary are administrative decision‑makers; the Plan permits Ministerial directions to the Secretary during the transition period (clause 15). The TAF Committee normally has a role in TAE determinations but was displaced for the transition period (clause 14).
Practical enforcement implications drawn from the Plan
Reporting non‑compliance is actionable: the Plan requires pre‑fishing reports and catch reports with precise timing; contravention of those obligations is flagged as an offence and also conditions possession/landing rights (10D(4)-(5), 10E(7)-(8), 10F(6)-(7)). That creates surveillance and prosecution pathways for late or absent reports and for unlawful removals of catch from NSW before final reporting.
Gear infractions are enforceable because specific dimensions and fittings are mandated (Part 4A). The Secretary’s approval for bycatch reduction devices also creates a regulatory chokepoint: using a device not approved, or fitting it contrary to Gazette specifications, would be a breach.
Share cancellation without compensation is an explicit administrative consequence in appeals, a significant enforcement and property‑regulatory tool (5D(5)-(6)).
Limits and ambiguities relevant to enforcement
The Plan repeatedly makes contraventions offences for the purposes of the Act but does not, beyond clause 10(1), specify monetary penalties for each contravention in this Plan text; instead it relies on the Act’s penalty structure. Enforcement outcomes therefore depend on the enforcement provisions and prosecutorial discretion under the Act, which are not reproduced in the Plan.
Many operational specifications and approvals are delegated to the Secretary via Gazette entries. Enforcement therefore depends on precise publication and communication of specifications and managing recordkeeping (for example, approved device types and specifications under clauses 7A(1)(c) and 7B(1)(g)).
Overall, the Plan combines statutory offence provisions, administrative registration controls (shares subject to appeal), and discretionary administrative powers (approvals and determinations) to effect enforcement, with some severe administrative outcomes such as cancellation of shares without compensation recorded explicitly.
How it interacts with other laws
The Plan expressly cross‑references and relies upon other statutory and regulatory instruments, delegating certain normative content to them and incorporating their definitions or standards.
Primary statutory vehicles referenced
Fisheries Management Act 1994 (the Act): The Plan is made under and intended to work through the Act. It invokes numerous sections of the Act by reference: section 57 (objectives/performance indicators and review triggers, clause 3), section 65 (offences, multiple clauses), section 67 (minimum shareholding, clause 6 note), section 68 (conditions of endorsements, clauses 9, 10A, 10D), section 71A (creation of further classes of shares which is the legal basis for quota shares, clause 5A), section 40C (delegation of fishing determinations, clause 5E note), section 40M (scientific assessment requirement that can be exempted under clause 15(2)), section 57A(5) (adoption of Supporting Plan, clause 11), section 64 (authorised amendments to the plan, clause 12), section 90(1)(e) (registration of shares subject to appeal, clause 5D(7)), and section 124A (real‑time reporting powers, Part 5A).
The Act supplies the offence framework and administrative powers that give the Plan legal bite. The Plan repeatedly marks contraventions as offences "for the purposes of" particular sections of the Act, signalling that enforcement and penalties follow the Act’s architecture.
Other regulatory instruments and standards
Fisheries Management (General) Regulation 2019: the Plan references clause 6 (prohibited size class of fish) and clause 125(3)(a) (identifying number of boat) before its repeal (definition references in clause 2). That links definitions and some technical standards to the General Regulation.
Fisheries Management (Supporting Plan) Regulation 2006: the Plan adopts the Supporting Plan as it applies to the fishery (clause 11), importing procedural provisions about appeals and administrative processes from the Supporting Plan.
Marine Safety Act 1998 and National Standard for Commercial Vessels: the Plan’s definition of certificate of survey and unique vessel identifier relies on the Marine Safety Act and the National Standard for Commercial Vessels (clause 2). This links vessel survey and measurement standards to Commonwealth or national standards and may require alignment with AMSA accreditation and national vessel measurement methodologies.
Interpretation Act 1987: clause 2 notes the Act and the Interpretation Act affect interpretation and application of the Plan, which is standard legal cross‑reference for interpretive matters.
Delegation and administrative dependency
The Plan delegates key technical and managerial judgments to the Secretary and the Minister: the Secretary approves bycatch reduction devices and may publish specifications in the Gazette (7A(1)(c), 7B(1)(g)); the Minister determines numbers of quota shares and may issue directions to the Secretary during the transition period (5B(3), 15(1)). Those delegations rely on the statutory powers afforded by the Act.
The Plan makes certain regulatory statuses contingent on publication in the Gazette (for example, designation of school prawn grounds and specifications for BRDs), meaning that administrative implementation relies on accurate and timely Gazette notices.
Interaction with property and administrative law
Allocation of quota shares (Part 3A and Schedule 4) creates property‑like entitlements that are allocated by administrative decision. Appeals are to the Share Appeal Panel, but the Plan expressly provides that cancellation to give effect to the Panel’s decision attracts no compensation (clause 5D(6)). That affects property‑law expectations and the legal remedies available to quota recipients.
The Plan creates registrable statuses (shares subject to appeal, clause 5D(7)) that affect registrable dealings and transfers, thereby interacting with the share register regime under the Act.
Temporal interaction and cut‑off dates
Several entitlements and eligibility rules are tied to specific cut‑off dates in 2018 (clause 5B(2), Schedule 4 references to 28 September 2018) and to transition periods (Part 7: 21 September 2018 to 30 June 2024). These dates interact with ownership, transfer and regulatory responsibilities and lock in historical baselines that affect current rights and obligations.
In sum, the Plan is embedded within a network of fisheries, marine safety and administrative law instruments. It relies on the Act for enforcement and on other regulations and national standards for technical definitions, while delegating operational detail to the Secretary and Minister via Gazette notices and written directions.
Amendment history
The Regulation text includes an amendment record at the head of the Appendix. The instrument provided records a sequence of amendments by citation; those are the only amendment data contained in this text. The Appendix lists the following amendment notations (verbatim):
What this record communicates from the instrument itself
The Plan has been the subject of multiple discrete amending instruments spanning 2007 through at least 2023. Each amendment notation references the year and a schedule or schedule items that were amended. Those citations are the Plan’s internal record of amendment history as of the text provided.
The Plan itself authorises future amendments under clause 12 ("For the purposes of section 64 of the Act, any amendment to this Plan is authorised"), indicating that the legal instrument is designed to be amended administratively or by legislative instrument consistent with the Act.
What the Plan does not record (in this text)
The Plan does not provide text of the amending instruments or the specific textual changes. It does not provide dates for each amending instrument beyond the year citations, nor does it summarise the subject matter of each amendment. To determine the substance and consequences of each amendment a reader must consult the amending instruments referenced by those citations and the consolidated version of the Plan.
The Plan also does not provide a full legislative history such as explanatory memoranda or second‑reading speeches. The amendment headnote is therefore a high‑level audit trail but not a source of substantive amendment content in itself.
Practical consequence for users
Practitioners and regulated parties should consult the consolidated version of the Plan and the amending instruments referenced (for example "2018 (539), Sch 4 [1]-[16]") to determine which clauses were changed and when. The amendment headnote in this instrument signals a history of iterative change, including likely additions such as quota share creation (Part 3A) and reporting regimes (Part 5A), which may have been added by amending instruments noted.
Appeals, allocation formulas and transitional arrangements (notably the 2018 cut‑off dates and the transition period to 2024) reflect later changes contained in the appendixed Plan; the presence of post‑2006 amendment citations is consistent with those additions.
In short, the text itself records multiple amendments by citation but does not reproduce their content. Users must follow those citations to the amending instruments and consolidated versions to reconstruct the full legislative evolution.
Litigation history
The Plan as provided contains no references to decided cases, judicial reviews, injunctions or litigation outcomes. It names administrative forums for dispute resolution (notably the Share Appeal Panel, clause 5D) but does not cite any court decisions.
What the Plan itself shows about remedies and dispute routes
The Plan creates an internal administrative appeal route for allocation disputes (Share Appeal Panel, clause 5D). That is an expressly administrative remedy, not a court process, and clause 5D sets outcomes the Minister must give effect to following the Panel’s decision (clause 5D(5)).
The Plan records that shares subject to appeal are registered as such on the Share Register (clause 5D(7)), and that shares cannot be transferred while subject to appeal (clause 5D(4)). That indicates an administrative freeze mechanism designed to preserve the status quo while an internal appeal is decided.
Absence of judicial authority citations
The Plan does not identify any case law. Under the developer’s instructions, do not invent case citations. There may be litigation or judicial review in the broader law or history of the fishery, but none is recorded in the Plan text provided.
Practical implication for practitioners
Because the Plan provides an administrative appeal route, parties seeking to challenge quota allocations likely must exhaust that route before pursuing judicial review (subject to the Act and broader administrative law principles not reproduced here). The Plan’s express provision that shares subject to appeal are registrable and non‑transferable during appeal creates practical constraints and reduces the utility of interlocutory judicial relief to alter registrable status without a full review of procedural powers under the Act.
If judicial review or litigation has occurred in relation to particular Plan provisions, that material will need to be sourced from public law databases, court registries or departmental records rather than from the Plan text itself.
In sum, the instrument contains no litigation history; the statutory appeal mechanism provided is administrative, and the Plan’s internal mechanisms (registering shares subject to appeal; cancellation without compensation) are principal tools for resolving disputes within the fisheries administrative regime.
Gotchas
This section flags specific, concrete traps, constraints and operational frictions embedded in the Plan text that practitioners and operators commonly stumble over. Each point is grounded in the Plan’s clauses.
Eligibility cut‑off for quota shares and appeal consequences
Eligibility for quota shares is fixed to holdings at 12 noon on 28 September 2018 (clause 5B(2)). If a person acquired relevant shares after that timestamp they are not an "eligible shareholder" for initial quota allocation. That timing is non‑negotiable in the text and affects who can receive quota shares.
If you plan to appeal your quota allocation, once the appeal is lodged the shares become "subject to appeal" and are not transferable or subject to registrable dealings until the appeal is resolved (clause 5D(3)-(4), (7)-(8)). Moreover, clause 5D(6) provides that cancellations to give effect to a Panel decision attract no compensation. The practical effect is constrained liquidity for shares subject to appeal and exposure to loss without compensation if cancellation follows an adverse decision.
Transition period and Ministerial directions
During the transition period (21 September 2018 to 30 June 2024), the Secretary, not the TAF Committee, makes TAE determinations (clause 14(1)). The Minister may direct the Secretary on matters to have regard to including exemption from scientific assessment (clause 15(2)). That means administrative decisions about allowable effort can be made absent the usual scientific assessment requirements if the Minister so directs; the Plan permits that explicitly. Users must check whether the transition period has expired or whether notices or directions were issued during it.
Reporting timing and possession restrictions
Pre‑fishing reports must be made before commencing fishing in the 24‑hour period and the Plan defines "commences taking fish" as when aboard and first placing any part of an otter trawl or try net in the water (10D(2)-(3)). The timing is operationally precise and can be litigated.
For many species, endorsement holders must remain in possession of the catch until the final catch report has been made (10E(7), 10F(6)). That creates supply chain timing constraints for sales and transport and could expose a seller to offence liability if catch is moved before final report deadlines.
Technical gear detail and BRD approvals
Gear specifications are highly technical: certain codend types are restricted by mesh sizes, lengths and materials (7A(5)-(7)), sweeps, ground chain links and headline lengths are specified in tables, and some gear is permissible only for specified endorsements or designated grounds (7A(4), 7A Table, 7B Table). Bycatch reduction devices (BRDs) must be "of a kind approved by the Secretary" and fitted in accordance with Gazette specifications (7A(1)(c), 7B(1)(g)). Failure to fit an approved BRD or fitting it contrary to the Gazette is non‑compliant although the Plan does not list every approved device; operators must check Secretary approvals and Gazette notices.
Exempt boat rules and documentation
Exempt boats from the 20 m maximum length are tightly conditioned: boats that previously had an "OT" exemption code on a fishing boat licence are only exempt if the owner provides specified identifying information to the Secretary within the "relevant period" (clause 9A(1)-(3)). Replacement and new exempt boats are prohibited after three years from commencement of clause 9C unless the Secretary extends the period (clause 9C(1)-(3)). The Secretary can require evidence of legitimate entitlement transfers (clause 9C(4)(b)(iv)). These timing and documentary obligations can create unexpected disqualification of exemptions if not complied with in time.
Bag limits differ by endorsement class and species
Schedule 3 sets species‑specific daily and possession limits and ties them to particular endorsement classes. For example, blue swimmer crab is 25 kg for inshore/offshore prawn and fish northern zone endorsement holders, but 0 kg for deepwater prawn endorsement holders (Schedule 3). That means the allowed possession can vary depending on which endorsement you hold even for the same species and waters. Misunderstanding which endorsement applies to a person can lead to alleged possession offences.
Shares and minimum/maximum shareholding constraints
Minimum shareholding requirements must all be components of the same ocean trawl fishing business (clause 6(7)). This detail can surprise owners who hold shares across multiple business structures; they cannot aggregate across separate businesses to meet the minimum.
The maximum shareholding rule (40% of total non‑quota shares at commencement) is fixed to the fishery at commencement (clause 7), so the percentage is anchored to the initial denominator and not varied by later share issuance unless amended.
Reporting system failures
If the real‑time reporting system malfunctions the Plan requires completion of a form approved by the Secretary and its submission within the time specified (clause 10G). Operators must know the fallback form and timing; merely citing system unavailability is not sufficient.
Catch weight rounding
Weight reporting must be to 1 decimal place and on accurate scales where specified (10E(9), 10F(8)). That is relevant for audit and prosecution; poor scales or rounding practices can create noncompliance.
Quota use and species restrictions
Clause 5G makes it a condition of endorsements that certain species (silver trevally, tiger flathead, bluespotted flathead, eastern school whiting, stout whiting) cannot be taken unless quota is held for that species. This imposes a hard constraint on fishing activities that can be overlooked when fishing for multiple species.
Administrative dependency on Gazette and Secretary approvals
Multiple operational permissions hinge on Secretary notices published in the Gazette (for example school prawn grounds, BRD specs), meaning that the practical rules are split between statutory text and administrative notices. Operators must actively monitor Gazette publications and Secretary communications.
These are concrete operational risks and compliance pitfalls arising directly from the Plan’s clauses; practitioners should map these against their business operations, recordkeeping and timing practices.
How to comply
This section provides concrete, clause‑based compliance steps and practical recordkeeping and operational measures drawn from the Plan. It is not legal advice but a checklist for practitioners to align operations with the Plan’s obligations.
Confirm share and endorsement entitlements
Verify shareholdings against the minimums in clause 6 for the endorsement you or your client wishes to hold (inshore/offshore prawn 50 shares; deepwater prawn 25; fish northern zone 50).
Check that your shares form part of the same ocean trawl fishing business to meet the minimum shareholding requirement (clause 6(7)).
Confirm the total non‑quota share percentage exposure against the maximum 40% rule for non‑quota shares at commencement in clause 7.
For quota shares and appeals
If you claim entitlement to quota shares, confirm that you were an eligible shareholder at 12 noon on 28 September 2018 (clause 5B(2)) and that your share class is listed for the relevant quota (clause 5B table).
Prepare to receive and review the Minister’s determination and the written notice and appeal rights the Minister must give post‑issuance (clause 5C(2)(a)-(b)).
If you intend to appeal, do not transfer the quota shares you wish to challenge because clause 5D(4) expressly prohibits transfer of shares subject to appeal. Register appeals promptly and be prepared for shares to be recorded on the Share Register as "subject to appeal" (5D(3), (7)).
Understand that the Minister may cancel shares without compensation to give effect to an Appeal Panel decision (clause 5D(6)).
Vessel documentation and length compliance
Ensure every vessel used for prawning has a current certificate of survey as defined (clause 2 and clause 10(5)), or a surveyor‑prepared document specifying measured length, moulded depth and breadth if an official survey is absent.
Measure vessel length per the most recent certificate of survey and confirm it does not exceed the 20 m maximum in clause 9 unless the boat is an exempt boat under clause 9A. If claiming exemption, provide the Secretary with the boat name, identifying number, unique vessel identifier and the certificate of survey within the relevant period (clause 9A(2)). If relying on a transferred entitlement to an exempt boat, retain evidence of that transfer as required by clause 9C(4)(b)(iv).
Gear specifications and bycatch reduction devices
Fit only gear that complies with the specific net descriptions and limitations in clauses 7A-7C and the associated Tables. Relevant items include mesh sizes, codend construction, headline lengths, sweeps and allowable ground chain specifications (7A Table; 7B Table; 7C Table).
Fit bycatch reduction devices only if they are of a kind approved by the Secretary and fitted in accordance with the specifications published in the Gazette (7A(1)(c), 7B(1)(g)). Maintain records of which device is fitted and the Gazette notice that approved it.
Operational handling and humane treatment
Immediately grade prawns after retrieval and return the unwanted portion of the catch to the water alive as soon as practicable and before cooking retained catch (clause 10A).
Do not use fish spikes, knives or clubs to pierce, impale or injure bycatch; use knives or similar implements only to kill or process fish that will be retained (clause 10B). Keep a log that records the handling of bycatch as part of an operations diary.
Real‑time reporting and catch reports
For each 24‑hour period you intend to fish under an offshore or inshore prawn endorsement, lodge a pre‑fishing report before commencing fishing that day and include the data required (clause 10D(1)-(3)). Record the precise time of "commencement" as defined (first placement of any part of an otter trawl or try net in the water).
For specified species (tiger flathead, bluespotted flathead, eastern school whiting, stout whiting , clause 10E(10) defines relevant species; silver trevally is separately captured in clause 10F), lodge a catch estimate report and a final catch report within the timing windows required (clause 10E(3)-(5); 10F(2)-(4)). Use accurate scales and round to 1 decimal place for weights (10E(9), 10F(8)).
Remain in possession of the catch until the final catch report has been made where required (10E(7), 10F(6)).
If the real‑time reporting system is unavailable, complete the Secretary‑approved form and return it within the time required under clause 10G. Keep copies of forms and transmission confirmations.
Spatial closures and bag limits
Familiarise yourself with Schedule 2 and ensure operations avoid closed waters during specified times and for specific net types (clause 8 and Schedule 2). Chart these on navigation systems and publish notices to masters and skippers.
Apply the species‑ and endorsement‑specific bag and possession limits in Schedule 3 (clause 10C). Maintain catch logs that reconcile daily landings to reported weights and endorsement status.
Compliance recordkeeping and audit readiness
Keep accurate and contemporaneous records of: vessel certificates of survey, unique vessel identifier and identifying numbers; gear specifications (photos, serial numbers of BRDs); pre‑fishing reports and timestamps; catch estimate and final catch reports with scale calibrations; transfer documents for shares/entitlements; and notices of Secretary approvals or Gazette publications relied upon.
Log instances of equipment failures, system outages and the forms sent under clause 10G to demonstrate reliance on prescribed fallback processes.
Administrative processes and internal governance
If participating in quota or share transactions, consult the Share Register and confirm whether shares are subject to appeal (clause 5D(7)).
For corporate or trust structures, ensure shareholdings are correctly attributed to the same "ocean trawl fishing business" if relying on combined holdings to meet minimum shareholdings (clause 6(7)).
For any dispute about allocation, lodge appeals to the Share Appeal Panel within applicable deadlines (clause 5D) and freeze any intended transfers until appeal outcomes are known.
Monitor administrative instruments and ministerial directions
Because the Secretary and Minister publish specifications and can direct determinations (clause 15(1)-(6)), regularly monitor Gazette notices, departmental directives and public announcements for changes to BRD approvals, designated grounds, and TAE/TAC determinations.
During the transition period (which in the Plan runs to 30 June 2024, clause 13), confirm whether TAE determinations are being made by the Secretary and whether any Ministerial directions have been issued that affect the assessment framework (clause 14-15).
Operational checklist summary (immediate actions)
Confirm endorsement and share eligibility.
Secure and validate vessel survey documentation and unique identifiers.
Inspect and document nets and BRDs against Secretary approvals and Gazette specifications.
Implement robust reporting workflows to meet pre‑fishing, catch estimate and final reporting windows.
Implement possession controls to ensure catch remains onboard until final reporting requirements are satisfied.
Maintain an up‑to‑date register of shares and avoid transferring shares that are subject to appeal.
Following these concrete steps, tracked to the clauses cited, will materially reduce legal risk under the Plan and make regulatory compliance auditable.
(ii) specifies the measured length of the boat determined in accordance with the National Standard for Commercial Vessels.
codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.
endorsement means an endorsement on a commercial fishing licence that authorises the taking of fish in the fishery.
endorsement holder means a person who holds a commercial fishing licence that has an endorsement.
exempt boat means a boat exempt from the maximum boat length under clause 9A or 9C.
fishery means the ocean trawl fishery (as described in Schedule 1 to the Act).
identifying number of a boat means the identifier issued by the Secretary for the boat under the Fisheries Management (General) Regulation 2019, clause 125(3)(a), before its repeal.
inshore waters has the meaning given by Schedule 1 to the Act.
ocean trawl fishing business means a fishing business the components of which include shares in the fishery.
ocean waters has the meaning given by Schedule 1 to the Act.
offshore waters has the meaning given by Schedule 1 to the Act.
prohibited size class of fish means any species of fish referred to in the Fisheries Management (General) Regulation 2019, clause 6.
quota share—see clause 5A.
relevant fishing boat licence—see clause 9A(1).
Supporting Plan means the Fisheries Management Supporting Plan as set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.
the Act means the Fisheries Management Act 1994.
unique vessel identifier for a boat means the vessel identifier issued for the boat by the Australian Maritime Safety Authority under the National Standard for Commercial Vessels.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
(2) In this Plan, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
(3) Notes used in this Plan do not form part of the Plan.
Part 2 Objectives of Plan
Part 2 Objectives of Plan
Part 2 Objectives of Plan
3 Objectives, performance indicators and triggers for review
3 Objectives, performance indicators and triggers for review
3 Objectives, performance indicators and triggers for review
(1) The objectives of this Plan are set out in Column 1 of the Table to this clause.
(2) For the purposes of section 57 (2) (a) of the Act, the performance indicator in relation to each objective of this Plan is set out in Column 2 of the Table to this clause next to the objective concerned.
(3) For the purposes of section 57 (2) (b) of the Act, a review of this Plan is required in the circumstances provided for in Column 3 of the Table to this clause next to the objective and performance indicator concerned.
(4) In the Table—
key secondary species means a species of fish listed as a key secondary species of fish in Table 2 to Schedule 1.
primary species means a species of fish listed as a primary species of fish in Table 1 to Schedule 1.
secondary species means a species of fish that are retained in the fishery but which is not a primary species or a key secondary species.
Table
| Column 1 | Column 2 | Column 3 |
| Objective | Performance indicator | Trigger for review |
| 1 | Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to managing the impacts of the fishery on the environment and to ensuring ecologically sustainable development | Reduction in the estimated quantity of the ocean trawl catch (by method) which is discarded | The Secretary is satisfied that the estimated quantity of discards for any observed method increases between consecutive observer surveys |
| | | No new primary species or key secondary species with an exploitation status is changed to “overfished” or “recruitment overfished” by the Department | On the basis of resource assessment frameworks approved by the Secretary, the exploitation status of a primary species or key secondary species is changed to “overfished” or “recruitment overfished” by the Department |
| | | Total annual landings of all secondary species taken by the sector using an otter trawl net (prawns) or by the sector using an otter trawl net (fish) and a danish seine trawl net (fish), as a percentage of the total annual landings taken by those sectors remains at 5% or less | The Secretary is satisfied that the contribution of secondary species to total annual landings in the sector using an otter trawl net (prawns) or in the sector using an otter trawl net (fish) and a danish seine trawl net (fish), exceeds 5% in any 2 consecutive years |
| | | No interactions between the fishery and any threatened species, population or ecological community that are likely to threaten the survival of a species, population or ecological community | Any interaction between the fishery and any threatened species, population or ecological community reported by endorsement holders in the fishery or observed during an observer survey that is likely to threaten the survival of a threatened species, population or ecological community, as determined by the Secretary on advice from relevant experts |
| | | No interactions between the fishery and protected fish that are likely to threaten the survival of protected fish | On a biennial review undertaken by the Department of interactions between the fishery and protected fish reported by endorsement holders in the fishery or observed during an observer survey, the Secretary, on advice from relevant experts, determines that the level of these reported interactions is likely to threaten the survival of the protected fish |
| 2 | Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to promoting viable commercial fishing | There are net returns to the fishery | The Secretary is satisfied that the gross value of production of the fishery has not exceeded the sum of indicative industry operational costs and government management costs relevant to the fishery for 3 consecutive years |
Part 3 Description of fishery
Part 3 Description of fishery
Part 3 Description of fishery
Note—
The ocean trawl fishery, as described in Schedule 1 to the Act, consists of the following—
(a) the use of an otter trawl net (prawns) to take fish from any of the following waters—
(i) inshore waters,
(ii) offshore waters,
(iii) the waters of Coffs Harbour,
(b) the use of an otter trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland (other than any waters in which use of an otter trawl net (fish) is prohibited under the regulations),
(c) the use of a danish seine trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland.
4 Classes of share
4 Classes of share
4 Classes of share
The following classes of shares are available in the fishery—
The classes of shares referred to in paragraphs (a)–(d) correspond to the types of endorsements available in the fishery.
The shares referred to in paragraphs (e)–(j) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
5 Types of endorsement
5 Types of endorsement
5 Types of endorsement
(1) There are 4 types of endorsement available in the fishery, as follows—
(a) Inshore prawn endorsement,
(b) Offshore prawn endorsement,
(c) Deepwater prawn endorsement,
(d) Fish northern zone endorsement.
(2) Inshore prawn endorsement An inshore prawn endorsement authorises the holder to take fish using an otter trawl net (prawns) from inshore waters, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).
(3) Only shareholders who hold ocean trawl—inshore prawn shares are eligible to be given, or to nominate a person to be given, an inshore prawn endorsement.
(4) Offshore prawn endorsement An offshore prawn endorsement authorises the holder to take fish using an otter trawl net (prawns) from offshore waters that are west of the 280 metre (150 fathom) depth contour, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).
(5) Only shareholders who hold ocean trawl—offshore prawn shares are eligible to be given, or to nominate a person to be given, an offshore prawn endorsement.
(6) Deepwater prawn endorsement A deepwater prawn endorsement authorises the holder to take fish using an otter trawl net (prawns) from offshore waters that are east of the 280 metre (150 fathom) depth contour, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).
(7) Only shareholders who hold ocean trawl—deepwater prawn shares are eligible to be given, or to nominate a person to be given, a deepwater prawn endorsement.
(8) Fish northern zone endorsement A fish northern zone endorsement authorises the holder to take fish using an otter trawl net (fish) or a danish seine trawl net (fish) from ocean waters that are north of a line drawn due east from Barrenjoey Headland (latitude 33°35′ south).
(9) Only shareholders who hold ocean trawl—fish northern zone shares are eligible to be given, or to nominate a person to be given, a fish northern zone endorsement.
Note—
Schedule 2 prohibits the use of otter trawl net (fish) and danish seine trawl net (fish) in the waters north of a line drawn due east from the lighthouse at Smoky Cape (see clause 8).
Part 3A Quota management
Part 3A Quota management
Part 3A Quota management
5A New classes of shares
5A New classes of shares
5A New classes of shares
(1) The following classes of shares are available in the fishery—
(2) These shares are created as further classes of shares under section 71A of the Act and are referred to in this Plan as quota shares.
5B Allocation of quota shares
5B Allocation of quota shares
5B Allocation of quota shares
(1) A person is eligible to be issued with the quota shares specified in Column 1 of the Table to this clause if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 if, at 12 noon on 28 September 2018, the person holds shares of a class specified opposite in Column 2.
(3) The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.
(4) The determination is to be made on the basis of the allocation formula set out in Schedule 4.