99BRight of certain persons holding abalone quotas to transfer to new deed of agreement

### 99B Right of certain persons holding abalone quotas to transfer to new deed of agreement > [*\[Section 99B Inserted by No. 14 of 2005, s. 5, Applied:06 May 2005\]*](/view/html/inforce/2005-05-06/act-2005-014#GS5@EN) > > > (1)  A person who is entitled to an abalone quota unit, under an abalone deed of agreement in force immediately before the commencement of the [Living Marine Resources Management Amendment Act 2005](/view/html/inforce/2026-04-12/act-2005-014) , may, by notice in writing given to the Secretary on or before 1 November 2005, elect that the deed of agreement set out in [Schedule 3](#JS3@EN) is to apply to him or her in respect of that abalone quota unit. > > > (2)  On an election under this section, the following provisions apply in respect of the relevant abalone quota unit: > > > > > > (a) the person making the election is taken for all legal purposes to have entered into the deed of agreement set out in [Schedule 3](#JS3@EN) and to have been granted a licence under this Act to take abalone in accordance with the provisions of the deed; > > > > > > > (b) the licensee has all the rights and obligations arising from that deed of agreement; > > > > > > > (c) those rights and obligations continue with modifications the rights and obligations that the licensee had under any previous deed of agreement and the latter rights and obligations cease to have effect. > > > (3)  Nothing in this section affects – > > > > > > (a) any civil liability of a licensee that was not discharged before the election under [subsection (1)](#GS99B@Gs1@EN) ; or > > > > > > > (b) any criminal liability of a licensee arising from any failure to comply with any previous deed of agreement or any requirement of this Act. > > > (4)  On an election under [subsection (1)](#GS99B@Gs1@EN) , the licensee is liable with effect from 1 January 2005 to pay – > > > > > > (a) the access charge provided by clause 5.1 of the deed of agreement set out in [Schedule 3](#JS3@EN) ; and > > > > > > > (b) any fees payable under clause 5.2 of that deed.