sch.2-sec.7Eligibility criteria

### sch.2-sec.7 Eligibility criteria For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied— the applicant is a primary producer; and if the applicant’s primary production enterprise involves wild-catch fishing— a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and either— the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or the enterprise is an individual disaster stricken enterprise as a result of the disaster; and if paragraph (b) does not apply to the primary production enterprise— the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and either— the property is in the defined disaster area for the disaster; or the enterprise is an individual disaster stricken enterprise as a result of the disaster; and if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and The applicant had adequate insurance against loss or damage from the disaster. the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and the primary production enterprise will be viable with the assistance given; and the applicant has not taken excessive risks in carrying on the primary production enterprise. For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1) (b) (ii) (B) or (1) (c) (ii) (B) , the authority must have regard to— the IDSP certificate, if any, issued for the enterprise; or if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal. sch 2 s 7 amd 2013 SL No. 19 s 6 ; 2018 SL No. 172 s 8 (sch.2-sec.7-ssec.1) For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied— the applicant is a primary producer; and if the applicant’s primary production enterprise involves wild-catch fishing— a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and either— the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or the enterprise is an individual disaster stricken enterprise as a result of the disaster; and if paragraph (b) does not apply to the primary production enterprise— the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and either— the property is in the defined disaster area for the disaster; or the enterprise is an individual disaster stricken enterprise as a result of the disaster; and if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and The applicant had adequate insurance against loss or damage from the disaster. the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and the primary production enterprise will be viable with the assistance given; and the applicant has not taken excessive risks in carrying on the primary production enterprise. (sch.2-sec.7-ssec.2) For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1) (b) (ii) (B) or (1) (c) (ii) (B) , the authority must have regard to— the IDSP certificate, if any, issued for the enterprise; or if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal. - (a) the applicant is a primary producer; and - (b) if the applicant’s primary production enterprise involves wild-catch fishing— (i) a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and (ii) either— (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (i) a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and - (ii) either— (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or - (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (c) if paragraph (b) does not apply to the primary production enterprise— (i) the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and (ii) either— (A) the property is in the defined disaster area for the disaster; or (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (i) the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and - (ii) either— (A) the property is in the defined disaster area for the disaster; or (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (A) the property is in the defined disaster area for the disaster; or - (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (d) if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and - (e) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and Example for paragraph (e) — The applicant had adequate insurance against loss or damage from the disaster. - (f) the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and - (g) the primary production enterprise will be viable with the assistance given; and - (h) the applicant has not taken excessive risks in carrying on the primary production enterprise. - (i) a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and - (ii) either— (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or - (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or - (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (i) the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and - (ii) either— (A) the property is in the defined disaster area for the disaster; or (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (A) the property is in the defined disaster area for the disaster; or - (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (A) the property is in the defined disaster area for the disaster; or - (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and - (a) the IDSP certificate, if any, issued for the enterprise; or - (b) if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.