sch.39-sec.7Eligibility criteria

### sch.39-sec.7 Eligibility criteria To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant has given a resilience plan to the authority for the primary production enterprise; and the applicant has identified in the resilience plan an eligible project to be completed with the assistance provided under the scheme. However, an applicant is not eligible to receive assistance under the scheme if— the applicant or an interested person for the primary production enterprise— has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and has received DRAS funding for the invoice; or the applicant has received assistance under the scheme for the same, or a substantially similar, eligible project. In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department. interested person , for a primary production enterprise, means— if the primary production enterprise is carried on by a sole trader—the sole trader; or if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust. sch 39 s 7 ins 2021 SL No. 160 s 4 amd 2022 SL No. 15 s 6 ; 2025 SL No. 138 s 9 (sch.39-sec.7-ssec.1) To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant has given a resilience plan to the authority for the primary production enterprise; and the applicant has identified in the resilience plan an eligible project to be completed with the assistance provided under the scheme. (sch.39-sec.7-ssec.2) However, an applicant is not eligible to receive assistance under the scheme if— the applicant or an interested person for the primary production enterprise— has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and has received DRAS funding for the invoice; or the applicant has received assistance under the scheme for the same, or a substantially similar, eligible project. (sch.39-sec.7-ssec.3) In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department. interested person , for a primary production enterprise, means— if the primary production enterprise is carried on by a sole trader—the sole trader; or if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust. - (a) the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and - (b) the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and - (c) an interested person for the primary production enterprise is a primary producer; and - (d) the applicant has given a resilience plan to the authority for the primary production enterprise; and - (e) the applicant has identified in the resilience plan an eligible project to be completed with the assistance provided under the scheme. - (a) the applicant or an interested person for the primary production enterprise— (i) has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and (ii) has received DRAS funding for the invoice; or - (i) has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and - (ii) has received DRAS funding for the invoice; or - (b) the applicant has received assistance under the scheme for the same, or a substantially similar, eligible project. - (i) has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and - (ii) has received DRAS funding for the invoice; or - (a) a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or - (b) a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department. - (a) if the primary production enterprise is carried on by a sole trader—the sole trader; or - (b) if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.