sch.40-sec.9Eligibility criteria

### sch.40-sec.9 Eligibility criteria An applicant is eligible to receive assistance under the scheme if the authority is satisfied— 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 applicant’s primary production enterprise; and the applicant has identified in the resilience plan an eligible project or eligible recovery activity to be completed with the assistance provided under the scheme; and the applicant can service the loan; and the applicant’s primary production enterprise is commercially viable or demonstrates sound prospects for commercial viability. However, the 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 the applicant or the interested person received DRAS funding for the invoice. 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 40 s 9 ins 2022 SL No. 15 s 7 amd 2025 SL No. 138 s 10 (sch.40-sec.9-ssec.1) An applicant is eligible to receive assistance under the scheme if the authority is satisfied— 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 applicant’s primary production enterprise; and the applicant has identified in the resilience plan an eligible project or eligible recovery activity to be completed with the assistance provided under the scheme; and the applicant can service the loan; and the applicant’s primary production enterprise is commercially viable or demonstrates sound prospects for commercial viability. (sch.40-sec.9-ssec.2) However, the 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 the applicant or the interested person received DRAS funding for the invoice. (sch.40-sec.9-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 applicant’s primary production enterprise; and - (e) the applicant has identified in the resilience plan an eligible project or eligible recovery activity to be completed with the assistance provided under the scheme; and - (f) the applicant can service the loan; and - (g) the applicant’s primary production enterprise is commercially viable or demonstrates sound prospects for commercial viability. - (a) 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 - (b) the applicant or the interested person received DRAS funding for the invoice. - (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.