sch.45-sec.11Eligibility criteria—berthing expenses grant

### sch.45-sec.11 Eligibility criteria—berthing expenses grant An applicant for a berthing expenses grant is eligible to receive financial assistance under the scheme if— the applicant is the owner of an eligible business; and the authority is satisfied of the matters mentioned in subsection (2) . For subsection (1) (b) , the matters are— immediately before 1 July 2022, the eligible business was renting a berth located within the eligible area for use by an eligible vessel (the usual berth ); and on or after 1 July 2022, the eligible vessel became unable to use, and can no longer use, the usual berth because— the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and for the eligible business to provide tourism services in the eligible area, it has been necessary for the eligible business to rent another berth (an alternative berth ) at a relevant commercial marina for use by the eligible vessel; and the applicant has received and paid a tax invoice for eligible berthing expenses for use of the alternative berth by the eligible vessel. sch 45 s 11 ins 2022 SL No. 137 s 6 (sch.45-sec.11-ssec.1) An applicant for a berthing expenses grant is eligible to receive financial assistance under the scheme if— the applicant is the owner of an eligible business; and the authority is satisfied of the matters mentioned in subsection (2) . (sch.45-sec.11-ssec.2) For subsection (1) (b) , the matters are— immediately before 1 July 2022, the eligible business was renting a berth located within the eligible area for use by an eligible vessel (the usual berth ); and on or after 1 July 2022, the eligible vessel became unable to use, and can no longer use, the usual berth because— the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and for the eligible business to provide tourism services in the eligible area, it has been necessary for the eligible business to rent another berth (an alternative berth ) at a relevant commercial marina for use by the eligible vessel; and the applicant has received and paid a tax invoice for eligible berthing expenses for use of the alternative berth by the eligible vessel. - (a) the applicant is the owner of an eligible business; and - (b) the authority is satisfied of the matters mentioned in subsection (2) . - (a) immediately before 1 July 2022, the eligible business was renting a berth located within the eligible area for use by an eligible vessel (the usual berth ); and - (b) on or after 1 July 2022, the eligible vessel became unable to use, and can no longer use, the usual berth because— (i) the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or (ii) the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and - (i) the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or - (ii) the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and - (c) for the eligible business to provide tourism services in the eligible area, it has been necessary for the eligible business to rent another berth (an alternative berth ) at a relevant commercial marina for use by the eligible vessel; and - (d) the applicant has received and paid a tax invoice for eligible berthing expenses for use of the alternative berth by the eligible vessel. - (i) the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or - (ii) the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and