sch.57-sec.36Eligibility criteria

### sch.57-sec.36 Eligibility criteria An applicant is eligible for assistance under this division of the scheme if— the applicant— held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and has a catch history in a commercial fishery in the Great Barrier Reef region; or the applicant— held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and has a catch history in a commercial fishery in management region 1; or the applicant— leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in the Great Barrier Reef region; or the applicant— leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in management region 1. Also, an applicant is eligible for assistance under this division of the scheme if— the applicant is eligible for assistance under subsection (1) (a) or (b) ; and the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023. However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry. In this section— management region 1 means the east coast inshore management region 1 under the Fisheries (Commercial Fisheries) Regulation 2019 . sch 57 s 36 ins 2023 SL No. 194 s 45 amd 2024 SL No. 13 s 9 (sch.57-sec.36-ssec.1) An applicant is eligible for assistance under this division of the scheme if— the applicant— held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and has a catch history in a commercial fishery in the Great Barrier Reef region; or the applicant— held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and has a catch history in a commercial fishery in management region 1; or the applicant— leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in the Great Barrier Reef region; or the applicant— leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in management region 1. (sch.57-sec.36-ssec.2) Also, an applicant is eligible for assistance under this division of the scheme if— the applicant is eligible for assistance under subsection (1) (a) or (b) ; and the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate (sch.57-sec.36-ssec.3) For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023. (sch.57-sec.36-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry. (sch.57-sec.36-ssec.5) In this section— management region 1 means the east coast inshore management region 1 under the Fisheries (Commercial Fisheries) Regulation 2019 . - (a) the applicant— (i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or - (i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or - (b) the applicant— (i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) has a catch history in a commercial fishery in management region 1; or - (i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) has a catch history in a commercial fishery in management region 1; or - (c) the applicant— (i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or - (i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) provides evidence of the lease mentioned in subparagraph (i) ; and - (iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or - (d) the applicant— (i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) has a catch history in a commercial fishery in management region 1. - (i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) provides evidence of the lease mentioned in subparagraph (i) ; and - (iii) has a catch history in a commercial fishery in management region 1. - (i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or - (i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) has a catch history in a commercial fishery in management region 1; or - (i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) provides evidence of the lease mentioned in subparagraph (i) ; and - (iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or - (i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and - (ii) provides evidence of the lease mentioned in subparagraph (i) ; and - (iii) has a catch history in a commercial fishery in management region 1. - (a) the applicant is eligible for assistance under subsection (1) (a) or (b) ; and - (b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and - (c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and - (d) the applicant provides evidence of the special circumstance. - (a) illness of the applicant or 1 or more of the applicant’s dependants; and - (b) natural disaster; and - (c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023. - (a) refitting a boat; or - (b) fishing in another fishery; or - (c) working in another industry.