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Rural and Regional Adjustment Regulation 2011
sch.58-sec.30Eligibility criteria
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### sch.58-sec.30 Eligibility criteria
An applicant is eligible for assistance under this part of the scheme if—
the applicant—
held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023—
‘N1’, ‘N2’, ‘N4’, ‘N10’;
‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;
‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and
has taken at least 1kg of hammerhead shark—
from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and
during the period starting on 1 September 2021 and ending on 30 June 2023; and
recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and
is not eligible for assistance under—
this scheme, other than under this part; or
part 4 of the scheme set out in schedule 57 ; or
the applicant—
leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) 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 taken at least 1kg of hammerhead shark—
from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and
during the period starting on 1 September 2021 and ending on 30 June 2023; and
recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and
is not eligible for assistance under—
this scheme, other than under this part; or
part 4 of the scheme set out in schedule 57 .
Also, an applicant is eligible for assistance under this part of the scheme if—
the applicant is eligible for assistance under subsection (1) (a) ; 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.
(sch.58-sec.30-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant— held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— ‘N1’, ‘N2’, ‘N4’, ‘N10’; ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and has taken at least 1kg of hammerhead shark— from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and during the period starting on 1 September 2021 and ending on 30 June 2023; and recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and is not eligible for assistance under— this scheme, other than under this part; or part 4 of the scheme set out in schedule 57 ; or the applicant— leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) 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 taken at least 1kg of hammerhead shark— from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and during the period starting on 1 September 2021 and ending on 30 June 2023; and recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and is not eligible for assistance under— this scheme, other than under this part; or part 4 of the scheme set out in schedule 57 .
(sch.58-sec.30-ssec.2) Also, an applicant is eligible for assistance under this part of the scheme if— the applicant is eligible for assistance under subsection (1) (a) ; 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.58-sec.30-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.58-sec.30-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry.
- (a) the applicant— (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’; (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and (ii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and (iii) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and (iv) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 ; or
- (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’; (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and
- (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’;
- (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;
- (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and
- (ii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and
- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (iii) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and
- (iv) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 ; or
- (A) this scheme, other than under this part; or
- (B) part 4 of the scheme set out in schedule 57 ; or
- (b) the applicant— (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) 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 taken at least 1kg of hammerhead shark— (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and (iv) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and (v) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 .
- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) 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 taken at least 1kg of hammerhead shark— (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and
- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (iv) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and
- (v) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 .
- (A) this scheme, other than under this part; or
- (B) part 4 of the scheme set out in schedule 57 .
- (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’; (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and
- (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’;
- (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;
- (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and
- (ii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and
- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (iii) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and
- (iv) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 ; or
- (A) this scheme, other than under this part; or
- (B) part 4 of the scheme set out in schedule 57 ; or
- (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’;
- (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;
- (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and
- (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and
- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (A) this scheme, other than under this part; or
- (B) part 4 of the scheme set out in schedule 57 ; or
- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) 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 taken at least 1kg of hammerhead shark— (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and
- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (iv) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and
- (v) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 .
- (A) this scheme, other than under this part; or
- (B) part 4 of the scheme set out in schedule 57 .
- (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and
- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and
- (A) this scheme, other than under this part; or
- (B) part 4 of the scheme set out in schedule 57 .
- (a) the applicant is eligible for assistance under subsection (1) (a) ; 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.