These regulations are the Fisheries (Transitional Provisions) Regulations (No 2) 2001.

These regulations come into force on 1 October 2001.

(1) Regulations 6 to 9 apply during the period beginning on the date of commencement of these regulations and ending with the close of 1 October 2002.

(2) Regulations 10 to 13 apply during the period beginning on the date of commencement of these regulations and ending with the close of 30 September 2002, except as otherwise provided in regulation 13(2).

(1) These regulations (other than regulations 10 to 13) expire at the close of 1 October 2002.

(2) Regulations 10 to 13 expire at the close of 30 September 2002.

In these regulations, unless the context otherwise requires,—

Regulations 7 to 9 have effect in place of section 350 of the 1996 Act during the application period.

(1) During the period beginning on the day after the date specified in subclause (2)(b) and ending with the close of 30 September 2002, a party to a mortgage over quota may, by application in the approved form accompanied by the prescribed fee (if any), apply to have the mortgage registered in the Quota Register on 1 October 2002 under sections 136 to 146 of the 1996 Act.

(2) For the purposes of subclause (1), the chief executive must, by notice in the Gazette, specify—

• (a) a person or class of persons to whom, and a place or places at which, applications may be made; and

• (b) a date, which must be not less than 3 months before 1 October 2002, after which parties to mortgages may make applications for registration.

For the purposes of section 136(3) and (4) of the 1996 Act, the number of quota shares to be charged at the date and time of registration of the mortgage must be calculated as follows:

• (a) if the mortgage purports to charge all quota of a stock owned by the mortgagor, the mortgage registered charges the number of quota shares of that stock owned by the mortgagor at the date and time of registration of the mortgage under the 1996 Act that are not subject to any caveat or other mortgage registered under the 1996 Act:

• (b) if the mortgage purports to charge a specified number of quota shares for a stock,—

  • (i) if, at the time of registration, the number of quota shares owned by the mortgagor that are not subject to any caveat or other mortgage registered under the 1996 Act, is equal to or greater than the number of quota shares specified, the mortgage registered charges that specified number of quota shares:

  • (ii) if, at the time of registration, the number of quota shares owned by the mortgagor that are not subject to any caveat or other mortgage registered under the 1996 Act, is less than the number of quota shares specified, the mortgage registered charges that lesser number of shares:

• (c) if the mortgage purports to charge a specified amount of quota for a stock (expressed in kilograms or whole oyster numbers), the chief executive must ascertain the number of quota shares that is the quota weight equivalent to that amount of quota at the time of registration of the mortgage under the 1996 Act, and—

  • (i) if, at the time of registration, the number of quota shares owned by the mortgagor that are not subject to any caveat or other mortgage registered under the 1996 Act, is equal to or greater than the number of quota shares ascertained by the chief executive under this paragraph, the mortgage registered charges that number of quota shares ascertained by the chief executive:

  • (ii) if, at the time of registration, the number of quota shares owned by the mortgagor that are not subject to any caveat or mortgage registered under the 1996 Act, is less than the number of quota shares ascertained by the chief executive under this paragraph, the mortgage registered charges that lesser number of shares.

(1) The chief executive must, on 1 October 2002, register in the Quota Register the mortgages in respect of which applications have been made in accordance with these regulations.

(2) Despite section 158 of the 1996 Act, but subject to section 136 of that Act, the chief executive must register mortgages under these regulations in the chronological order in which they were executed.

(3) For the purposes of section 63 of the 1996 Act (and any regulations specifying the order in which the chief executive must action transactions specified in the regulations for the purposes of section 63), any mortgage to be registered under these regulations must be registered—

• (a) after the replacement of caveats under section 154 of the 1996 Act; and

• (b) before the necessary adjustments to quota under section 22 or section 23 of the 1996 Act.

During the application period, unless the context otherwise requires,—

• (a) sections 127(1)(k), 136 to 146, 148(2)(b), and 170(1)(b) of the 1996 Act do not apply; and

• (b) any reference in the 1996 Act or in any regulations made under that Act to those provisions (except these regulations) must be disregarded.

During the application period, unless the context otherwise requires,—

• (a) the definitions of mortgage, mortgagee, mortgagor, and paragraph (b) of the definition of transaction in section 2(1) of the 1996 Act do not apply; and

• (b) any reference to the definitions specified in paragraph (a) that appears in the 1996 Act or any regulations made under that Act (except these regulations) must be disregarded; and

• (c) any reference to mortgaging or charging in the 1996 Act or any regulations made under that Act (except these regulations) must be disregarded.

During the application period, unless the context otherwise requires,—

• (a) sections 98(1), 98(4), 98(5), 101A, and 102 of the 1996 Act do not apply to the High Seas Permit Register:

• (b) any reference to the provisions specified in paragraph (a) that appears in the 1996 Act or any regulations made under that Act (except these regulations) must, in relation to the High Seas Permit Register, be disregarded.

(1) During the application period, repealed provisions in the 1983 Act containing references to anything in Part 3, Part 4A, or sections 101A, 101B, 102A, 105AA, 105AB, 107AA, or 107DA of the 1983 Act (which relate to controlled fisheries and marine farming) continue in force for the purpose of giving effect to those provisions of the Fisheries Act 1983 (relating to marine farming and controlled fisheries) that remain in force.

(2) Despite subclause (1), Part 3 and section 102A of the 1983 Act (which relate to controlled fisheries) cease to be in force on the day on which section 314(1)(e) of the 1996 Act is brought into force in relation to the repeal of provisions of the Fisheries Act 1983 relating to controlled fisheries; and, on that day, the Coromandel scallop fishery (which was declared to be a controlled fishery by the Controlled Fisheries (Coromandel Scallop Fishery) Notice 1978) is to be treated as ceasing to be a controlled fishery for the purposes of the 1996 Act and the 1983 Act.