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Reef Queensland (RQ) Success Stories
Z –v- QFS
Wednesday 11 May 2005 - An L2 licence holder missed out on RQ because previous licence holder had entered some false information in the log books. We were able to prove that this happened intentionally. However, the Tribunal ultimately awarded an RQ and Quota based upon the fact that several of the log book entries did not record whether the weights were whole fish, gutted or fillets. The Management Plan Provisions required QFS to use the interpretation that was most beneficial to the fisherman. In this case, if the incomplete entries were for fillets, you had to multiply the weight by at least 2 times! When this interpretation was applied, the licence holder did just meet the criteria of 500 kg in a particular year.
The Tribunal agreed with our interpretation of the legislation and awarded an RQ Symbol, much to the disappointment of QFS!
M –v- QFS
This Fisherman wanted an RQ Symbol, but missed the 500 kg cut off in a particular year.
We reviewed the log book history and found an entry that could have been 15.2kg, or perhaps 152kg.
QFS argued that it was 15.2 and that the decimal point was clear. However, the Tribunal accepted our Submission that there was some doubt, and any doubt had to be interpreted to benefit the fisherman. The Tribunal accepted the entry was possibly 152, and that once the possibility existed, QFS were obligated to accept the entry as 152 kg. An RQ Symbol was granted.
W –v- QFS
This Fisherman had a boat that was damaged by pin-holing. It could not be used from 20 April 1996 to approximately 9 January 1997.
QFS wouldn’t give the fisherman an RQ Symbol, as they claimed that the event-based special circumstance had not happened for 9 months during 1996. This was important, as if it was for in excess of 9 months, an RQ Symbol would be given, but if it was under 9 months, there was no entitlement to RQ Symbol and Quota.
We argued that “at least 9 months” should be interpreted as affecting at least 9 calendar months in the year”. QFS argued that it had to be for 9 full calendar months. If the Tribunal accepted that if any day in a particular calendar month was affected, it counted as one of the 9 months, our client would succeed.
The Tribunal accepted our submission, found that the period 20 April 1996 to 31 December 1996 was a special event “for at least 9 months” during 1996, and an RQ Symbol and Quota was granted.