Reef Queensland Success Stories

By 23 February, 2017Fishing

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.

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