Making an application for compensation

Applications must be made in writing, signed by you and include inter alia:

General Information

1. your full name, residential address, business address and postal address, contact telephone number and email address
2. information about whether the claim is being made in a personal or representative capacity; if the latter, full details need to be provided with supporting documents
3. details of the relevant zone(s) to which the application for compensation relate (the “Relevant Zone”)
4. details of your knowledge and expertise of the fishing industry, including for how long you have been involved in the fishing industry, and in areas other than the fishing industry
5. information about your future intentions and expected retirement age regarding the relevant fishing enterprise
6. an acknowledgement that the Department for Environment and Water will request catch and effort data associated with your fishing business from the Department of Primary Industries and Regions South Australia (PIRSA) for the purposes of assessing the application

Statutory Authorisation

7. a copy of the statutory authorisation relevant to your claim (the “Licence”)
8. a statement on whether you are the legal and beneficial owner of the Licence
9. if you are the legal but not the beneficial owner of the Licence, details of the beneficial owner(s) of the Licence and copies of Trust Deeds and of any amending Trust Deeds
10. unless evident for the copy of the provided Licence, the following information:
10.1 when you first acquired the Licence
10.2 in the event that the Licence was purchased, you should state from whom the Licence was purchased; the amount paid for the Licence and a copy of the signed purchase and sale agreement
11. a copy of any valuation or expression or opinion about the value of the Licence for the financial years 2012 to present. If no such documentation is available you should express a view about the value of the Licence during that period and provide reasons in support of that view

Relevant Fishing Enterprise

12. information about the ownership structure of your fishing enterprise, e.g., a summary of the legal entity(ies) through which the fishing enterprise is conducted and, if applicable, any contractual arrangement between the fishing enterprise and the holder of the Licence
13. if the fishing enterprise is owned by a trust:
13.1 information about the legal and beneficial ownership of the fishing enterprise
13.2 information about the type of trust, e.g., discretionary
13.3 full details of the trustees and of any appointer(s) of the trust
13.4 a copy of the Trust Deed and copies of any amendments made to the Trust Deed
14. in the event that the fishing enterprise is conducted through a corporate entity:
14.1 a copy of the certificate of incorporation
14.2 an ASIC historical extract containing the names and addressed of the directors, members and officers of the corporate entity

Details of the Compensation Claimed

15. in relation to your claim for compensation, particulars of the amounts claimed and why
16. in relation to the fishing enterprise conducted for the 2012 financial year to present:
16.1 details about the species fished, in which localities and why
16.2 information about any relevant seasonality issues
16.3 details about the number of days fished on a monthly basis and in which locality
16.4 monthly fish catch records for each species of fish caught
16.5 information about sales and prices for each fish species caught
16.6 information about boat(s) and gear used
16.7 a summary of the crew / labour used in the relevant fishing enterprise
16.8 a summary of any significant changes in the relevant fishing enterprise pre and post the introduction of the Relevant Zone with appropriate explanations and dates / timelines
16.9 a summary of actions taken to mitigate the losses of the relevant fishing enterprise and possible mitigation actions which could have been taken but which were not taken post introduction of the Relevant Zone
16.10 details of any unrelated activities carried on by or within the relevant fishing enterprise or legal entities

Financial Information

17. financial statements, depreciation schedules, tax returns, payroll reports, management reports and KPI data and “Logbooks” provided to PIRSA for the relevant fishing enterprise and legal entities / individuals for the 2012 financial year to date (if available)
18. a summary of the estimated lost contribution to overheads of the relevant fishing enterprise (revenue lost, less variable costs saved, being costs which vary directly with the fishing activity conducted), additional overhead costs incurred and additional capital expenditure made for the relevant fishing enterprise for the future, by financial year, with appropriate explanation together with any supporting materials, e.g., excel workings and financial records
19. if depreciation is claimed, evidence establishing a discernible reduction in the useful life(s) of the relevant depreciable assets of the fishing enterprise as a result of the introduction of the Relevant Zone that would not have otherwise occurred and quantification of the amount to date and estimated for the future, by financial year, with appropriate explanation together with any supporting materials, e.g., excel workings and financial records
20. if repairs and maintenance or equivalent are claimed, evidence establishing a discernible increase as a result of the introduction of the Relevant Zone that would not have otherwise occurred and quantification of the amount to date and estimated for the future, by financial year, with appropriate explanation together with any supporting materials, e.g. excel workings and financial records
21. any other relevant matters or documentation.