Fishing Industry (Assistance) Regulations (Cap. 85:03)

LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Fishing Industry (Assistance) SUBSIDIARY LEGISLATION www. legalaffairs.gov.tt Chap. 85:03 7 FISIIING INDUSTRY (ASSISTANCE) REGULATIONS ARRANGEMENT OF REGULATIONS REGIJLATION 1. Citation. 2. Interpretation . 3. No payment. 4. Application for registration. 5. Receipt of application . 6. Condition of registration. 7. Altering or dcfucing number or murk. 8. Refusal of application. 9. After registration. 10. Aggrieved pt:rsoll. 11. Quota card . 12. Recording. 13. Form. 14. Becoming entitled to make claim . 15. Refusal to certi fy purchase of fuel. 16. Claims for payment. 17. Requirements. 18. Claim for payment disallowed. 19. Destroying, defacing, altering quota card, etc. 20. Use of fuel. 21. Record on fue l purchase form . 22. Notification. 23. Quotas. 24. Pay ments. 25. Declaration of rates of payment. 26. Quota period. 27. Division of qu ota period. 28. Number of claims. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 8 [Subsld.1ary] Chap. 85:03 Fishing Industry (Assistance) Fishing Indu stry (ASsistance) Regulations ARRANGEMENT OF REGULATIONS- Continued REGLlLATION 29. Penalty. 30. Address of communications. 31. Commencement. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Fishing Industry (Assistance) www. legalaffairs.gov.tt Chap. 85:03 9 [S uh eldl ary] FISHING INDUSTRY (ASSISTANCE) REGULATIONS made under section j 55/1956. 1. These Regulations may be cited as the Fishing Industry Cltatlon. (Assistance) Regulations . 2. In these Regulations, "fuel" means a petroleum product Interpretation . used as a source of power only, and does not include lubricating oil or oil used for purposes other than as a source of power. 3. No payment shall be made under the Act in respect of any No payment. engine which is uut iegistered 111 accordance W iih these Regulations. 4. Application for the registration of an engine in respect of wh ich pa ymen ts moy he cla imeri under the A~I sha ll he made in writing, in duplicate, addressed to the Fisheries Officer and shall state (a) the name and address of the owner of the engine; (h) the make and model of the engine; (c) the brake horsepower, as stated by the makers of the engine ; (d ) the serial number of the engine, or, in the case of an outboard engine, the serial number of the crankcase. 5. On receipt of the application, the Fisheries Officer, if he is satisfied that payments may properly be made in respect of the engine, shall enter the name and address of the owner, together with particulars of the engine , in a register to be kept for that purpose , and shall issue to the owner a quota card showing the '111010 of fue l allocn red in respect of the engine. 6. Before the Fisheries Officer approves an application for the registration of an engine, he may, if he thinks fit, req uire the owner, as a condition of regi stration, to allow the engine to be stamped or marked with a number or other means of assisting identification; and any stamp or mark so made by the Fisheries Officer shall be regist ered as part of th e particulars relating to that engine. UPDATED TO DECEMBER 31ST 2009 Application for registration. Receipt of application. Condition of registration. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 10 [Subsld.1ary] Chap. 85:03 Fishing Industry (Assistance) Fishing Industry (ASsistan ce) Regulations Altering or defacing number or mark . Refusal of applicatio n. After registration. Aggrieved person. Quota card. Recording. Form. Be comin g entitle d to make claim . 7. No person shall alter or deface any number or other mark appearing on any engine registered under these Regulations. 8. If the Fisheries Officer refuses any application for the registration of an engine, made under regulation 4, he shall give notice thereof in writing to the applicant stating the grounds of the refusal. 'J. It at any time atter an engine has been registered the Fisheries Officer is of the opinion that payments may not properly be made under the Act, he shall forthwith notify the owner in writing that it is his Intention to cancel the registration of the engine, and shall state the grounds of the proposed cancellation; and if within seven days of the not ification the owne r does not signify his intention to appea l against the decision, the Fisheries Officer shall cance l the registration. 10. Any person aggrieved by the refusal of the Fisheries Officer to register an engine, or by the decision of the Fisheries Officerto cancel the registration of an engine, may within seven days appeal to the Minister against the refusal or against the decision, and the decision of the Minister shall be final. 11. The quota card to be issued under regulation 5 shall show the quota of fuel allocated in respect of the engine specified thereon, and provision shall be made thereon for recording the hours run and the fuel consumed by the engine during the quota period . 12. The owner of an engine shall record each day on the quota card supplied by the Fisheries Officer for the purpose the number of hours run by the engine and the amount of fuel consumed. 13. The Fisheries Officer shall also issue to the registered owner of an engine a form (in these Regulations referred to as the fuel purchase form) on which to record all purchases of fuel for his registered engine or engines. 14. For the purpo se of becoming entitled to make a claim to payments under these Regulations, the owner or other person acting UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Fishing Industry (Assistance) Fishing Industry (ASsistance) Regulations www. legalaffairs.gov.tt Chap. 85:03 II [Subsld.1ary] on his behalf making any purehase of fuel on the basis of which a claim is to be made shall at the time of making the purchase produce the fuel purchase form and shall request the vendor or his servant to certify in the appropria te place the amount of fuel purchased, and shall himself countersign the same and shall specify the place at which the purchase was made. 15. In case the vendor or his servant or agent refuses to certify the purchase of any fuel, the owner of the engine or other person acting on his behalf may within seven days notify the Fisheries Officer, with a view to an investigation of the circumstances of the refusal; and in case of failure so to notify the Fishery Officer, no account shall be taken, for purposes of payment being made under these Regulations, of any fuel the purchase of which has not been duly recorded on the fuel purchase form as provided by these Regulations. Hi. All claims [or pay incnt shall be signed by the r~g i s l ~r~u owner of the engine, and shall be made upon forms supplied by the Fisheries Officer for that purpose. 17. Where any elaim for payment is made, the Fisheries Officer shall require the production of the quota card and the fuel purchase form. and may require the owner of the engine to answer such questions or to furnish such other evidence or information as he thinks necessary. 18. If any elaim for payment is disallowed by the Fisheries Office, the owner may within seven days of notification of the disallowance appeal to the Minister, whose decision shall be final. 19. No person shall destroy, deface or alter any quota card, form, or other document issued or required to be kept under these Regulations, 20. No person shall usc otherwise than in an engine of which he is the re gis tered owner any fue l of whi ch the purchase is recorded on his fuel purchase form. UPDATED TO DECEMBER 31ST 2009 Refusal to cernry purchase of fuel. Claims for payment. Requiremen ts. Claim for payment disallowed. Destroying, defacing. alterin g quota card, ere. Use offuel. LRD.l/2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 12 [Su b sld.1ar y] Chap. 85:03 Fishing Industry (Assistance) Fishing Industry (ASsistance) Regulations Record on fuel purchaseform. Notification. Quotas . 21. No person shall record or cause to be recorded on any fuel purchase form issued under these Regulations any sale or purchase of fuel which to his knowledge is not intended to be used in an engine or engines of which the person in whose name the purchase form is issued is the registered owner. 22. Every registered owner shall notify the Fisheries Officer in writing without delay of the sale or other disposal by him, or of the loss, of any registered eng ine, or of any material alteration of a registered engine, or of any change with respect to the particulars relating to such engine, as specifi ed in regulation 4; and the Fisheries Officer shall, where necessary, make the appropriate changes in the Register. 23. Quotas of fuel and lubricating oil shall be allocated to engines on the following basis: (n ) Diesel Fnginn Less than 10 B.H.P. 540 gallons of fuel for the quota period ; J() or more hilt less than ?'i R H P 900 gallons of fuel for the quota period; 25 or more but less than 50 RH.P. 1,440 gallons of fuel for the ']lIota period; 50 or more but less than 75 RH.P. 2,700 gallons offuel for the quota period ; 7'1 or more hut less than !OO R.H.P. 3,600 gallons of fuel for the quota period; 100 B.H.P. or over 4,'100gallons of fuel for the quota period. Gasolene and Tv.O. Engines Less than 9 B.H.P. 1,080 gallons of fuel for the quota period; 9 or more but less than 25 RH.P. 1,800 gallons of fuel for the quota period; 25 B.B.P. or over 2,700 gallons offuel for the quota period. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Fishing Industry (Assistance) Fishing Industry (ASsistance) Regulations www. legalaffairs.gov.tt Chap. 85:03 13 [Subsld.1ary] (h) For the purpose of claims for payment under these Regulations, the amount of lubricating oil used in an engine shall be deemed to be proportionate to the amount of fuel recorded on the quota card issued in respect thereof, and shall be calculated as follows: (i) in the case of engines in which the lubricating oil is mixed with the fuel in the fuel tank, on the basis of one gallon of oil to eight gallons of fuel; (ii) in the case of engines in which the lubricating oil is not mixed with the fuel in the fuel tank , on the basis of one gallon of oil to thirty gallons of fuel. 24. Paymentsmaybe madeto the registeredowner of an engine- Payme nts. (n) in r~sr~rt of fuel purchased and used during the period for which the claim is made, up to a maximum of the quota allocated in respect of the engine: and (h) in respect of lubricating oil deemed in accordance with regulation 23 to have been used in the engine in conjunction with the amount of fuel as determined under paragraph (a) of this regulation. 25. The rates of payment in respect of fuel and lubricating oil shall be declared from time to time by the Minister by Notification. 26. The quota period shall extend from I st January to Jist December ot each year; but It shall be lawtul tor the owner of an engine to purchase fuel allocated on his quota at any time within the quota period according to his requ ireme nts. 27. For the purpose of making claims for payments under these Regulations, the quota period shall be divided into four quarte rs, extending respectively from the 1st January to the 31st March, from the I st April to the 30th June , from the 1st July to UPDATED TO DECEMBER 31ST 2009 Declaration of ratcx uf payment. Quota peri od. Division of quota period. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 14 [Subsld.1ary] Chap. 85:03 Fishing Industry (Assistance) Fis hing Indu stry (ASsistance) Regula tions Number of claims. Penalty. Address of communications. Commencement. the 30th September, and from the I st October to the 31 st December; and no claim for payment in respect of fuel used during any such quarter shall be allowed if made more than three months after the end of the quart er during which it was so used. 28. Nothing in regulation 27 shall prevent a person entitled to make a claim for payment from doing so more often than once in each quarter; but no person shall make a claim more than once in any calendar month. 29. Any person who commits a breach of any of the provisions of these Regulations is liable on summary conviction to a fine of four hundred dollars. 30. All communications in respect of claims, payments, or other matters arising under the Act or under these Regu lations shall be addressed to the Fisheries Officer at his office. 31. These Regulations shallcome into operation on IstMay 1956. UPDATED TO DECEMBER 31ST 2009