Frequently Asked Questions
- NLEP Fisheries Adjustment Program
- Other related projects
- Eligibility
- Process
- Administration and project design
The following Frequently Asked Questions are grouped into the following sections:
About the NLEP Fisheries Adjustment Program
Why is a financial adjustment being provided to commercial fishers?
A condition of NLEP’s Tidal Works Permit approval is that potential impacts to the commercial fishing sector are addressed in accordance with the Queensland Department of Primary Industries’ guideline on fisheries adjustment as a result of development. Based on this condition, the NLEP Fisheries Adjustment Program provides support to potentially affected commercial fishers who operate within Site 12 of Grid S30 in Gladstone Harbour.
How does the NLEP Fisheries Adjustment Program work?
Eligible commercial fishing licence holders potentially affected by the construction of the NLEP bund wall in Gladstone Harbour can apply for financial adjustment payments through the NLEP Fisheries Adjustment Program. Participation in this Program is voluntary. Eligible applicants need to be Primary Commercial Fishing Licence (PCFL) holders, who can demonstrate through logbook data and grid location S30 on their licence - that they have fished commercially within site 12 of grid S30 in Gladstone Harbour between 1/1/2021 and 31/12/2023. An Independent Assessment Panel will assess each application. An adjustment payment can only be provided upon acceptance and return of the Deed of Agreement.
Why was Grid S30 Site 12 selected as the location for a financial adjustment?
Site 12 in Gladstone Harbour is where there could potentially be an impact to commercial fishers due to the construction of the NLEP bund wall. Primary Commercial Fishing Licence holders list the grid and site location within their logbook data, so they will be aware of whether they catch fish and/or crabs in that area, and may be eligible for a financial adjustment.
I conduct fishing in adjacent sites to Site 12. Will I be impacted by NLEP and can I apply for a financial adjustment?
Site 12 is where there could be a potential impact to commercial fishers due to the construction of the bund wall. Adjacent areas will not be impacted by the NLEP bund wall, and are therefore not eligible for financial adjustment.
Do I have to participate in the Fisheries Adjustment Program?
Participation in the NLEP Fisheries Adjustment Program is voluntary.
Other Related Projects
How does this NLEP Fisheries Adjustment Program relate to the Queensland Government’s Future Fisheries September 2023 announcement about the phasing out of gillnet fishing in the Great Barrier Reef by 2027? If I apply for this NLEP Program, will it impact my application for a Future Fisheries adjustment?
No. This NLEP Fisheries Adjustment Program is separate and is not connected to the Future Fisheries program. There will be no impact to future eligibility for the Future Fisheries program should you participate in this NLEP program.
I applied for financial adjustment on the Western Basin Dredging and Disposal Project Commercial Fisheries Compensation Program. Am I still eligible to apply?
Yes. Gladstone Ports Corporation's Western Basin Dredging and Disposal Project is separate to the NLEP Fisheries Adjustment Program. You can apply for the NLEP Program if you meet the Program’s eligibility criteria.
If I apply for this NLEP program, will it impact my application for any future program relating to the Port of Gladstone Gatcombe and Golding Cutting Channel Duplication Project?
No. Participation in this NLEP Fisheries Adjustment Program will not impact to your future eligibility for any other GPC fisheries adjustment programs.
Eligibility
I was unable to fish for significant periods of time between 2021 to 2023 due to circumstances beyond my control. How does this impact the financial adjustment I will receive?
Your application, under the NLEP Fisheries Adjustment Program, should explain why you were unable to fish during this period. The Program Administrators will then liaise with you about your circumstances, and if necessary, seek material supporting your ‘special circumstances’ to provide to the Independent Assessment Panel. The Panel will take your specific circumstances into account when assessing your application.
I am a recreational fisher, can I apply?
No. The NLEP Fisheries Adjustment Program is only open to eligible commercial fishers. GPC continues to support recreational fishers, including through its Community Benefit Program and the Gladstone Marine and Fishing Strategy (2023-2028).
I am a seafood retailer, can I apply?
No. The NLEP Fisheries Adjustment Program is only open to eligible commercial fishers, and is not available to seafood retailers.
Process
My relative is the licence holder and is currently incapacitated. Can I apply on their behalf?
Yes. Please tick the box making clear that you are applying for the NLEP Fisheries Adjustment Program on behalf of the licence holder, and upload evidence that you have legal authority to act on their behalf. This should be in the form of a binding Power of Attorney. Payment will be provided directly to the Primary Commercial Fishing Licence holder. For more information, visit the QCAT decision-making for adults with impaired capacity web page.
If the licence is owned by two or more individuals, or is in a partnership business structure, can you split payment?
No. A condition of participation in the NLEP Fisheries Adjustment Program is that a financial adjustment payment will only be sent to one entity’s bank account. Primary Commercial Fishing Licences are normally allocated to one entity. It is the responsibility of the applicant to represent within their legal capacity the interests for their financial adjustment, and distribute as per any agreements they may have on the licence.
My ex-partner owned the licence, but I conducted the fishing. Will you be able to split the payment?
If you consider it is necessary you should obtain legal advice on the ownership and rights of your Primary Commercial Fishing Licence (PCFL). It is important that applicants to the NLEP Fisheries Adjustment Program understand the ownership rights for licences as payment will only be made to the PCFL holder.
I received permanent transfer of a licence after the Program commencement date. Can I still apply?
No. If you become the owner of a licence after the NLEP Fisheries Adjustment Program commencement date (23 July 2025), you are not eligible to apply.
I am leasing a licence. Can I apply for an adjustment payment?
A financial adjustment payment by the NLEP Fisheries Adjustment Program is only available to the Primary Commercial Fishing Licence (PCFL) holder. A financial adjustment payment is not available to non-primary licence holders, including holders of temporary licences or in cases where the licence is leased to someone else. If you think you may be eligible, you should speak to your PCFL holder to confirm if they are participating in the NLEP Program.
I do not consent for the Department of Primary Industries to share my fishing logbook data with the Program Administrators. Will I still be able to complete an application?
No. To ensure integrity of the process, and ensure only valid applications are processed, we are unable to proceed with an application under the NLEP Fisheries Adjustment Program unless permission for data sharing by Queensland Department of Primary Industries with the Program Administrators is provided.
I am going to obtain legal support for my application. Will the program cover the cost?
No. It is not a requirement of your NLEP Fisheries Adjustment Program application to obtain legal or business advice. However, the financial adjustment payment is calculated to include a reasonable allowance toward the cost of any legal or business advice you may incur.
I do not have access to a computer and/or I have significant impairments, which mean I cannot complete the form online. How can I apply?
All applications are to be submitted online. It may be beneficial for you to seek support from a family member or friend in the submission of your application. For further support please contact the Program Administrators on 07 3110 9678 (9:00am to 1:00pm Monday through Friday, or voicemail all other times) or support@nlepfap.com.au
After reviewing the Deed of Agreement, I am unhappy with its legal terms. What do I do?
The NLEP Fisheries Adjustment Program Deed of Agreement has been constructed to ensure a fair and equitable balance of legal rights to the financial adjustment payment provided. Participation in the program is voluntary, but a financial support payment can only be provided upon acceptance and return of the Deed of Agreement.
Why is the adjustment payment limited to two (2) years’ of fishing catch?
The NLEP Fisheries Adjustment Program was developed to ensure a fair and equitable financial adjustment payment is provided to eligible fishers who are potentially impacted by the bund wall construction. Gross Value Production (GVP) for the Program will be calculated using the average of the two (2) best years of catch history of calendar years 2021, 2022 and 2023. This calculation will be multiplied by a landed cost per species supplied by the Program’s Independent Assessment Panel, which in the circumstances is considered fair and equitable. The financial adjustment payment for each successful applicant is a minimum of $5000, even if the average GVP does not support a payment up to that sum.
How long will I have to sign the Deed of Agreement? What if I am unable to sign the Deed of Agreement?
Once a successful application is made and a financial adjustment payment is calculated under the NLEP Fisheries Adjustment Program, you will receive an electronic Deed of Agreement for signing. Along with the request for payment details, the Deed of Agreement will include an expiration date of 30 days. You must ensure you complete the Deed of Agreement before this date. The Program Administrators will contact you to remind you to complete the Deed of Agreement before the expiration date. Should you not sign and return the Deed of Agreement before this date, any offer of financial adjustment will be considered lapsed. If there are ‘special circumstances’ around the failure to sign and return the Deed of Agreement as required, these will be considered on a case-by-case basis.
How do I obtain independent advice on whether I should apply to surrender my licence?
It is not a requirement of your NLEP Fisheries Adjustment Program application to obtain independent advice. The Program Administrators will provide assistance with the application process, but will not be able to provide legal or business advice. If you would like to seek independent advice, specific to your individual circumstances, the Rural Financial Counselling Service (RFCS) provide free financial counselling to fishing enterprises (visit the RFCS web page).
Questions concerning your personal taxation circumstances should be directed to your taxation adviser or the Australian Taxation Office on 13 72 86.
What is considered a 'special circumstance'?
Under the NLEP Fisheries Adjustment Program, a ‘special circumstance’ could include long-term illness, injury, disability, boat unavailability or issues with logbook data between 1/1/2021 and 31/12/2023. Other special circumstances will be assessed by the Independent Assessment Panel on a case-by-case basis.
The application process is causing me distress. Who can I talk to?
There are a number of support services available to support you:
- The Program Administrators are available help you in the submission of your application via phone 07 3110 9678 (9:00am to 1:00pm Monday through Friday, or voicemail all other times) or email support@nlepfap.com.au
- If you are in crisis and need immediate help, call triple zero (000).
- You can also call Lifeline on 13 11 14 – 24 hours a day, seven (7) days a week
- If Program Administrators have evidence to believe an applicant is at imminent risk of crisis, this will be referred to emergency services.
Administration and Program Design
How is the Independent Assessment Panel formed?
The Independent Assessment Panel for the NLEP Fisheries Adjustment Program is comprised of industry and academic experts, including members who have participated in similar programs. The Panel also has an independent Chair who is responsible for ensuring the correct functioning of the Panel.
Who is the Program Administrator?
The administration of the NLEP Fisheries Adjustment Program is being conducted by ArcBlue Consulting Pty Ltd. This is to ensure an 'arms-length' approach that ensures the independent and impartiality of the process.
How has the Program been designed?
The NLEP Fisheries Adjustment Program is based on similar programs and was designed with input from various experts from industry, academia and the Queensland Department of Primary Industries.
How is the market price per species determined in the payment calculation?
The market price per species is provided by the Independent Assessment Panel. It is calculated from a variety of information sources, including historic and estimated wholesale prices per tonne.
How is Gladstone Ports Corporation Limited (GPC) involved?
GPC is a Government Owned Corporation that manages four (4) ports (including Gladstone) for the State of Queensland. NLEP is a key GPC deliverable – to help make more portside land available to create space for future growth and development, and ensure port efficiency. GPC is responsible for providing financial adjustments through the NLEP Fisheries Adjustment Program. GPC will counter-sign the applicant’s Deed of Agreement and will conduct the bank transfer to successful applicants.
How is ArcBlue involved?
For the NLEP Fisheries Adjustment Program, GPC has engaged ArcBlue, as an independent Program Administrator to ensure this Program is fully independent and impartial.
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