Fisheries Act 2000

This section applies if the conservator receives an application for a fisheries licence.

The conservator may issue the licence to the applicant only if reasonably satisfied that—

the applicant is a suitable person to hold the licence; and

if the applicant is a corporation—each influential person for the applicant is a suitable person to hold the licence; and

if someone other than the applicant is to have management or control of the activity for the licence—each person who is to have management or control of the activity is a suitable person to hold the licence; and

the activity is a suitable activity for the licence; and

issuing the licence is not inconsistent with a conservator guideline; and

if the conservator requires that the applicant prepare a risk management plan—the risk management plan will eliminate or minimise any identified risks.

Note Suitable activity, for a fisheries licence—see s 26.

Suitable person, to hold a fisheries licence—see s 23.

The conservator must, not later than the required time—

decide the application; and

tell the applicant about the decision on the application.

In this section:

required time means the latest of the following:

if the conservator gives the applicant a personal information notice under section 25—28 days after the day the conservator receives the stated information;

if the conservator gives the applicant an activity information notice under section 28—28 days after the day the conservator receives the information;

if the conservator gives the applicant a risk management plan notice under section 29—28 days after the day the conservator receives the risk management plan;

28 days after the day the conservator receives the application.

Note Failure to issue a fisheries licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).