Fisheries Act 2000

This section applies if the conservator receives an application to amend a fisheries licence under section 35.

The conservator may amend the licence only if satisfied that as amended—

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

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

if someone other than the proposed new licensee 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 licensed activity is a suitable activity for the licence; and

the licence is not inconsistent with any conservator guideline.

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

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

If the conservator decides to amend the licence, the conservator may impose or amend a condition on the licence.

The conservator must, not later than the required time—

decide the application for amendment; and

tell the licensee about the decision.

In this section:

required time means the latest of the following:

if the conservator gives a person mentioned in section 35 (2) 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 amend a fisheries licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).