Fisheries Management Act 1991

AFMA may, upon application made in the approved form, grant to a person a scientific permit in respect of a specified boat (including a foreign boat) authorising the use of the boat by that person, or a person acting on that person’s behalf, for scientific research purposes in a specified area of the AFZ or a specified fishery.

An application made for the grant of a scientific permit must provide AFMA with such information as it reasonably requires for a proper consideration of the application.

A scientific permit is granted subject to the following conditions:

if the permit authorises the use of a boat for scientific research purposes in a specified managed fishery—the permit will cease to have effect in relation to that fishery if the plan of management for the fishery is revoked under subsection 20(3);

the permit may, under subsection 75(7), cease to have effect;

the permit may be revoked under subsection (6);

no compensation is payable because the permit is revoked, ceases to have effect or ceases to apply to a fishery.

For further provisions relating to conditions imposed on scientific permits see subsections (4), (5A) and sections 40C and 42A.

A scientific permit:

is subject to such other conditions as are specified in the permit; and

comes into force on the day specified for the purpose in the permit or, if no day is so specified, on the day on which it is granted; and

subject to this Act, remains in force until the day specified for the purpose in the permit, being a day not later than 6 months after the day on which it came into force.

Without limiting the operation of subsection (4), the conditions that may be specified in a scientific permit include conditions relating to:

the carriage on board the boat concerned of persons nominated by AFMA to make scientific observations; or

the sale or disposal of fish taken during the course of activities carried out under the permit.

It is also a condition of a scientific permit relating to a fishery that the holder of the permit comply with a direction under section 41A that relates to the fishery.

AFMA may, by written notice given to the holder of a scientific permit, whether or not at the request of the holder:

revoke the permit; or

vary or revoke a condition to which the permit is subject (not being a condition mentioned in subsection (5A)) or specify a condition or further condition to which the permit is to be subject.

A scientific permit ceases to be in force if the holder of the permit surrenders the permit by written notice given to AFMA.

A scientific permit is to be in the approved form.