Fisheries Management Act 1994

The Secretary may, from time to time, determine—

that a business that the Secretary considers to be a separate and identifiable charter fishing business is a recognised charter fishing business, and

the charter fishing licences that are components of that charter fishing business, and

the number and class of seats that are components of that charter fishing business.

A charter fishing licence is a component of a charter fishing business if the Secretary considers that the charter fishing licence is held in connection with the charter fishing business.

A seat is a component of a charter fishing business if the Secretary considers that the seat is available for use by that business under a charter fishing licence held in connection with the charter fishing business.

For the purposes of this Act—

a recognised charter fishing business is a business determined by the Secretary to be a recognised charter fishing business under this section, and

the charter fishing business is comprised of those components that are determined by the Secretary to be components of the charter fishing business.

The Secretary may, from time to time, amend or revoke a determination under this section by making a further determination.

A determination by the Secretary under this section is called a charter fishing business determination.

A charter fishing business determination is to be made in accordance with this Act and any requirements of the regulations.

The Secretary may make a charter fishing business determination at any time—

on his or her own initiative, or

on an application made, in a form and manner approved by the Secretary, by the person or persons who own the business in respect of which the determination is sought.

The Secretary is required to give the person or persons who own a business that is the subject of a charter fishing business determination notice in writing of the determination.

A reference in or under this Act to the owner of a charter fishing business is a reference to the person or persons who, from time to time, own a business that is, or has been, determined to be a recognised charter fishing business by the Secretary under this section.