Refusal to issue or renew
59 Refusal to issue or renew
The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats.Examples of the bases on which the chief executive may be satisfied—
1 The authority was issued in error or because of a document or representation—
that is false, misleading or omits a material particular; or
obtained or made in another improper way.
2 The applicant has been convicted of a fisheries offence.
3 The applicant has had a licence, permit, concession or other authority issued under fisheries legislation (each a fisheries authority) cancelled or suspended.
4 The applicant has not complied with a condition of a fisheries authority or fisheries development approval.
5 The applicant has not kept or given returns as required by the chief executive under this Act.
6 The applicant has given a false or misleading return to the chief executive under this Act.
7 The applicant has been convicted of an indictable offence.
8 The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation.
9 The applicant has not paid fees payable under this Act.
10 Another matter specified in a relevant regulation.
The chief executive must refuse to issue an authority to a person if the chief executive can not issue the authority to the person because of a restriction on the issue prescribed by regulation.
Compensation is not payable if the chief executive refuses to issue or renew an authority.
However, subsection (3) does not prevent a regulation providing for payment of compensation.
This provision refers to the regulations (prescribed by regulation
, a regulation
). Made under this Act:
- Fisheries (Commercial Fisheries) Regulation 2019
- Fisheries (General) Regulation 2019
- Fisheries Declaration 2019 · Regulation
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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