Duration of authority and periodic fee and return etc
56 Duration of authority and periodic fee and return etc
A licence remains in force (except for any period during which it is suspended) from the day on which it is granted—
until it is surrendered or cancelled; or
—
if it is in respect of a fishery for which there is a management plan—until the management plan expires or is revoked; or
in any other case—for a period (not exceeding
10 years) specified in the licence.
A permit remains in force (except for any period during which it is suspended) from the day on which it is granted—
until it is surrendered or cancelled; or
for a period (not exceeding 3 years) specified in the permit.
Subject to this Act, registration remains in force until the expiry of the relevant licence or permit but if—
the licence or permit is suspended under this Act for any period, the registration will be taken to have been suspended for the same period;
or
the licence or permit is cancelled or surrendered under this Act, the registration will be taken to have been cancelled or surrendered.
If a person registered as the master of a boat used pursuant to an authority is disqualified from being so registered, the registration will be taken to have been cancelled.
The holder of an authority must—
in each year, pay to the Minister the relevant annual fee (in total or by instalments) in accordance with the regulations; and
lodge with the Minister periodic returns in accordance with the regulations.
If the holder of an authority fails to pay the relevant annual fee (or an instalment of the relevant annual fee) in accordance with this section, the Minister may, by written notice, require the person to make good the default specified in the notice and, in addition, pay to the Minister the amount prescribed as a penalty for default.
If the holder of an authority fails to comply with a notice under subsection (6), the Minister may, by further written notice, suspend the person's authority until the notice under that subsection has been complied with.
Subject to subsection (7b), if—
an authority has been suspended by the Minister under subsection (7); and
the suspension has been in effect for more than 6 months;
and
the Minister cannot locate the holder of the authority after making a reasonable attempt to do so, the Minister may cancel the authority.
The Minister must, before cancelling an authority under subsection (7a), make a reasonable attempt to give notice of the Minister's intention to cancel the authority to any person noted on the register of authorities as having an interest in the authority.
The Minister may, on application by the holder of the licence or permit on which any registration is endorsed, revoke the registration.
In this section—
annual fee means the annual licence, permit or registration fee.
This provision refers to the regulations (the regulations
). Made under this Act:
- Fisheries Management (Charter Boat Fishery) Regulations 2016
- Fisheries Management (Demerit Points) Regulations 2017
- Fisheries Management (Fish Processors) Regulations 2017
11 more instruments made under this Act are listed on the Act’s overview.
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