Eligible person
76A Eligible person
The categories of licence are as follows:recreational fishing licence; commercial fishing licence; marine farming licence; fish processing licence; handling licence.
A person may apply to the Secretary to be approved as eligible to hold a licence of a particular category.
An application under subsection (2) must – be made in an approved form; and specify the category of licence to which the application relates; and contain the information required in the approved form; and be accompanied by the prescribed fee.
The Secretary may grant an application for a person to be approved as eligible to hold a licence of a particular category, with or without conditions, or may refuse to grant the application.
The Secretary may only grant an application under subsection (4) if satisfied that – the applicant is a suitable person to hold a licence of the category specified in the application; and in the case of a natural person who is applying to be eligible to hold a licence of a category, other than the category of licence for recreational fishing, the person is an adult.
If a person’s application to be eligible to hold a licence of a particular category is refused under this section, the person may not make a further application in respect of that category of licence under this section until 12 months has lapsed from the date on which the person’s application was refused.
The Secretary may require a person to – provide such further information as the Secretary considers necessary in order to consider the application; and verify by statutory declaration any information given in connection with an application under this section.
The Secretary may defer a decision on an application under subsection (2) pending the determination or discontinuation of any proceedings against the applicant for an offence against – this Act; or any other Act that the Secretary considers relevant to the making of the decision; or a corresponding law.
This provision refers to the regulations (prescribed fee
). Made under this Act:
- Fisheries (General and Fees) Regulations 2026
- Fisheries (Penalties) Regulations 2021
- Fisheries (Research Area) Order 1996 · Regulation · under section 143
12 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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