Living Marine Resources Management Act 1995

The holder of a licence may apply to the Secretary to transfer – the licence to a person (the transferee); or a quota or entitlement under the licence to another licence holder.

The Secretary may grant an application to transfer a licence, or transfer a quota or entitlement under a licence, with or without conditions.

The Secretary may refuse to grant an application for the transfer of a licence – if the transferee is not eligible to hold the licence; or if the transferee is disqualified from holding the licence; or if granting the application will contravene a management plan; or if there are environmental or resource constraints on granting the application; or if, in respect of a relevant licence within the meaning of the Fishing (Licence Ownership and Interest) Registration Act 2001, an application has not been made under that Act by the owner of that licence to cancel all entries in the register under that Act relating to that licence; or if the applicant has not paid any fees, levies, charges or royalties due and payable by that person under this Act; or on such other grounds that the Secretary considers reasonable for refusing the application.

The Secretary may refuse to grant an application for the transfer of a commercial fishing licence if the transferee is a partnership, a corporation or a trustee and the transferee has not nominated an adult to be the licensing agent for the purposes of the licence in accordance with section 77A.

The Secretary may refuse to grant an application to transfer a quota or entitlement under a licence under subsection (1)(b) – if granting the application will contravene a management plan; or if there are environmental or resource constraints on granting the application; or if, in respect of a relevant licence within the meaning of the Fishing (Licence Ownership and Interest) Registration Act 2001, an application under that Act has not been made by the owner of that licence and the other licensee to vary an entry in the register relating to the quota or entitlement under the licence; or if the applicant has not paid any fees, levies, charges or royalties due and payable by that person under this Act; or on such other grounds that the Secretary considers reasonable for refusing the application.

The Secretary may defer a decision on an application under subsection (1) pending the determination or discontinuation of any proceedings against the applicant, the transferee or an associate of the transferee 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.

For the purposes of subsection (6), a person is an associate of the transferee if the person – holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in a business of the proposed transferee and, by virtue of that interest or power, is able or will be able to exercise a significant influence over or in respect of the management or operation of that business; or holds or will hold any relevant position (whether in the person’s own right or on behalf of any other person) in a business of the transferee; or is a relative of the transferee.

In this section – relative means – the spouse, parent, child or sibling (whether of the full or half blood); or the person with whom a person is in a personal relationship within the meaning of the Relationships Act 2003; relevant financial interest, in relation to a business, means – any share in the capital of the business; or any entitlement to receive any income derived from the business; relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated in that business; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others – to participate in a directorial, managerial or executive decision; or to elect or appoint any person to any relevant position.