Pearling Act 1990

Neither a farm lease, pearling licence nor hatchery licence held by a person, nor a right conferred on a person under a farm lease, pearling licence or hatchery licence, is transferable to any other person, otherwise than as provided in this section.

Neither a pearl diver’s licence, pearl boat licence, pearl boat master’s licence nor permit held by a person, nor a right conferred on a person under a pearl diver’s licence, pearl boat licence, pearl boat master’s licence or permit, is transferable to any other person.

The holder of a farm lease, pearling licence or hatchery licence may transfer it to another person with the written approval of the CEO.

The holder of a farm lease may, with the written approval of the CEO, transfer part or parts of the pearl oyster farm specified in the farm lease to another person or other persons, and, where the CEO gives that approval, the farm lease shall be surrendered and 2 or more farm leases, as the case requires, shall be issued.

The holder of —

a pearling licence or hatchery licence may, with the written approval of the CEO, transfer to another person part, or all, of the quota of pearl oysters that may be taken under the pearling licence or hatchery licence; or

a hatchery licence may, with the written approval of the CEO, transfer to another person part, or all, of the quota of pearl oysters produced under the hatchery licence that may be used or sold for —

breeding stock; or

pearl culture techniques,

The approval of the CEO to a transfer under subsection (3), (4) or (5) shall not be as of right and, if the CEO thinks it would be in the better interests of the pearling industry to do so, the CEO may refuse to give that approval.

Where the CEO refuses to give his or her approval to a transfer under subsection (3), (4) or (5), the CEO shall, in writing, inform the person who requested that approval of that refusal and the reasons for it.