Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 22

             (1)  Where a plan of management provides for the management by AFMA of a fishery by means of a system of statutory fishing rights, AFMA is to establish and administer such a system in accordance with the plan.

             (2)  AFMA is to give to a person to whom it grants a fishing right a certificate evidencing the grant of the fishing right.

             (3)  A fishing right is granted subject to the following conditions:

                     (a)  the holder of the fishing right must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a fishing right;

                     (b)  the fishing right will cease to have effect if the plan of management for the fishery to which the fishing right relates is revoked under subsection 20(3);

                     (c)  the fishing right may, under subsection 75(7), cease to have effect or, under subsection 79(3), cease to apply to a fishery;

                     (d)  the fishing right may be cancelled under section 39;

                     (e)  no compensation is payable because the fishing right is cancelled, ceases to have effect or ceases to apply to a fishery.

Note:          Sections 42 and 42A also impose conditions on statutory fishing rights.

             (4)  A fishing right:

                     (a)  is subject to such other conditions as are specified in the certificate, including conditions relating to the suspension or cancellation of the fishing right and the transferability or otherwise of the fishing right; and

                     (b)  comes into force on the day specified for the purpose in the certificate, or, if no day is so specified, on the day on which it is granted; and

                     (c)  subject to this Act, remains in force:

                              (i)  until the day specified for the purpose in the certificate; or

                             (ii)  if no such day is specified, until cancelled or surrendered or it otherwise ceases to have effect, under this Act.

             (5)  AFMA may, by written notice given to the holder of a fishing right, whether or not at the request of the holder, vary or revoke a condition of the fishing right (not being a condition mentioned in subsection (3)) or specify a condition or a further condition to which the fishing right is to be subject.

          (5A)  After the commencement of this subsection and without limiting the generality of subsection (5), if a statutory fishing right authorises an Australian‑flagged boat to fish on the high seas, AFMA may attach a further condition to that right to the effect that another boat may not be substituted for the first‑mentioned boat without AFMA's prior written agreement to the substitution.

             (6)  A fishing right ceases to be in force if the holder of the fishing right surrenders it by written notice given to AFMA.

             (7)  The holder of a fishing right must, at the time of giving the written notice referred to in subsection (6) or as soon as practicable after that time, return the original certificate evidencing the fishing right to AFMA.