Commonwealth Consolidated Acts

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FISHERIES MANAGEMENT ACT 1991 - SECT 48

Power of holder of fishing right to deal with fishing right

             (1)  Except where a condition of a fishing right provides otherwise, a holder of a fishing right may, subject only to any rights appearing in the Register to be vested in another person and to section 49, deal with the fishing right as its absolute owner and give good discharges for any consideration for any such dealing.

             (2)  Subsection (1) only protects a person who deals with such a holder as a purchaser in good faith for value and without notice of any fraud on the part of the holder.

             (3)  Equities in relation to a fishing right may be enforced against the holder of the fishing right except to the prejudice of a person protected by subsection (2).



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