FISHERIES MANAGEMENT ACT 1991 - SECT 94 Grant of port permits

FISHERIES MANAGEMENT ACT 1991 - SECT 94

  (1)   AFMA may, upon application made in the approved form, if it appears to AFMA to be appropriate to do so for the purpose of monitoring movements of foreign fishing boats, grant to a person a port permit authorising the person, or a person acting on that person's behalf to bring a specified foreign fishing boat in respect of which a foreign fishing licence is not in force:

  (a)   from a point outside the AFZ to a specified port in Australia or in an external Territory; and

  (b)   from that port to a point outside the AFZ.

  (2)   An application made for the grant of a port permit must provide AFMA with such information as it reasonably requires for a proper consideration of the application.

  (3)   A port permit is granted subject to the following conditions:

  (a)   the permit may be revoked under subsection   (5);

  (b)   no compensation is payable because the permit is so revoked.

  (4)   A permit granted under this section:

  (a)   is subject to such other conditions as are specified in the permit; and

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

  (c)   subject to this Act, remains in force until the day specified for the purpose in the permit; and

  (d)   is authority for entry to the specified port on such number of occasions as is specified in the permit.

  (5)   AFMA may, by written notice given to the holder of a permit:

  (a)   revoke the permit; or

  (b)   whether or not at the request of the holder, vary or revoke the conditions to which the permit is subject (not being a condition mentioned in subsection   (3)) or specify a condition or a further condition to which the permit is to be subject.

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

  (7)   A permit is to be in the approved form.

  (8)   In this section:

"foreign fishing boat" means a foreign boat:

  (a)   that is equipped for fishing; or

  (b)   that AFMA has reasonable grounds to believe is being used, or is intended to be used, in activities in support of fishing by foreign boats.