New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 34Q

34Q Fishing business determinations

(1) The Director-General may, from time to time:

(a) determine that a business that the Director-General considers to be a separate and identifiable fishing business is a fishing business, and

(b) determine the components of that fishing business.

(2) Such of the following as the Director-General considers to be owned, used, held or acquired in connection with a fishing business may be determined to be a component of the fishing business:

(a) one or more fishing boats,

(b) fishing gear,

(c) any fishing authority held by a person,

(d) the catch history of any person (determined in accordance with this Act and the regulations).

(3) For the purposes of this Act:

(a) a "fishing business" is a business determined by the Director-General to be a fishing business under this section, and

(b) the fishing business is comprised of those components that are determined by the Director-General to be components of the fishing business.

(4) The Director-General may, from time to time, amend or revoke a determination under this section by making a further determination.

(5) A determination by the Director-General under this section is called a "fishing business determination".

(6) A fishing business determination is to be made:

(a) in accordance with such provisions (if any) relating to the making of fishing business determinations as may be contained in the regulations or a management plan for a fishery (or both), and

(b) in a manner consistent with any guidelines relating to transfers of fishing businesses, approved by the Director-General before the commencement of this section, that had effect in relation to any transfer made before the fishing business transfer rules took effect.

(7) The Director-General may make a fishing business determination at any time:

(a) on his or her own initiative, or

(b) on an application made, in a form and manner approved by the Director-General, by the person (or persons) who own the business in respect of which the determination is sought.

(8) The Director-General is required to give the person (or persons) who own a business that is the subject of a fishing business determination notice in writing of the determination.

(9) A reference in this Act to the "owner of a fishing business" is a reference to the person (or persons) who, from time to time, owns or own a business that is, or has been, determined to be a fishing business by the Director-General under this section.