New South Wales Repealed Regulations

This legislation has been repealed.

FISHERIES MANAGEMENT (GENERAL) REGULATION 1995 - REG 139

139 Renewal of commercial fishing licence

(1) The holder of a commercial fishing licence may apply in writing to the Minister for the renewal of his or her licence.

(2) The application is to be accompanied by a fee of:

(a) in the case of an application for a Class 1, 2 or 3 licence-$214, or

(b) in the case of an application for a Class 4 or Class 5 licence-$107.

(3) The Minister may refuse to renew the licence if:

(a) the applicant has been convicted of an offence under the Act or regulations made under the Act or of an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or

(b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or

(c) the applicant has been convicted of an offence relating to an assault on a fisheries official, or

(d) the applicant has, in the opinion of the Minister, contravened a condition of his or her licence or of an endorsement on that licence or of a permit issued to him or her under the Act, or

(e) the applicant has sold his or her licensed fishing boat or boats and the Minister is of the opinion that the applicant is not able to maintain a viable fishing operation because he or she has an insufficient number of licensed boats or catch history (as referred to in section 51 of the Act), or

(f) the application for renewal of the licence is received by the Minister more than 60 days after the date the licence would have expired (but for subclause (6)), or

(g) the applicant is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or

(h) the applicant has not paid any fee or contribution due and payable in connection with the renewal of his or her licence.

(4) The Minister may renew a licence for a period of 1 year or such other period as is specified in the licence.

(5) If an application is duly made for renewal of a commercial fishing licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence:

(a) is taken to continue in force until the licence is renewed or the application for renewal is refused, and

(b) may be renewed despite the fact that, but for this subclause, the licence would have expired.

(6) If an application for renewal of a commercial fishing licence is not received by the Minister before the expiration of the period in which it remains in force, the licence:

(a) is taken to continue in force for 30 days after the date the licence would have expired (but for this subclause), or until the licence is renewed or the application for renewal is refused, whichever happens first, and

(b) may be renewed despite the fact that, but for this subclause, the licence would have expired.

(7) If an application for renewal of a commercial fishing licence (other than a Class 4 or Class 5 licence) is received by the Minister more than 30 days after the date the licence would have expired (but for subclause (6)), an additional application fee of $107 is payable.

(8) An application for renewal of a commercial fishing licence (other than a Class 4 or Class 5 licence) received by the Minister more than 60 days after the date the licence would have expired (but for subclause (6)) may be treated as an application for the issue of a commercial fishing licence, but in such a case the total fee payable in respect of the application is the fee prescribed in respect of an application for the licence concerned under clause 136.