Northern Territory Consolidated Acts

FISHERIES ACT - SECT 14

(1) Where a corporation applies for a licence or permit, or 2 or more natural persons apply together for a licence or permit, a natural person must be nominated in the application to be a nominated person in respect of the licence or permit and the Director may approve such a person accordingly.

(2) The holder of a licence or permit, or an applicant for a licence or permit, who is a natural person may, on the approved form, nominate a natural person to be a nominated person in respect of the licence or permit held by the person or for which an application is made and the Director may approve such a person accordingly.

(3) The holder of a licence or permit, or an executor or administrator of the estate of a natural person who was the holder of a licence or permit, may, on the approved form, nominate another person in substitution for the person approved under subsection (1) or (2), and the Director may approve the other person to be the nominated person in the place of the person originally approved.

(4) Where more than one person is, or is to be, a nominated person in respect of a licence or permit, the Director is to specify in each approval under this section in relation to the licence or permit the place, area or type of operations in respect of which the person to whom the approval relates is to be the nominated person in respect of the licence or permit, and the person is, for the purposes of this Act and any instrument of a legislative or administrative character made under this Act, the nominated person in respect of the licence or permit in relation to only those places, areas or types of operations accordingly.

(5) Where a person intends to cease to act as a nominated person he or she must -

(a) notify the holder of the licence or permit in respect of which he or she is the nominated person; and

(b) notify the Director in writing,

of the date on and from which he or she intends to cease to act as a nominated person.

Penalty: $1000.

(6) A person ceases to be a nominated person in respect of a licence or permit -

(a) on the date specified by him or her in a notice under subsection (5)(b); or

(b) if another person is approved under subsection (3) to be the nominated person in his or her place, on the date the approval takes effect,

whichever occurs first.

(7) Where a person is no longer acting as a nominated person (whether the person has ceased to be the nominated person under subsection (6)(a) or not), a person must not take or sell fish or aquatic life under the licence or permit -

(a) in the case of a licence or permit held by a corporation - until the date an approval under subsection (3) of another person to be the nominated person takes effect; or

(b) in the case of a licence or permit held by a natural person -

(i) until the date an approval under subsection (3) of another person to be the nominated person takes effect; or

(ii) unless the licensee or permit holder conducts the operations during which the fish or aquatic life are taken or sold for the purposes of the licence.

Penalty: $10,000.

(8) A nominated person is, subject to subsections (4) and (9), deemed to be a holder of the licence or permit, as the case may be, for the purposes of this Act and each instrument of an administrative or legislative character made under it.

(9) The Director may, by notice in the Gazette , specify that a nominated person is not deemed to be a holder of a licence or permit for the purposes of a provision of this Act or of an instrument of an administrative or legislative character made under this Act.