FISHERIES ACT 1994 - SECT 241 Continuing effect of existing licences or permits

FISHERIES ACT 1994 - SECT 241

241 Continuing effect of existing licences or permits

(1) This section applies to the following authorities in force immediately before the commencement of this section or issued under section 252—

(a) an aquaculture licence other than an aquaculture licence for harvesting wild oysters from foreshores;

(b) a permit for the performance of works in a declared fish habitat area;

(c) a permit for the removal, destruction or damage of marine plants.

(2) From the commencement, the authority has effect as if—

(a) the authority were a development permit, for which the chief executive was the assessment manager, for—

(i) if the authority is an aquaculture licence—a material change of use of premises; or

(ii) if the authority is a permit for the performance of works in a declared fish habitat area or for the removal, destruction or damage of marine plants—operational works; and

(b) the conditions of the authority, to the extent they relate to development, were conditions of the development permit; and

(c) the term of the authority were the currency period of the development permit; and

(d) if the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area—

(i) the relevant resource allocation authority for the development had been issued; and

(ii) the conditions of the authority, to the extent they relate to the use of a declared fish habitat area, Queensland waters or unallocated tidal land, were conditions of the resource allocation authority; and

(iii) the term of the authority were the term of the resource allocation authority.

Editor’s note—

See section 76B for developments that require a resource allocation authority.

(3) However, subsection (2) applies only to authorise the holder of the authority to carry out activities for which an authority mentioned in subsection (1) could have been granted under the unamended Act .

(4) If the currency period does not end within 6 months after the commencement, the chief executive must, as soon as practicable, issue the holder of the authority—

(a) a development permit; and

(b) if the development under a development permit would, if the development permit was applied for after the commencement, require a resource allocation authority for Queensland waters, unallocated tidal land or declared fish habitat area—a relevant resource allocation authority for the development.

(5) A development permit or resource allocation authority issued under subsection (4) must state—

(a) for the permit—the currency period for, and conditions of, the permit; or

(b) for the authority—the term and conditions of the authority.