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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT (LICENSING) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 78A inserted
78A. Grant of licence previously cancelled
[Bill 31]-VI
2
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT (LICENSING) BILL 2009
(Brought in by the Honourable James Scott Wilkinson)
A BILL FOR
An Act to amend the Living Marine Resources Management
Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Living Marine
Resources Management Amendment (Licensing)
Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Living Marine Resources
Management Act 1995* is referred to as the
Principal Act.
*No. 25 of 1995
[Bill 31] 3
Living Marine Resources Management Amendment (Licensing)
Act 2009
Act No. of
s. 4
4. Section 78A inserted
After section 78 of the Principal Act, the
following section is inserted in Division 5:
78A. Grant of licence previously cancelled
(1) Despite section 78(2A), the Minister may
grant an application for a licence, subject
to any condition the Minister determines,
if satisfied that
(a) the licence is to replace a former
licence of the same kind; and
(b) it has been at least 5 years since
the date of the offence that
resulted in the 200th demerit
point being allocated to the
licence; and
(c) the former licence ceased to be in
force before the commencement
of the Living Marine Resources
Management (Miscellaneous
Amendments) Act 2007; and
(d) the applicant
(i) was the holder of the
former licence at the time
the licence ceased to be in
force; and
(ii) was not the person
convicted of any of the
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Living Marine Resources Management Amendment (Licensing)
Act 2009
Act No. of
s. 4
offences that resulted in
the demerit points being
allocated to the former
licence; and
(iii) is a fit and proper person
to hold the licence; and
(iv) has satisfied the Minister
that he or she has not
received, and is unlikely
to receive, compensation
for the former licence
through any other action;
and
(v) has complied with this
Act; and
(vi) within 5 years before the
date of the application,
has not been convicted of
any offence under this
Act, any other Act or a
corresponding law which
the Minister considers
relevant to the holding of
a licence; and
(e) granting the application is
unlikely to contravene a
management plan; and
(f) there are no environmental or
resource constraints in granting
the application; and
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Living Marine Resources Management Amendment (Licensing)
Act 2009
Act No. of
s. 4
(g) the applicant is, in the case of a
natural person who is applying
for a licence for commercial
purposes, an adult; and
(h) the applicant has paid the
appropriate levies, fees and
charges; and
(i) it is appropriate to do so.
(2) The Minister may refuse to grant a
licence if not satisfied as required under
subsection (1).
(3) The Minister may delegate to any person
the power to grant or refuse an
application under this section for
particular types or classes of licences.
(4) For the purposes of Division 3 of Part 10,
a decision to grant or refuse an
application for a licence under this
section is a prescribed decision.
(5) This section expires one year after the
Living Marine Resources Management
Amendment (Licensing) Act 2009
commences.
(6) In this section
"former licence" means a licence that
ceased to be in force under
section 247, as in force at the
time the licence ceased to be in
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Living Marine Resources Management Amendment (Licensing)
Act 2009
Act No. of
s. 4
force, as a result of having 200
demerit points allocated to it.
Government Printer, Tasmania 7