FISHERIES ACT 1995 - SECT 155B Beneficial owners of abalone licences may seek new licence

FISHERIES ACT 1995 - SECT 155B

    (1)     The beneficial owner of a declared abalone licence under section 13A or a new abalone licence under section 13B of the Fisheries Act 1968 may apply to the Secretary at least 90 days before the relevant appointed day to be issued on the appointed day with an access licence—

        (a)     that authorises (in accordance with this Act) either the owner or a person approved by the Secretary to take abalone; and

        (b)     that otherwise has entitlements equivalent to those that applied to the licence immediately before the relevant appointed day.

    (2)     An application must be accompanied by—

        (a)     evidence in support of the claim of beneficial ownership; and

        (b)     any other information required by the Secretary.

    (3)     Upon receipt of an application, the Secretary must notify—

        (a)     the relevant licence holder; and

        (b)     any holder of a prescribed financial interest registered under section 14A of the Fisheries Act 1968 of the application.

    (4)     The licence holder and each holder of a prescribed financial interest must within 30 days of receiving the notice advise the Secretary in writing of their approval or disapproval of the proposed issue of an access licence to the beneficial owner.

    (5)     If a person does not give the Secretary the advice required by subsection (4) within the 30 days, the person is deemed to have disapproved of the proposed issue of that licence to the beneficial owner.

    (6)     If the licence holder and all the holders of a prescribed financial interest in the licence have not approved of the proposed issue of an access licence, the Secretary must not grant the application by the beneficial owner.

    (7)     The Secretary may refuse to grant an application if—

        (a)     the claimed beneficial ownership is not bona fide; or

        (b)     the applicant is not a fit and proper person; or

        (c)     if the applicant is a corporation, the applicant's nominee or any person in effective control of the corporation is not a fit and proper person.

    (8)     In considering an application, the Secretary—

        (a)     may refer the matter to the Commercial Fisheries Licensing Panel for advice; and

        (b)     must have regard to any recommendations made by the Panel.

    (9)     The Secretary must not issue a licence or permit under this section unless the Secretary is satisfied that—

        (a)     the holder or beneficial owner of the licence or permit satisfies the requirements of this section; and

        (b)     the issue of the licence or permit is consistent with the requirements of this section.

    (10)     Despite anything to the contrary in section 155A(c) and subsection (1), the Secretary may only issue one access licence in respect of each declared abalone licence under section 13A and each new abalone licence under section 13B of the Fisheries Act 1968 .

    (11)     If—

        (a)     more than one person who is entitled to, or who is entitled to apply for the issue of, a licence under this section applies for the licence; and

        (b)     they do not agree as to who the licence should be issued—

the Secretary must issue the licence to the licence holder pending the resolution of the dispute.

S. 155C inserted by No. 5/1997

s. 45.