Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 51

Issue of fishery licences

51. Issue of fishery licences



(1) Subject to this Act, the Secretary may issue a fishery licence on-

   (a)  the application of a person who satisfies the eligibility criteria, if
        any, for the issue of the licence; and

   (b)  the payment of any fees, royalties and levies payable in respect of
        the issue of the licence.

(2) An application for a fishery licence must be made in the form required by
the Secretary.

(3) In considering whether to issue a fishery licence to a person, the
Secretary must also have regard to any relevant recommendations of the
Commercial Fisheries Licensing Panel.

(3A) Despite anything to the contrary in any law, the Secretary may only issue
an access licence or an aquaculture licence to an individual, a single
corporation or a co-operative-the Secretary must refuse to issue such a
licence to a partnership or a consortium.

(3B) Despite anything to the contrary in any law, the Secretary may only issue
an access licence or an aquaculture licence to an individual who is an
Australian resident.

(3C) Despite anything to the contrary in any law, the Secretary may only issue
a fish receiver licence to an individual, a single corporation or a
co-operative.



(3D) The Secretary must refuse to issue a fish receiver licence to a
partnership or a consortium.





(4) The Secretary must refuse to issue a fishery licence if the Secretary
considers that-

   (a)  the applicant does not satisfy the relevant eligibility criteria, if
        any; or

   (b)  the issue of the fishery licence would be inconsistent with any
        regulations, Order in Council, fisheries notice, management plan or
        Ministerial direction; or

   (c)  the applicant has not satisfied the Secretary that he or she is a fit
        and proper person to hold the fishery licence; or

   (d)  the issue of the fishery licence would be inconsistent with an
        intergovernmental agreement or arrangement; or

   (e)  any other ground prescribed for the purposes of this subsection
        applies.

(4A) In the case of a licence that the Minister has determined under section
51A is to be publicly sold-

   (a)  the Secretary may only issue the licence to the person who was the
        successful party under the sale process; and

   (b)  the Secretary may only issue the licence to that person if there are
        no grounds under subsection (4) to refuse to issue the licence.

(4B) For the purposes of subsection (4A), the successful party under the sale
process is the first person who pays for the licence under the terms of the
sale who is also eligible to be issued the licence under subsection (4A)(b).

(5) If there is no relevant management plan, the Secretary may refuse to issue
a fishery licence if the Secretary considers that the issue of the fishery
licence would be harmful to the welfare of a fishery.

(6) If a licence is issued for a period of less than 1 year, the licence fee
payable for the licence is reduced pro rata (to the nearest month) to take
account of the reduced period for which it is to be in force.

(7) Despite subsection (6), a licence fee equal to the pro rata amount payable
for a month must be paid for a licence that is issued for less than a month.

(8) Subsections (6) and (7) also apply to any levy that is a fixed amount.

(9) Subsections (4), (5), (6), (7) and (8) do not apply to recreational
fishery licences.