FISHERIES ACT 1995 - SECT 51 Issue of fishery licences
FISHERIES ACT 1995 - SECT 51
Issue of fishery licencesS. 51(1) amended by No. 68/2016 s. 64(1).
(1) Subject to this Act, the Victorian Fisheries Authority 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.
S. 51(2) amended by No. 68/2016 s. 64(1).
(2) An application for a fishery licence must be made in the form required by the Victorian Fisheries Authority.
S. 51(3) amended by No. 68/2016 s. 64(1).
(3) In considering whether to issue a fishery licence to a person, the Victorian Fisheries Authority must also have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel.
S. 51(3A) inserted by No. 108/2003 s. 29(2), amended by No. 68/2016 s. 64(1).
(3A) Despite anything to the contrary in any law, the Victorian Fisheries Authority 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.
S. 51(3B) inserted by No. 108/2003 s. 29(2), amended by No. 68/2016 s. 64(1).
(3B) Despite anything to the contrary in any law, the Victorian Fisheries Authority may only issue an access licence or an aquaculture licence to an individual who is an Australian resident.
S. 51(3C) inserted by No. 58/2005 s. 11, amended by Nos 35/2009 s. 58(1), 68/2016 s. 64(1).
(3C) Despite anything to the contrary in any law, the Victorian Fisheries Authority may only issue a fish receiver licence to an individual, a single corporation or a co‑operative.
S. 51(3D) inserted by No. 58/2005 s. 11, amended by Nos 35/2009 s. 58(1), 68/2016 s. 64(2).
(3D) The Victorian Fisheries Authority must refuse to issue a fish receiver licence to a partnership or a consortium.
S. 51(4) amended by No. 68/2016 s. 64.
(4) The Victorian Fisheries Authority must refuse to issue a fishery licence if the Victorian Fisheries Authority 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
S. 51(4)(c) substituted by No. 35/2009 s. 58(2).
(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.
S. 51(4A) inserted by No. 108/2003 s. 28.
(4A) In the case of a licence that the Minister has determined under section 51A is to be publicly sold—
S. 51(4A)(a) amended by No. 68/2016 s. 64(1).
(a) the
Victorian Fisheries Authority may only issue the licence to the person who was
the successful party under the sale process; and
S. 51(4A)(b) amended by No. 68/2016 s. 64(1).
(b) the Victorian Fisheries Authority may only issue the licence to that person if there are no grounds under subsection (4) to refuse to issue the licence.
S. 51(4B) inserted by No. 108/2003 s. 28.
(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).
S. 51(5) amended by No. 68/2016 s. 64(1).
(5) If there is no relevant management plan, the Victorian Fisheries Authority may refuse to issue a fishery licence if the Victorian Fisheries Authority considers that the issue of the fishery licence would be harmful to the welfare of a fishery.
S. 51(6) amended by No. 35/2019 s. 8(2).
(6) If a licence is issued for a period of less than one 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.
S. 51A inserted by No. 108/2003 s. 27.