Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 56

Transfer of licences

56. Transfer of licences



(1) This section applies to a fishery licence that is transferable.

(2) The holder of the licence or a registered financial interest in the
licence may, together with the proposed transferee, apply to the Secretary for
the transfer of the licence to the transferee in accordance with the
regulations.

(3) The Secretary must grant an application for the transfer of the licence
if-



   (a)  the proposed transferee has satisfied the Secretary that he or she is
        a fit and proper person to hold the licence and satisfies any relevant
        eligibility criteria; and

   (b)  the Secretary is satisfied that the licence is not subject to any
        action under sections 57 or 58; and

   (c)  in the case of a licence to be transferred by the holder of the
        licence, the Secretary is satisfied that the holders of any registered
        financial interests in the licence consent to the transfer of the
        licence; and

   (d)  in the case of a licence to be transferred by the holder of a
        registered financial interest, the Secretary is satisfied that-

   (i)  the holder of the licence was, within 7 days of the Secretary
        receiving the application, given notice by the Secretary of the
        application to transfer the licence; and

   (ii) any other holders of a registered financial interest in the licence
        consent to the transfer.

(4) The Secretary must not grant an application for the transfer of the
licence if the transfer would be inconsistent with the regulations, a
Ministerial direction or a management plan.

(5) In considering whether to transfer the licence, the Secretary must also
have regard to any relevant recommendations of the Commercial Fisheries
Licensing Panel.

(6) The Secretary may grant the application for the transfer subject to any
conditions the Secretary thinks appropriate and that are not inconsistent with
the regulations, Ministerial direction or a management plan.

(7) If the Secretary considers that the holder of the licence is not complying
with any requirement applying to the licence under this Act, the Secretary may
by notice in writing served on the holder defer the transfer of the licence
until the holder satisfies the Secretary that the requirement has been
complied with or that the holder is taking or has taken all reasonable steps
to comply with the requirements of the licence.

(8) The Secretary may defer consideration of an application to transfer a
licence if-

   (a)  a charge for an offence has been filed at a court, but has not been
        finally dealt with; and

   (b)  the charge, if found proven-

   (i)  may result in the suspension or cancellation of the licence; or

   (ii) may result in the forfeiture of one or more individual quota units in
        respect of the licence; or

   (iii) would provide grounds for a finding by the Secretary that the person
        to whom the licence is to be transferred is not a fit and proper
        person to hold the licence or does not satisfy any relevant
        eligibility criteria.

(9) A copy of any notice served on the holder of a licence in accordance with
subsection (3)(d)(i) or (7) must within 7 days of being served on the licence
holder be sent to each holder of a registered financial interest in the
licence.