FISHERIES ACT 1995 - SECT 57 Certain licences may be renewed
FISHERIES ACT 1995 - SECT 57
Certain licences may be renewedS. 57(1) amended by Nos 35/2009 s. 61(3)(a), 68/2016 s. 69(1).
(1) The holder of an access licence, a fish receiver licence or any prescribed class of renewable licence may apply to the Victorian Fisheries Authority for the renewal of the licence in accordance with the regulations.
S. 57(1A) inserted by No. 35/2009 s. 61(1), amended by No. 68/2016 s. 69(1).
(1A) If an application for renewal of a licence is lodged before the licence expires, the licence continues in operation until the Victorian Fisheries Authority renews the licence or refuses to renew the licence.
S. 57(2) amended by No. 68/2016 s. 69(1).
(2) In considering whether to renew the licence, the Victorian Fisheries Authority must have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel.
S. 57(3) amended by No. 68/2016 s. 69(1).
(3) Subject to this section, the Victorian Fisheries Authority must renew the licence for a further period if the licence holder has a record of compliance with this Act.
S. 57(4) amended by Nos 35/2009 s. 61(2)(a), 68/2016 s. 69(2).
(4) If the Victorian Fisheries Authority considers that the holder of the licence has—
S. 57(4)(a) amended by No. 35/2009 s. 61(2)(b).
(a) ceased to satisfy any relevant eligibility criteria; or
S. 57(4)(b) substituted by No. 35/2009 s. 61(2)(c), amended by No. 68/2016 s. 69(2).
(b) failed to satisfy the Victorian Fisheries Authority that he or she continues to be a fit and proper person to hold the licence; or
S. 57(4)(c) amended by Nos 35/2009 s. 61(2)(d), 68/2016 s. 69(2).
(c) ceased to be actively, substantially and regularly engaged in the activities authorised by the licence—
the Victorian Fisheries Authority may by notice in writing served on the holder require the holder, within 14 days or such later period as is specified in the notice, to show sufficient cause why the renewal of the licence should not be refused.
S. 57(5) amended by No. 68/2016 s. 69(3).
(5) If the holder of the licence fails to show sufficient cause for renewing the licence, the Victorian Fisheries Authority may refuse to renew the licence.
S. 57(6) amended by Nos 35/2009 s. 61(3)(a), 68/2016 s. 69(4).
(6) The Victorian Fisheries Authority may refuse to renew a fish receiver licence if, in the opinion of the Victorian Fisheries Authority, the premises or place in respect of which the licence is issued is not appropriate for the activities authorised by the licence.
S. 57(7) amended by No. 68/2016 s. 69(5).
(7) If the Victorian Fisheries Authority refuses to renew a licence in accordance with this section, the licence is for the purposes of this Act deemed to have been cancelled.
S. 57(8) amended by No. 68/2016 s. 69(6).
(8) If the Victorian Fisheries Authority considers that the holder of the licence is not complying with any requirement applying to the licence by or under this Act, the Victorian Fisheries Authority may by notice in writing served on the holder defer the renewal of the licence until the licence holder satisfies the Victorian Fisheries Authority 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.
(9) A copy of any notice served on the holder of a licence in accordance with subsection (4) or (8) must, within 7 days of being served, be sent to each holder of a registered financial interest in the licence.
(10) If the renewal of a licence has been deferred under subsection (8), the licence is deemed as from the date of its expiry to have been suspended.
S. 57(11) amended by No. 68/2016 s. 69(7).
(11) The Victorian Fisheries Authority may defer the renewal of a licence while the licence is suspended by a court.
S. 57(12) inserted by No. 108/2003 s. 29(3) (as amended by No. 22/2004 s. 9(1)), amended by No. 68/2016 s. 69(8).
(12) Despite anything to the contrary in this
section, the Victorian Fisheries Authority may not renew an access licence or
an aquaculture licence unless the person who is to hold the renewed
licence is an individual, a single corporation or a co-operative.
S. 57(13) inserted by No. 58/2005 s. 12, amended by Nos 35/2009 s. 61(3)(b), 68/2016 s. 69(8).
(13) Despite anything to the contrary in this section, the Victorian Fisheries Authority may not renew a fish receiver licence unless the person who is to hold the renewed licence is an individual, a single corporation or a co-operative.
S. 57(14) inserted by No. 35/2009 s. 61(4), amended by No. 68/2016 s. 69(9).
(14) The Victorian Fisheries Authority may refuse to renew a licence under this section because of the commission of an offence of a type referred to in section 128(1) by the holder of the licence despite a court deciding not to suspend or cancel the licence under that section on convicting or finding the holder guilty of that offence.
S. 57A inserted by No. 108/2003 s. 30 (as amended by No. 22/2004 s. 9(2)(a)-(d)).