Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 57

Certain licences may be renewed

57. Certain licences may be renewed





(1) The holder of an access licence, a fish receiver licence or any prescribed
class of renewable licence may apply to the Secretary for the renewal of the
licence in accordance with the regulations.

(1A) If an application for renewal of a licence is lodged before the licence
expires, the licence continues in operation until the Secretary renews the
licence or refuses to renew the licence.

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

(3) Subject to this section, the Secretary must renew the licence for a
further period if the licence holder has a record of compliance with this Act.

(4) If the Secretary considers that the holder of the licence has-



   (a)  ceased to satisfy any relevant eligibility criteria; or



   (b)  failed to satisfy the Secretary that he or she continues to be a fit
        and proper person to hold the licence; or

   (c)  ceased to be actively, substantially and regularly engaged in the
        activities authorised by the licence-

the Secretary 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.

(5) If the holder of the licence fails to show sufficient cause for renewing
the licence, the Secretary may refuse to renew the licence.

(6) The Secretary may refuse to renew a fish receiver licence if, in the
opinion of the Secretary, the premises or place in respect of which the
licence is issued is not appropriate for the activities authorised by the
licence.

(7) If the Secretary refuses to renew a licence in accordance with this
section, the licence is for the purposes of this Act deemed to have been
cancelled.

(8) If the Secretary considers that the holder of the licence is not complying
with any requirement applying to the licence by or under this Act, the
Secretary may by notice in writing served on the holder defer the renewal of
the licence until the licence 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.

(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.

(11) The Secretary may defer the renewal of a licence while the licence is
suspended by a court.

(12) Despite anything to the contrary in this section, the Secretary 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.

(13) Despite anything to the contrary in this section, the Secretary 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.

(14) The Secretary 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.