FISH RESOURCES MANAGEMENT ACT 1994 - SECT 142
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 142
142 . Varying authorisations
(1) The CEO may vary
an authorisation if —
(a) the
holder of the authorisation applies to the CEO for the variation; or
(b) it
is necessary to correct any error in the authorisation; or
(c) it
is necessary to give effect to the provisions of this Act.
(2) Subject to
subsection (3), if a person applies to the CEO for the variation of an
authorisation the person is not entitled to the variation as of right.
(3) If —
(a) a
management plan specifies criteria for the variation of an authorisation; and
(b) a
person applies to the CEO for the variation of such an authorisation; and
(c) the
CEO is satisfied that the criteria have been satisfied,
the CEO is to vary the
authorisation.
(4) If the CEO
receives an application to vary an authorisation, the CEO must, as soon as
practicable after receiving the application, notify the Registrar of the
application.
(5) If the Registrar
gives written details under section 130 to a security holder of an application
to vary an authorisation —
(a) the
Registrar must notify the CEO of that fact; and
(b) the
CEO must not vary the authorisation before the expiration of 21 days from the
day on which the details were given.
(6) Despite subsection
(5), the CEO may vary the authorisation before the expiration of the period
specified in that subsection if the CEO has the written consent of the holder
of the authorisation and the security holder to do so.
[Section 142 amended: No. 28 of 2006 s. 236(1).]