FISH RESOURCES MANAGEMENT ACT 1994 - SECT 257
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 257
257 . Regulations about licensing
(1) The regulations
may provide for the licensing of any of the following —
(a)
persons engaged in commercial fishing;
(ba)
Aboriginal bodies corporate engaged in commercial fishing, but a licence
granted or renewed under this provision cannot be transferred despite any
other provision of this Act;
(bb)
masters of boats used for purposes relating to commercial fishing;
(bc)
persons engaged in diving for purposes relating to commercial fishing,
aquaculture or aquatic eco-tourism;
(bd)
persons collecting fish (including protected fish) for broodstock and other
aquaculture purposes;
(b)
individuals engaged in recreational fishing;
(ca)
boats (including foreign boats) used for purposes relating to recreational
fishing;
(cb)
persons engaged in specified activities in a fish habitat protection area;
(c)
fishing boats;
(d)
boats used for transporting or trans-shipping fish for a commercial purpose;
(e)
boats used in connection with aquaculture;
(f)
charter boats;
(g)
persons engaged in aquatic eco-tourism or the provision of fishing tours for a
commercial purpose;
(h)
persons engaged in selling specified classes of fish that have been produced
by means of aquaculture;
(i)
persons engaged in the possession, unloading, transport,
consignment, handling, labelling, delivery, receival, storage, packaging,
purchase or sale of fish.
(2) For the purpose of
giving effect to subsection (1), the regulations may do any of the following
—
(a)
prohibit a person from operating or using a boat, or engaging in an activity,
referred to in subsection (1) unless the person is authorised to do so by a
specified licence;
(b)
authorise the CEO to grant licences authorising persons to operate or use
boats, or to engage in activities, referred to in subsection (1);
(c)
specify the criteria to be applied by the CEO in determining whether or not to
grant such licences;
(d)
provide, subject to sections 136A and 143, for the renewal of such licences;
(e)
authorise conditions to be specified on licences by the CEO or prescribed by
the regulations and provide for conditions specified on a licence to be
deleted, varied or added to;
(f)
prohibit a person from contravening a condition of a licence;
(g)
specify the duration of licences and any other matter relating to the
licences;
(h)
prohibit a person who has been convicted of a prescribed offence from being on
any boat in a prescribed class of boats for a prescribed period after the
conviction unless the person holds a prescribed authorisation and the
authority conferred by the authorisation is in effect.
[Section 257 amended: No. 5 of 1997 s. 59; No. 41
of 2000 s. 10; No. 28 of 2006 s. 236(1); No. 43 of 2011 s. 73.]