FISH RESOURCES MANAGEMENT ACT 1994 - SECT 58
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 58
58 . Management plan may provide for authorisations etc.
(1) Without limiting
section 56(3), a management plan may prohibit a person from engaging in
fishing or any fishing activity of a specified class in the fishery or any
part of the fishery otherwise than in accordance with an authorisation.
(2) The management
plan may —
(a)
provide for different classes of authorisations;
(b)
restrict the number of authorisations that can be granted or provide that no
further authorisations can be granted;
(c)
specify criteria to be satisfied before the CEO can grant an authorisation;
(d)
specify a procedure for determining which persons are to be granted
authorisations if the number of eligible persons seeking an authorisation
exceeds the number of authorisations that can be granted;
(e)
provide for the submission and consideration of objections to the grant of
authorisations;
(f)
provide for specified things to be endorsed on authorisations;
(g)
specify conditions to which authorisations are subject;
(h)
specify grounds on which the CEO may cancel, suspend or refuse to renew an
authorisation (in addition to those already specified in section 143(1)(a) to
(g));
(i)
specify a period for which an authorisation remains in
force after it has been granted or renewed;
(j)
specify criteria to be satisfied before the CEO can vary an authorisation on
the application of the holder of the authorisation;
(k)
specify grounds on which the CEO may refuse to transfer under section 140 an
authorisation or any part of an entitlement under an authorisation;
(l)
prescribe fees payable in respect of applications for —
(i)
the grant, renewal and variation of authorisations; or
(ii)
the transfer of authorisations or entitlements under
authorisations;
(m)
prescribe fees payable for the issue of authorisations.
(3) A fee prescribed
under subsection (2)(m) may include one or more of the following —
(a) an
amount in respect of the extent or value of any authority conferred by an
authorisation;
(b) an
amount in connection with any purpose referred to in section 238(5) that is
relevant to an authorisation;
(c) an
amount in respect of the costs of administering this Act.
(4) To the extent that
a management plan prescribes under subsection (2)(m) a fee that includes an
amount referred to in subsection (3) that is a tax, the management plan may
impose the tax.
[Section 58 amended: No. 28 of 2006 s. 236(1); No.
21 of 2011 s. 4; No. 22 of 2011 s. 4; No. 43 of 2011 s. 18.]