Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A request
under section 32 of the Act for the approval of a transfer is to be made
to the Executive Director in an approved form (or, if no form is approved, in
writing) with the appropriate fee as set out in the Table to this regulation.
Table
|
Lease, licence or right being transferred |
Fee ($) |
|---|---|
|
Farm lease or a right conferred by a farm lease
.............................................................. |
|
|
Pearling licence or a right conferred by a pearling licence (other than a
quota) ........... |
|
|
Hatchery licence or a right conferred by a hatchery licence (other than a
quota) .......... |
|
|
All or part of a quota as referred to in section 32(5) of the Act
............................... |
|
(2) A request for the
approval of a transfer (an approved transfer ) under section 32(5) of the
Act of part, or all, of a quota (the approved quota ) may be made in relation
to a permanent or temporary approved transfer, but the request can be made
only if the holder of the licence from which part, or all, of the quota is to
be transferred —
(a) has
returned to an inspector any tags issued in relation to the approved quota;
and
(b) in
relation to a permanent approved transfer — has paid any
outstanding fee for the issue or renewal of the licence (including any
instalments that are not yet due).
(3) On an approved
transfer taking place, the conditions of the licence from which, and of the
licence to which, the approved quota is transferred are varied as specified by
the Executive Director by notice in writing served on the holder of the
licence.
(4) Without limiting
subregulation (3), a notice under that subregulation to the holder of a
licence is to specify the variation in the quota that applies to the licence
as a result of the approved transfer.
(5) In the case of a
temporary approved transfer, any variation under subregulation (3) to the
conditions of a licence ceases to have effect on the expiry of the period
during which the approved transfer has effect.
[Regulation 9 inserted in Gazette
17 Dec 1999 p. 6203; amended in Gazette 28 Jun 2002
p. 3068-9; 10 Sep 2002 p. 4594-5; 7 Oct 2003
p. 4381; 15 Nov 2005 p. 5598; 10 Jul 2007
p. 3418.]