Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 91

  (1)   AFMA may, by notice published in the Gazette , declare a specified fishery to be a fishery to which this Division applies.

  (2)   AFMA may, upon application made in the approved form, grant to a person a fish receiver permit authorising the person to receive fish from a person engaged in commercial fishing in a specified fishery declared under subsection   (1).

  (3)   An application made for the grant of a fish receiver permit must provide AFMA with such information as it reasonably requires for a proper consideration of the application.

  (4)   A fish receiver permit is granted subject to the following conditions:

  (a)   if the permit relates to a managed fishery--the permit will cease to have effect if the plan of management for the fishery is revoked under subsection   20(3);

  (b)   the permit may, under subsection   75(7), cease to have effect;

  (c)   the permit may be cancelled under Division   8 of Part   3;

  (d)   no compensation is payable because the permit is cancelled, ceases to have effect or ceases to apply to a fishery.

  (5)   A permit under this section:

  (a)   is subject to such other conditions as are specified in the permit; and

  (b)   may specify premises at which fish received under the permit by the holder of the permit are to be kept while in possession of the holder; and

  (c)   comes into force on the day specified for the purpose in the permit, or if no day is so specified, on the day on which it is granted; and

  (d)   subject to this Act, remains in force until the day specified for the purpose in the permit not being a day later than 12 months after the day on which it came into force.

  (6)   AFMA may, by written notice given to the holder of the permit, whether or not at the request of the holder, vary or revoke a condition of the permit (not being a condition mentioned in subsection   (4)) or specify a condition or a further condition to which the permit is to be subject.

  (7)   A permit ceases to be in force if the holder of the permit surrenders the permit by written notice given to AFMA.

  (8)   A permit is to be in the approved form.

  (9)   Division   8 of Part   3 applies in relation to a permit as if the permit were a fishing concession.

  (10)   AFMA may, upon application made by the holder of a permit, renew the permit from time to time for a period that is not greater than 12 months.