Fisheries Management (Miscellaneous Fishery) (Licence Transfer) Variation Regulations 2021 (SA)

South Australia

Fisheries Management (Miscellaneous Fishery) (Licence Transfer) Variation Regulations 2021

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fisheries Management (Miscellaneous Fishery) Regulations 2015

4            Variation of regulation 3—Interpretation

5            Insertion of regulation 5A

5A          Transfer of licence

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Miscellaneous Fishery) (Licence Transfer) Variation Regulations 2021.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Fisheries Management (Miscellaneous Fishery) Regulations 2015

4—Variation of regulation 3—Interpretation

Regulation 3(3)(a)—delete paragraph (a) and substitute:

(a)common and scientific fish names are given according to AS5300—2019 Australian Fish Names Standard published by the Fisheries Research & Development Corporation, as in force from time to time;

5—Insertion of regulation 5A

After regulation 5 insert:

5A—Transfer of licence

(1)Licences in respect of the fishery are transferable.

(2)An application for consent to the transfer of a licence must be accompanied by—

(a)the licence to be transferred; and

(b)a form of return as required by regulation 11 completed by the holder of the licence up to the date of application; and

(c)if the transferee is a company—a current company extract relating to the transferee.

(3)The Minister may only consent to the transfer of a licence if satisfied as to the following:

(a)that any fees or other amounts payable in relation to the licence under the Act have been paid in full;

(b)that the licence to be transferred has not been suspended;

(c)that no proceedings alleging an offence against the Act are pending or likely to be commenced in the State against the holder of the licence;

(d)if the transferee is a natural person, that the transferee is at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery;

(e)if the transferee is a company, that each director of the company is a fit and proper person to be a director of a company that holds a licence in respect of the fishery;

(f)if a boat registered for use under the licence is the subject of, or registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement to take fish granted under a law of the Commonwealth or a corresponding law—

(i)that the entitlement is either to be transferred together with the licence to the transferee or to be surrendered on or before the transfer of the licence; or

(ii)that—

(A)the transfer of the licence separately from the entitlement is not likely to result in fishing activities that over‑exploit or endanger the aquatic resources of the State; and

(B)the person or body that granted the entitlement concurs with the separate transfer of the licence.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 1 July 2021

No 106 of 2021