26Registration as an eligible person — minor line SFRs (Act s 26)

26 Registration as an eligible person — minor line SFRs (Act s 26)

(1) A person is eligible for the grant of 1 or more minor line SFRs if:

(a) on 30 November 2002, the person held an old minor line permit; and

(b) the permit forms part of a sequence of old minor line permits; and

(c) before the end of the notice period, the person applied, under section 26 of the Act, for registration as an eligible person for a grant of the SFRs.

Note For the meaning of sequence, see section 4A.

(2) A person who is not eligible under subsection (1) is eligible for the grant of 1 minor line SFR if:

(a) the person used an Australian boat to engage in commercial minor line fishing in the high seas zone between 1 January 1992 and 10 December 2001 (inclusive); and

(b) the person did not engage in commercial minor line fishing in the AFZ (other than by the carrying of fish taken in the high seas zone) during the period mentioned in paragraph (a); and

(c) the person submits evidence of the fishing mentioned in paragraph (a) to AFMA; and

(d) before the end of the notice period, the person applied, under section 26 of the Act, for registration as an eligible person for a grant of the SFRs.

Note 1 See section 24 of the Act about publication of a notice by AFMA declaring that AFMA intends to grant SFRs for fishing in a managed fishery.

Note 2 An application for registration as an eligible person for the grant of a statutory fishing right must be made within the period stated in a notice published under section 24 of the Act — see paragraph 25 (f) and subsection 26 (1) of the Act.

Note 3 Under subsection 26 (2) of the Act, AFMA must register as an eligible person an applicant for registration who meets the conditions for registration and who has paid the prescribed fee (if any). At present there is no prescribed fee.

Note 4 Section 165 of the Act provides that a person has a right of review in relation to a relevant decision, which includes a decision to register the person as eligible for the grant of a fishing right, or to grant or refuse to grant, a fishing right to the person. Application may be made to the Administrative Appeals Tribunal for review of a decision under that section — see subsection 165 (7).

Division 4.4 Registration of eligible persons for grant of boat SFRs