35Request for grant

35 Request for grant

(1) If a person to whom grant of an SFR is available does not make a request for the grant of the SFR within 30 days after AFMA sends a notice to the person under paragraph 29 (4) (a) of the Act, AFMA must send a notice (a reminder notice) to the person telling the person that the person must make the request within a period stated in the notice.

(2) If the person does not make the request within the period stated in the reminder notice, AFMA must send another notice (a final notice) to the person stating that the SFR will cease to be available to the person 14 days after the final notice is sent unless the person:

(a) makes the request; and

(b) explains why the person did not make the request within the period stated in the reminder notice.

(3) If, within 14 days after the final notice is sent to the person, the person does not:

(a) make the request; and

(b) satisfy AFMA that the person had a reasonable excuse for not making the request within the period stated in the reminder notice;

then:

(c) the grant ceases to be available to the person; and

(d) AFMA must amend its records accordingly.

Note Under subsection 23 (3) of the Act, AFMA must not grant a statutory fishing right to a person:

Note: (a) until the end of the period within which applications may be made to the Statutory Fishing Rights Allocation Review Panel for review of decisions in relation to grants; or

Note: (b) if an application has been made to the Panel — before the application has been dealt with by the Panel or otherwise disposed of.