44Transfer of SFRs (Act s 49)

44 Transfer of SFRs (Act s 49)

(1) The owner of an SFR (the transferor) may apply to AFMA, in an approved form, for approval to transfer the SFR to someone else (the transferee).

(2) For subsection (1), an application must be accompanied by:

(a) the certificate for the SFR; or

(b) a statement, signed by the transferor, that the certificate is not available, including the reason why the certificate is not available.

(3) AFMA must not approve the transfer of an SFR:

(a) if a proceeding for an offence under the Act or Regulations has begun against the transferor and has not been decided; or

(b) if an application for registration of another interest in the SFR has been received by AFMA before the application for transfer is received, and has not been dealt with; or

(c) if the SFR has been suspended under subsection 38 (1) or (3), or paragraph 98 (3) (d), of the Act; or

(d) if AFMA:

(i) knows of a ground for suspension of the SFR under subsection 38 (1) or (3) of the Act or cancellation of the SFR under section 39 of the Act; and

(ii) has not decided whether to suspend or cancel the SFR; or

(e) if AFMA has decided to suspend or cancel the SFR, and:

(i) the period within which an application for review of that decision may be made has not ended; or

(ii) an application has been made for review of that decision, and the application has not been decided; or

(f) within the period beginning 14 days before the issue of a levy invoice for the SFR and ending when the levy is paid; or

(g) if a logbook that relates to the SFR has not been completed and submitted to AFMA by the date of the transfer.

(4) AFMA may approve the transfer of an SFR despite paragraph (3) (g) if the transferor provides a written statement to AFMA explaining why the logbook information can not be submitted.

Note 1 AFMA may decline to approve the transfer of a statutory fishing right only if the transfer would be contrary to this Management Plan or a condition of the right — see subsection 49 (2) of the Act.

Note 2 A decision under section 49 of the Act is subject to reconsideration under section 165 of the Act — see subsection 165 (2). Application may be made to the Administrative Appeals Tribunal for review of a decision under section 165 of the Act — see subsection 165 (7).

Note 3 The right to transfer a statutory fishing right is subject to a condition stated in the certificate for the right — see paragraph 22 (4) (a) of the Act.