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Fisheries Act 1988
16Expiry and renewals
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16 Expiry and renewals
(1) Subject to this Act, the Regulations and any relevant management
plan, a licence or permit expires:
(a) at the end of the period for which it was granted; or
(b) if an annual instalment of the licence or permit fee is not paid,
at the end of the last year in respect of which instalments have
been paid.
(2) A person may apply to the Director for renewal of a licence or
permit before the expiry of the licence or permit or, subject to
subsection (3), after the expiry.
(3) The Director may receive and process an application for the
renewal of a licence or permit at any time within 5 months after the
expiry of the licence or permit.
(4) If the Director receives an application under subsection (3), the
licence or permit is taken not to expire until the earlier of the
(a) the day 5 months after the expiry of the licence or permit;
(b) the day a decision is made on the application.
(4A) Despite subsection (4), the licence or permit does not authorise any
fishing operations, other than the possession of fishing gear, from
the day of its expiry until it is renewed.
Note for subsection (4A)
The applicant is allowed to be in possession of fishing gear that is prohibited
without a licence or permit.
Fisheries Act 1988 22
(5) The Director must renew the licence or permit if satisfied that:
(a) the applicant has satisfied any requirements or matters
prescribed by regulation as being relevant to an application for
the type of licence or permit being renewed; and
(b) it is otherwise appropriate to do so, taking into consideration
any Ministerial guidelines and any other matter the Director
considers relevant; and
(c) the licence or permit is not suspended.
(6) If the Director is not satisfied as mentioned in subsection (5), the
Director must refuse to renew the licence or permit.