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Fisheries Act 1988
9ARegistration of third party interests
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9A Registration of third party interests
(1) A person who holds a third party interest in a licence, or quota
allocated to a licence, may apply, in the approved form
accompanied by the prescribed fee, to the Director to register the
third party interest.
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(2) Within 28 days after receiving the application, the Director must:
(a) give the applicant written notice that the application has been
received; and
(b) give the licensee written notice that:
(i) the application has been received; and
(ii) the licensee may, within 28 days after the date of the
notice, lodge with the Director a written objection to the
registration of the third party interest.
(3) If the Director receives an objection in accordance with
subsection (2)(b)(ii), the Director must not register the third party
interest unless the objection is subsequently withdrawn in writing by
the licensee.
(4) If the Director:
(a) does not receive an objection in accordance with
subsection (2)(b)(ii); or
(b) receives an objection in accordance with subsection (2)(b)(ii)
that is subsequently withdrawn in accordance with
subsection (3),
the Director must register the third party interest.
(4A) A third party interest is registered by entering the particulars of the
interest in the appropriate register kept under section 9(1).
(5) If an application is made under this section, the Director must not
approve the transfer of the licence under section 16A, or the
transfer of the quota, until the Director has registered or refused to
register the third party interest, even if the application for approval
was received before the application for registration was received.
(6) The Director must remove from a register kept under section 9(1)
particulars of a third party interest:
(a) if requested to do so in writing by the person who holds the
third party interest; or
(b) if requested to do so in writing by the licensee in whose
licence or quota the third party interest is held and the person
who holds the third party interest has consented in writing to
the removal.
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