sec.59Refusal to issue or renew

### sec.59 Refusal to issue or renew The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. The authority was issued in error or because of a document or representation— that is false, misleading or omits a material particular; or obtained or made in another improper way. The applicant has been convicted of a fisheries offence. The applicant has had any of the following (a fisheries authority ) cancelled or suspended— a licence, permit, concession or other authority issued under fisheries legislation a fisheries development approval. The applicant has not complied with a condition of a fishing authority. The applicant has not kept or given returns as required by the chief executive under this Act. The applicant has given a false or misleading return to the chief executive under this Act. The applicant has been convicted of an indictable offence. The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation. The applicant has not paid fees payable under this Act. Another matter specified in a relevant regulation. Compensation is not payable if the chief executive refuses to issue or renew an authority. However, subsection (2) does not prevent a regulation providing for payment of compensation. s 59 amd 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 23 ; 2019 No. 6 s 3 sch 1 amd 2024 No. 17 s 163 (uncommenced amendment) (sec.59-ssec.1) The chief executive may refuse to issue or renew an authority if the chief executive is satisfied the refusal is necessary or desirable for the best management, use, development or protection of fisheries resources or fish habitats. The authority was issued in error or because of a document or representation— that is false, misleading or omits a material particular; or obtained or made in another improper way. The applicant has been convicted of a fisheries offence. The applicant has had any of the following (a fisheries authority ) cancelled or suspended— a licence, permit, concession or other authority issued under fisheries legislation a fisheries development approval. The applicant has not complied with a condition of a fishing authority. The applicant has not kept or given returns as required by the chief executive under this Act. The applicant has given a false or misleading return to the chief executive under this Act. The applicant has been convicted of an indictable offence. The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation. The applicant has not paid fees payable under this Act. Another matter specified in a relevant regulation. (sec.59-ssec.2) Compensation is not payable if the chief executive refuses to issue or renew an authority. (sec.59-ssec.3) However, subsection (2) does not prevent a regulation providing for payment of compensation. - 1 The authority was issued in error or because of a document or representation— (a) that is false, misleading or omits a material particular; or (b) obtained or made in another improper way. - (a) that is false, misleading or omits a material particular; or - (b) obtained or made in another improper way. - 2 The applicant has been convicted of a fisheries offence. - 3 The applicant has had any of the following (a fisheries authority ) cancelled or suspended— • a licence, permit, concession or other authority issued under fisheries legislation • a fisheries development approval. - • a licence, permit, concession or other authority issued under fisheries legislation - • a fisheries development approval. - 4 The applicant has not complied with a condition of a fishing authority. - 5 The applicant has not kept or given returns as required by the chief executive under this Act. - 6 The applicant has given a false or misleading return to the chief executive under this Act. - 7 The applicant has been convicted of an indictable offence. - 8 The applicant has not satisfied the training or competency requirements or other criteria for the authority as decided by the chief executive or prescribed by regulation. - 9 The applicant has not paid fees payable under this Act. - 10 Another matter specified in a relevant regulation. - (a) that is false, misleading or omits a material particular; or - (b) obtained or made in another improper way. - • a licence, permit, concession or other authority issued under fisheries legislation - • a fisheries development approval.