51Issue of fishery licences

51 Issue of fishery licences

S. 51(1) amended by No. 68/2016 s. 64(1).

(1) Subject to this Act, the Victorian Fisheries Authority may issue a fishery licence on—

(a) the application of a person who satisfies the eligibility criteria, if any, for the issue of the licence; and

(b) the payment of any fees, royalties and levies payable in respect of the issue of the licence.

S. 51(2) amended by No. 68/2016 s. 64(1).

(2) An application for a fishery licence must be made in the form required by the Victorian Fisheries Authority.

S. 51(3) amended by No. 68/2016 s. 64(1).

(3) In considering whether to issue a fishery licence to a person, the Victorian Fisheries Authority must also have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel.

S. 51(3A) inserted by No. 108/2003 s. 29(2), amended by No. 68/2016 s. 64(1).

(3A) Despite anything to the contrary in any law, the Victorian Fisheries Authority may only issue an access licence or an aquaculture licence to an individual, a single corporation or a co‑operative—the Secretary must refuse to issue such a licence to a partnership or a consortium.

S. 51(3B) inserted by No. 108/2003 s. 29(2), amended by No. 68/2016 s. 64(1).

(3B) Despite anything to the contrary in any law, the Victorian Fisheries Authority may only issue an access licence or an aquaculture licence to an individual who is an Australian resident.

S. 51(3C) inserted by No. 58/2005 s. 11, amended by Nos 35/2009 s. 58(1), 68/2016 s. 64(1).

(3C) Despite anything to the contrary in any law, the Victorian Fisheries Authority may only issue a fish receiver licence to an individual, a single corporation or a co‑operative.

S. 51(3D) inserted by No. 58/2005 s. 11, amended by Nos 35/2009 s. 58(1), 68/2016 s. 64(2).

(3D) The Victorian Fisheries Authority must refuse to issue a fish receiver licence to a partnership or a consortium.

S. 51(4) amended by No. 68/2016 s. 64.

(4) The Victorian Fisheries Authority must refuse to issue a fishery licence if the Victorian Fisheries Authority considers that—

(a) the applicant does not satisfy the relevant eligibility criteria, if any; or

(b) the issue of the fishery licence would be inconsistent with any regulations, Order in Council, fisheries notice, management plan or Ministerial direction; or

S. 51(4)(c) substituted by No. 35/2009 s. 58(2).

(c) the applicant has not satisfied the Secretary that he or she is a fit and proper person to hold the fishery licence; or

(d) the issue of the fishery licence would be inconsistent with an intergovernmental agreement or arrangement; or