57Certain licences may be renewed

57 Certain licences may be renewed

S. 57(1) amended by Nos 35/2009 s. 61(3)(a), 68/2016 s. 69(1).

(1) The holder of an access licence, a fish receiver licence or any prescribed class of renewable licence may apply to the Victorian Fisheries Authority for the renewal of the licence in accordance with the regulations.

S. 57(1A) inserted by No. 35/2009 s. 61(1), amended by No. 68/2016 s. 69(1).

(1A) If an application for renewal of a licence is lodged before the licence expires, the licence continues in operation until the Victorian Fisheries Authority renews the licence or refuses to renew the licence.

S. 57(2) amended by No. 68/2016 s. 69(1).

(2) In considering whether to renew the licence, the Victorian Fisheries Authority must have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel.

S. 57(3) amended by No. 68/2016 s. 69(1).

(3) Subject to this section, the Victorian Fisheries Authority must renew the licence for a further period if the licence holder has a record of compliance with this Act.

S. 57(4) amended by Nos 35/2009 s. 61(2)(a), 68/2016 s. 69(2).

(4) If the Victorian Fisheries Authority considers that the holder of the licence has—

S. 57(4)(a) amended by No. 35/2009 s. 61(2)(b).

(a) ceased to satisfy any relevant eligibility criteria; or

S. 57(4)(b) substituted by No. 35/2009 s. 61(2)(c), amended by No. 68/2016 s. 69(2).

(b) failed to satisfy the Victorian Fisheries Authority that he or she continues to be a fit and proper person to hold the licence; or

S. 57(4)(c) amended by Nos 35/2009 s. 61(2)(d), 68/2016 s. 69(2).

(c) ceased to be actively, substantially and regularly engaged in the activities authorised by the licence—

the Victorian Fisheries Authority may by notice in writing served on the holder require the holder, within 14 days or such later period as is specified in the notice, to show sufficient cause why the renewal of the licence should not be refused.

S. 57(5) amended by No. 68/2016 s. 69(3).

(5) If the holder of the licence fails to show sufficient cause for renewing the licence, the Victorian Fisheries Authority may refuse to renew the licence.

S. 57(6) amended by Nos 35/2009 s. 61(3)(a), 68/2016 s. 69(4).

(6) The Victorian Fisheries Authority may refuse to renew a fish receiver licence if, in the opinion of the Victorian Fisheries Authority, the premises or place in respect of which the licence is issued is not appropriate for the activities authorised by the licence.

S. 57(7) amended by No. 68/2016 s. 69(5).