32Grant of fishing permits

32 Grant of fishing permits

(1) AFMA may, upon application made in the approved form, grant to a person a fishing permit authorising, subject to subsections (1A), (1B), (1C) and (1D), the use by that person, or by a person acting on that person’s behalf, of an Australian boat for fishing in a specified area of the AFZ or a specified fishery. (1A) Subject to subsections (1C) and (1D), if an Australian boat is specified in the permit, the permit authorises the use as mentioned in subsection (1) of: (a) subject to paragraph (b)—that boat; or (b) if the person to whom the permit is granted, from time to time, by written notice given to AFMA, nominates for the purposes of the permit another Australian boat in lieu of that boat—the boat so nominated. (1B) Subject to subsections (1C) and (1D), if no Australian boat is specified in the permit, the permit authorises the use as mentioned in subsection (1) of such Australian boat (if any) as the person to whom the permit is granted, from time to time, by written notice given to AFMA, nominates for the purposes of the permit. (1BA) After the commencement of this subsection, a boat may be nominated under subsection (1A) or (1B) only if: (a) either: (i) the boat’s particulars are already registered on the Fishing Permits Register; or (ii) the boat is an Australian boat; and (b) the acceptance of the nomination would not be contrary to: (i) a condition of the permit; or (ii) the regulations; and (c) for the purposes of a permit to fish in a specified fishery on the high seas—the boat is an Australian‑flagged boat. (1C) The permit does not authorise the use of an Australian boat unless the boat complies with any conditions to which the permit is subject. (1D) If subsection 16A(1) prohibits AFMA from authorising a use of a boat for a period described in subsection 16A(2), the permit does not authorise the use of the boat during the period.

Note: Subsection 16A(1) prohibits AFMA from authorising the use of a boat to fish on the high seas for a conserved fish stock if the boat has been used in the commission of certain offences and the penalties for those offences have not been complied with.

(2) An application made for the grant of a fishing permit must provide AFMA with such information as it reasonably requires for a proper consideration of the application. (3) Without limiting the operation of subsection (1), AFMA may refuse to grant a fishing permit if it has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the boat. (4) A fishing permit may authorise the use of a boat: (a) for commercial fishing generally; or (b) for recreational fishing generally (whether from a charter boat or otherwise); or (d) for specified fishing activities, including: (i) the carrying of fish; or (ii) the processing of fish; or (iii) the testing of fishing equipment. (5) A fishing permit is granted subject to the following conditions: (a) if the fishing permit authorises fishing in a specified managed fishery—the holder of the permit must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a fishing permit; (b) if the fishing permit authorises fishing in a specified managed fishery—the permit will cease to have effect if the plan of management for the fishery is revoked under subsection 20(3); (c) the fishing permit may, under subsection 75(7), cease to have effect; (d) the fishing permit may be cancelled under section 39; (e) no compensation is payable because the fishing permit is cancelled, ceases to have effect or ceases to apply to a fishery.