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. > Note: For further provisions relating to conditions imposed on fishing permits see subsections (6), (7A) and sections 40C, 42, 42A and 42B. (6) A fishing permit: (a) is subject to such other conditions as are: (i) specified in the permit; or (ii) prescribed in relation to permits granted under this section; and (b) comes into force on the day specified for the purpose in the permit or, if no day is so specified, on the day on which it is granted; and (c) subject to this Act, remains in force until the day specified for the purpose in the permit, being a day not later than 5 years after the day on which it came into force. (7) Without limiting the operation of paragraph (6)(a), the conditions that may be specified in a permit include conditions relating to: (a) the fish that may be taken; or (b) the quantity of fish that may be taken; or (c) the rate at which fish may be taken; or (d) the methods or equipment that may be used to take fish; or (e) the methods or equipment that may be used to process or carry fish. (7A) It is also a condition of a fishing permit relating to a fishery that the holder of the permit comply with a direction under section 41A that relates to the fishery. (8) AFMA may, by written notice given to the holder of a permit, whether or not at the request of the holder, vary or revoke a condition of the permit (not being a condition mentioned in subsection (5) or (7A)) or specify a condition or a further condition to which the permit is to be subject. (9) A permit ceases to be in force if the holder of the permit surrenders the permit by written notice given to AFMA. (11) A fishing permit is to be in the approved form.