34Grant of foreign fishing licences

#### 34 Grant of foreign fishing licences (1) AFMA may, upon application made in the approved form, grant to a person a foreign fishing licence authorising the use of a specified foreign boat by that person, or a person acting on that person’s behalf, for commercial fishing in a specified area of the AFZ or a specified fishery. (2) An application made for the grant of a foreign fishing licence must provide AFMA with such information as it reasonably requires for a proper consideration of the application. (3) In considering whether to grant a foreign fishing licence, AFMA must give effect to any obligation undertaken by the Commonwealth contained in an agreement entered into by the Commonwealth that is relevant in the particular case. (4) A foreign fishing licence is granted subject to the following conditions: (a) if the licence authorises commercial fishing in a specified managed fishery—the holder of the licence must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a licence; (b) if the licence authorises commercial fishing in a specified managed fishery—the licence will cease to have effect in relation to the fishery if the plan of management for the fishery is revoked under subsection 20(3); (c) the licence may be cancelled under section 39; (d) no compensation is payable because the licence is cancelled. > Note: For further provisions relating to conditions imposed on foreign fishing licences see subsections (5), (6A) and sections 40C, 42, 42A and 42B. (5) A licence granted under this section: (a) is subject to the condition that, while the boat to which the licence relates is in the AFZ, the person in charge of the boat is the holder of a foreign master fishing licence; and (b) is subject to such other conditions as are specified in the licence; and (c) comes into force on the day specified for the purpose in the licence or, if no day is so specified, on the day on which it is granted; and (d) subject to this Act, remains in force until the day specified for the purpose in the licence, being a day not later than 12 months after the day on which it came into force. (6) Without limiting the operation of subsection (5), the conditions that may be specified in a licence include conditions relating to any matter that may be included in a fishing permit granted under section 32. (6A) It is also a condition of a foreign fishing licence relating to a fishery that the holder of the licence comply with a direction under section 41A that relates to the fishery. (7) AFMA may, at any time, subject to such conditions (if any) as are specified in the endorsement, endorse a licence so as to extend it to authorise the boat to be brought into a specified port in Australia or in an external Territory at such time as is, or at such times as are, specified in the endorsement. (8) AFMA may, by written notice given to the holder of a licence in respect of which an endorsement under subsection (7) is in force, revoke the endorsement. (9) AFMA may, by written notice given to the holder of a licence, whether or not at the request of the holder, vary or revoke a condition of the licence (not being a condition mentioned in subsection (4) or (6A)) or specify a condition or further condition to which the licence is to be subject. (10) A licence ceases to be in force if the holder of the licence surrenders the licence by written notice given to AFMA. (11) A licence is to be in the approved form.