40Grant of foreign master fishing licences

#### 40 Grant of foreign master fishing licences (1) AFMA may, upon application made in the approved form, grant to a person a foreign master fishing licence authorising the person to be in charge of a foreign boat that is being used for commercial fishing in a specified area of the AFZ or a specified fishery. (2) An application made for the grant of a foreign master fishing licence must provide AFMA with such information as it reasonably requires for a proper consideration of the application. (3) A foreign master fishing licence is granted subject to the following conditions: (a) if the licence authorises a person to be in charge of a foreign boat that is being used for commercial fishing in a specified managed fishery—the holder of the licence must comply with any obligations imposed on the holder by the relevant plan of management; (b) if the licence authorises a person to be in charge of a foreign boat that is being used for commercial fishing in a specified managed fishery—the licence will cease to have effect in relation to that fishery if the plan of management for the fishery is revoked under subsection 20(3); (c) the licence may be cancelled under subsection (8); (d) no compensation is payable because the fishing permit is cancelled or ceases to have effect. > Note: For further provisions relating to conditions imposed on foreign master fishing licences see subsections (4), (4A) and section 42B. (4) A licence granted under this section: (a) is subject to such other conditions as are: (i) specified in the licence; or (ii) prescribed in relation to licences granted under this section; and (b) 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 (c) subject to this section, remains in force until the day specified for the purpose in the licence, being a day not later than the end of the period of 12 months after the day on which the licence came into force. (4A) It is also a condition of a foreign master fishing licence relating to a fishery that the holder of the licence comply with a direction under section 41A that relates to the fishery. (5) 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 (3) or (4A)) or specify a condition or further condition to which the licence is to be subject. (6) A licence ceases to be in force if the holder of the licence surrenders the licence by written notice given to AFMA. (7) A licence under this section is to be in the approved form. (8) AFMA may, by written notice given to the holder of a licence, cancel the licence if the holder of the licence is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a law of New Zealand, Papua New Guinea or a State or Territory relating to fishing.