98APermit required to gather marine vegetation for commercial purposes

98A Permit required to gather marine vegetation for commercial purposes

98A Permit required to gather marine vegetation for commercial purposes

(1) A person must not gather marine vegetation for a commercial purpose from any area of public water land except under the authority of a permit issued by the Minister under this clause.

Maximum penalty—50 penalty units.

(2) A permit applies to the gathering of marine vegetation only in the area specified in the permit.

(3) A permit is not required for the gathering of marine vegetation in accordance with an aquaculture permit or a permit under Part 7 of the Act.

(4) A permit may apply to marine vegetation generally or to a particular class of marine vegetation specified in the permit.

(5) An application for a permit, or the renewal of a permit, is to be made in writing to the Minister in the form approved by the Minister and must be accompanied by the fee specified in Schedule 6.

(6) If a person duly makes an application for a permit, the Minister may issue, or may refuse to issue, a permit.

(7) A permit remains in force, unless sooner cancelled or suspended by the Minister, until the expiration of the period specified in the permit.

(8) A permit is subject to the following conditions and any further conditions attached to the permit by the Minister—

(a) marine vegetation must not be gathered from any area if commercial fishing is taking place in the area unless, at the time the commercial fishing commenced in that area, marine vegetation was being gathered from the area in accordance with the permit,

(b) marine vegetation must not be gathered from any land that is held under any title granted by the Crown,

(c) marine vegetation must not be gathered from any marked navigation channel,

(d) marine vegetation must not be gathered from any area in which a public work is being carried out.

(9) The Minister may, from time to time, by notice given to the permit holder, vary the further conditions of a permit.

(10) Any permit issued under clause 63 of the Fisheries Management (Aquaculture) Regulation 2017 and in force immediately before the commencement of this clause is taken to have been issued under this clause.