36Granting of certain licences

36 Granting of certain licences

(1)  This rule applies to a licence of any of the following classes:

(a) class personal, if the licence is endorsed with any endorsement referred to in Division 2 of this Part;

(b) class seine;

(c) class scalefish, other than a fishing licence (rock lobster);

(d) class species;

(e) class small-mesh gillnet;

(f) class Danish seine;

(g) class squid.

(2)  A licence to which this rule applies may only be granted to a person if the person lodging the application for the licence –

(a) held –

(i) in the case of an application for a fishing licence (personal) to be endorsed with any endorsement referred to in Division 2 of this Part, a fishing licence (personal) endorsed with those endorsements on the preceding 31 August; or

(ii) in the case of an application for any other licence, a licence the same as that applied for on the last day of the preceding February; and

(b) has not transferred the licence referred to in paragraph (a) ; and

(c) lodges the application for a licence of a type in accordance with section 77 of the Act within 12 months after the expiry of the licence of that type that he or she currently holds.