46Transfer of fish farm licence

46 Transfer of fish farm licence

(1)  [Section 46 Subsection (1) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The holder of a fish farm licence may apply to the Director for approval to transfer the licence.

(2)  [Section 46 Subsection (2) substituted by No. 55 of 2002, s. 15, Applied:10 May 2003] The Director may approve the transfer of a fish farm licence if satisfied that –

(a) the transfer recipient is a fit and proper person to hold the licence; and

(b) there are no environmental or resource constraints on doing so; and

(c) any prescribed application fee for the transfer of the fish farm licence has been paid; and

(d) it is appropriate to do so.

(2A)  [Section 46 Subsection (2A) inserted by No. 55 of 2002, s. 15, Applied:10 May 2003] In determining whether the transfer recipient is a fit and proper person to hold the fish farm licence, the Director must consider whether that person –

(a) has contravened this Act; and

(b) has committed any offence the Director considers relevant.

(3)  [Section 46 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director may approve the transfer of a fish farm licence subject to any condition the Director determines.

(4)  [Section 46 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director may refuse to approve the transfer of the licence if not satisfied as required under subsection (2) .

(5)  [Section 46 Subsection (5) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director, by notice in writing, is to notify the holder of the licence of the approval or refusal to approve the transfer of the licence.