98Licence allocations

98 Licence allocations

(1)  The Minister, without any applications being made and after consultation with any appropriate fishing body, may issue –

(a) a fishing licence in respect of a fishery; or

(b) a new fishing licence in place of a fishing licence which has been cancelled or surrendered.

(2)  The Minister may determine to whom a licence is to be issued as follows:

(a) for a licence referred to in subsection (1) (a) if a fishery is subject to a management plan –

(i) by any system specified in that plan; or

(ii) if a system is not specified, by any system the Minister considers appropriate;

(b) for a licence referred to in subsection (1) (a) if a fishery is not subject to a management plan, by any system the Minister considers appropriate;

(c) for a licence referred to in subsection (1) (b) , by any system the Minister considers appropriate.

(3)  [Section 98 Subsection (3) inserted by No. 67 of 2007, s. 5, Applied:19 Dec 2007] Notwithstanding any other provision of this Act, the Minister may issue a special abalone licence on such licensing management conditions as he or she considers appropriate and may, by notice, vary or revoke any such condition.

(4)  [Section 98 Subsection (4) inserted by No. 67 of 2007, s. 5, Applied:19 Dec 2007] A licensing management condition may be inconsistent with any provision of Part 4 , or of any management plan or regulations, that provides for the variation, renewal, transfer or termination (however described) of –

(a) fishing licences; or

(b) any rights, quota entitlements or other benefits (however described) conferred by fishing licences; or