15Grant of a statutory fishing right

15 Grant of a statutory fishing right

15.1 The grant of a number of statutory fishing rights calculated in accordance with clause 16 is available to an eligible person if the person:

(a) requests AFMA to grant the statutory fishing right; and

(b) makes the request within 30 days after being notified of the decision to register the person as an eligible person.

15.2 If the person does not make the request within 30 days, AFMA must:

(a) send a reminder to the person at his or her last known address; and

(b) allow the person a further 30 days in which to make the request.

15.3 If the person does not make the request within the further period referred to in paragraph 15.2(b), AFMA must send the person notice that the person’s registration as an eligible person will be cancelled if the person does not, within 14 days after the date of the notice:

(a) make the request; and

(b) demonstrate to the satisfaction of AFMA that there are extenuating circumstances that caused the person to fail to make the request before the end of the period referred to in paragraph 15.2(b).

15.4 A notice under subclause 15.3 must be sent to the last known address of the person to whom it is sent.

15.5 If the person:

(a) fails to make a request before the end of the period specified in a notice under subclause 15.3; or

(b) makes a request;

(i) after the end of the period referred to in paragraph 15.2(b); and

(ii) before the end of the period specified in a notice under subclause 15.3;

and does not demonstrate to the satisfaction of AFMA that there are the extenuating circumstances referred to in paragraph 15.3(b);

AFMA must cancel the registration of the person as an eligible person by making a suitable annotation on the Register.

15.6 AFMA must note on the certificate evidencing the fishing right the following information that is entered on the Register in relation to the grant of the fishing right:

(a) the name of the person to whom the fishing right is granted;

(b) a description of the fishing right;

(c) the period (if any) for which the fishing right is granted;

(d) that the fishing right is granted in relation to the SBT Fishery.

15.7 Nothing in this clause prevents AFMA from evidencing the grant of 2 or more statutory fishing rights on the same certificate.

[Note 1: For the grant of a fishing right to an eligible person, see section 31 of the Act.

Note 2: For the issue of a certificate evidencing the grant of a fishing right, see subsection 22(2) of the Act.