Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p13
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 30729–33376

kind mentioned in paragraph (1)(f)—fishing equipment the total size or quantity of which is not greater than the sum of the sizes or quantities, or the total size and total quantity of which are not greater than the sum of the sizes and the sum of the quantities, as the case may be, stated in the fishing rights in the class;

     (e) if the fishing rights in the class are fishing rights of a kind mentioned in paragraph (1)(h)—a boat of a size not greater than the sum of the sizes, having an engine power not greater than the sum of the engine powers, or of a size not greater than the sum of the sizes and having an engine power not greater than the sum of the engine powers, as the case may be, stated in the fishing rights in the class.".

AFMA to establish system of statutory fishing rights

29. Section 22 of the Principal Act is amended by omitting paragraph (3)(a) and substituting the following paragraph:

     "(a) the holder of the fishing right must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a fishing right;".

Grant of fishing permits

30. Section 32 of the Principal Act is amended by omitting paragraph (5)(a) and substituting the following paragraph:

     "(a) if the fishing permit authorises fishing in a specified managed fishery—the holder of the permit must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a fishing permit;".

Grant of foreign fishing licences

31. Section 34 of the Principal Act is amended by omitting paragraph (4)(a) and substituting the following paragraph:

     "(a) if the licence authorises commercial fishing in a specified managed fishery—the holder of the licence must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a licence;".

Function

32. Section 142 of the Principal Act is amended by adding at the end the following subsection:

"(2) It is not a function of the Panel to review the first decision to grant fishing rights made by AFMA under the first plan of management determined by AFMA for the fishery known as the Northern Prawn Fishery or for the fishery known as the Southern Bluefin Tuna Fishery.".

Reconsideration by AFMA and right to review by Administrative Appeals Tribunal

33. Section 165 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1A) The first decision made by AFMA to register persons under subsection 26(2) in connection with the first plan of management determined by AFMA for the fishery