Document ID: chunk:federal_register_of_legislation:F2024C01049:body:0:p12
Version: federal_register_of_legislation:F2024C01049
Segment Type: other
Provision Reference: 
Character Range: 26391–28986

must register all gear SFRs granted — see section 45 of the Act.

Note 3   Section 45 of the Act provides that AFMA must enter certain information in the Register for each statutory fishing right that it grants, including such particulars as are prescribed. The Fisheries Management (Southern Squid Jig Fishery) Regulations 2005 prescribe details that must be entered in the Register in relation to a nominated boat.

Part 6 Obligations of holders of SFRs

30 General obligations

  It is a condition of a gear SFR that the holder must:
 (a) comply with this Management Plan; and
 (b) comply with any direction; and
 (c) if AFMA asks the holder to give AFMA biological, economic or technical information, or biological samples that are available to the holder — give AFMA the information and samples.

Note 1   Other conditions of a gear SFR are set out in the certificate for the SFR.

Note 2   The holder of a gear SFR must also comply with the Act and with any regulations applying to the fishery, including the Fisheries Management Regulations 2019, the Fisheries Management (Southern Squid Jig Fishery) Regulations 2005, and the annual levy Regulations.

Note 3   See subsections 22 (3), (4) and (5) of the Act for other conditions to which a statutory fishing right is subject.

Note 4   See section 38 of the Act about AFMA's power to suspend a statutory fishing right if it has reasonable grounds to believe that there has been a contravention of a condition of the right.

Part 7 Miscellaneous

34 Delegation

  AFMA may, by writing under its common seal, delegate to an officer of AFMA any of its powers or functions under this Management Plan, except its powers under section 11 and this section.

Note   See subsection 17 (11) of the Act about the delegation of powers under section 11.

35 Agents

 (1) If the holder of a gear SFR appoints a person to be the holder's agent for a matter to which this Management Plan applies, the holder must give AFMA a written notice that states:
 (a) the name of the agent; and
 (b) the powers that may be exercised by the agent.

 (2) A notice must be accompanied by the instrument, or a certified copy of the instrument, by which the holder appointed the agent.

 (3) For this Management Plan, the appointment of an agent by the holder of a gear SFR is of no effect unless AFMA has been notified of the appointment under subsection (1).

 (4) In making a decision on an application under this Management Plan:
 (a) AFMA may assume that a notice given under this section is properly given; and
 (b) AFMA need not verify, by other means, the