Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p24
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 56476–59054

the condition for registration as an eligible person for the grant of a quota statutory fishing right for a quota species mentioned in items 29 to 34 of Schedule 2 if, immediately before the end of the notice period, the person was authorised to take under a fishing permit a number of quota units of that species in the fishery.

      (2) In this section:
      notice period, for a statutory fishing right of a kind mentioned in subsection (1) and for a species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that species, in the fishery under section 24 of the Act.

      Note   See the notes under section 26 in relation to provision in the Act relating to registration for the grant of statutory fishing rights.
Division 5.3 Grant of statutory fishing rights
28 Provisional grants (Act s 23)
      (1) This section applies to a person who is registered as an eligible person for the grant of a statutory fishing right.

      (2) AFMA must make a provisional grant to the person as follows:
(a) if the person is registered as an eligible person for the grant of a quota statutory fishing right for a quota species under subsection 27 (1) — 1 quota statutory fishing right for the quota species for each quota unit of that quota species that the person was authorised to take in the fishery in accordance with a fishing permit held by the person immediately before the end of the notice period.

      (3) In this section:
      notice period, for a statutory fishing right of a kind mentioned in paragraph (2) (a) and for a quota species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that quota species, in the fishery under section 24 of the Act.

      Note   See:
           (a) section 23 of the Act about the provisional grant of statutory fishing rights; and
           (b) Part 8, Division 3 of the Act about review by the Statutory Fishing Rights Allocation Review Panel.
29 Request for grant (Act s 31)
 (1) AFMA may grant a statutory fishing right to a person only if:
 (a) a notice mentioned in subsection 23 (2) of the Act stating that the person is to be granted the right is published in the Gazette (the Gazette notice); and;
 (b) the person applies to AFMA, using the approved form, for the grant.
Note   Under subsection 23 (3) of the Act, AFMA must not notify a person that the grant of a right is available:
(a) before the end of the period within which applications may be made to the Statutory Fishing Rights Allocation