Document ID: chunk:federal_register_of_legislation:F2024C01036:reg:16:p5
Version: federal_register_of_legislation:F2024C01036
Segment Type: reg
Provision Reference: reg 16 (pt 5/7)
Character Range: 52833–55335

is to impose conditions on all holders of SFRs.

 (2) For sections 38, 39 and 95 of the Act, an obligation imposed on the holder of an SFR by this Part is a condition of the SFR.

50 General obligations

 (1) The holder of an SFR must:
 (a) comply with this Management Plan; and
 (c) take all reasonable measures to ensure that by-catch, and the impact of fishing operations on the marine environment, are kept to a minimum; and
 (d) take all reasonable steps to minimise the loss of fishing gear; and
 (e) ensure that all fish unloaded from the fishery are unloaded within Australia or an external Territory; and
 (h) if required by AFMA in writing to do so, give AFMA reasonable access to biological, economic or technical information, or biological samples that are available to the holder; and

 (2) However, paragraph (1) (e) does not apply if the holder receives written approval from AFMA before landing the catch outside Australia or an external Territory.

Note 1   See subsections 22 (3), (4) and (5) of the Act for additional obligations to which an SFR is subject.

Note 2   It is an offence to contravene a condition of an SFR — see section 95 of the Act.

Note 3   See subsections 32 (5), (6), (7) and (8) of the Act for obligations to which a fishing permit is subject.

Note 4   The holder of an SFR must also comply with the Act and with any provisions of the Fisheries Management Regulations 2019 applying to the fishery.

Note 5   See section 38 of the Act for AFMA's power to suspend a fishing concession if it has reasonable grounds to believe that there has been a breach of an obligation to which the concession is subject.

Note 6   See Part 3 about directions given under paragraph 17 (5A) (a) of the Act.

51 Obligations relating to fishing in more than 1 area

 (1) The holder of an SFR must not fish under a permit (however described) issued under a State or Territory law if, on board the boat being used, there are fish taken under the SFR.

 (2) The holder of an SFR must not fish in a sub-area of the fishery if, on board the boat being used, there are fish that were taken:
 (a) in another sub-area; or
 (b) in the high seas; or
 (c) under a permit, however described, issued under a law of a State or Territory.

 (3) However, if AFMA gives written approval to the holder for fishing that would contravene subsection (1) or (2), the holder may fish in accordance with the approval.

Part 9 Miscellaneous

54 Delegation

  AFMA may, by writing under its common seal,