Document ID: chunk:federal_register_of_legislation:C2024C00591:section:40:p1
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 40 (pt 1/2)
Character Range: 139299–141854

40  Grant of foreign master fishing licences
 (1) AFMA may, upon application made in the approved form, grant to a person a foreign master fishing licence authorising the person to be in charge of a foreign boat that is being used for commercial fishing in a specified area of the AFZ or a specified fishery.
 (2) An application made for the grant of a foreign master fishing licence must provide AFMA with such information as it reasonably requires for a proper consideration of the application.
 (3) A foreign master fishing licence is granted subject to the following conditions:
 (a) if the licence authorises a person to be in charge of a foreign boat that is being used for commercial fishing in a specified managed fishery—the holder of the licence must comply with any obligations imposed on the holder by the relevant plan of management;
 (b) if the licence authorises a person to be in charge of a foreign boat that is being used for commercial fishing in a specified managed fishery—the licence will cease to have effect in relation to that fishery if the plan of management for the fishery is revoked under subsection 20(3);
 (c) the licence may be cancelled under subsection (8);
 (d) no compensation is payable because the fishing permit is cancelled or ceases to have effect.
Note: For further provisions relating to conditions imposed on foreign master fishing licences see subsections (4), (4A) and section 42B.
 (4) A licence granted under this section:
 (a) is subject to such other conditions as are:
 (i) specified in the licence; or
 (ii) prescribed in relation to licences granted under this section; and
 (b) comes into force on the day specified for the purpose in the licence or, if no day is so specified, on the day on which it is granted; and
 (c) subject to this section, remains in force until the day specified for the purpose in the licence, being a day not later than the end of the period of 12 months after the day on which the licence came into force.
 (4A) It is also a condition of a foreign master fishing licence relating to a fishery that the holder of the licence comply with a direction under section 41A that relates to the fishery.
 (5) AFMA may, by written notice given to the holder of a licence, whether or not at the request of the holder, vary or revoke a condition of the licence (not being a condition mentioned in subsection (3) or (4A)) or specify a condition or further condition to which the licence is to be subject.
 (6) A licence ceases to be in force if the holder of the licence surrenders the