Document ID: chunk:federal_register_of_legislation:F2024C01049:body:0:p10
Version: federal_register_of_legislation:F2024C01049
Segment Type: other
Provision Reference: 
Character Range: 22000–24407

register as an eligible person an applicant for registration who meets the conditions for registration and who has paid the prescribed fee (if any). At present there is no prescribed fee.

Note 4   Section 165 of the Act provides that a person has a right of review in relation to a relevant decision, which includes a decision to register the person as eligible for the grant of a fishing right, or to grant or refuse to grant, a fishing right to the person. Application may be made to the Administrative Review Tribunal for review of a decision under that section — see subsection 165 (7).

Division 5.2 Availability and grant of SFRs

20 Availability of grants of SFRs (Act s 29 (3))

 (1) If a person is registered as an eligible person for the grant of 1 or more gear SFRs, a grant of the number of gear SFRs calculated in accordance with this section is available to the person.

 (2) The number of gear SFRs, for each fishing permit for the fishery held by the person, is:
where:
TAE is the TAE for the fishing year in which the gear SFRs will come into force.
total number of permits is the total number of fishing permits for the fishery that are held by eligible persons on the relevant date mentioned in section 19.

Note 1   See section 15 for the number of squid jigging machines that the holder, or a person acting on behalf of the holder, of a gear SFR is allowed to use.

Note 2   If, under subsection 29 (4) of the Act, gear SFRs are made available to a person, AFMA must notify the person (and each other person who registered under section 26 of the Act) about that fact and give a statement of reasons.

Note 3   Section 30 of the Act provides that, within 30 days of statutory fishing rights becoming available to a person, the person must pay the amount of any charge due and payable under the Statutory Fishing Rights Charge Act 1991. For this Management Plan, there is no charge.

Note 4   AFMA must grant a statutory fishing right to a person to whom the grant of the right is available if the person asks AFMA to grant the right — see section 31 of the Act.

21 Request for grant

 (1) If a person to whom grant of a gear SFR is available does not request the grant of the gear SFR within 30 days after AFMA sends a notice to the person under paragraph 29 (4) (a) of the Act, AFMA must send a notice
(a reminder notice) to the person telling the person that the person must make