Document ID: chunk:federal_register_of_legislation:F2024C01021:front:0:p12
Version: federal_register_of_legislation:F2024C01021
Segment Type: other
Provision Reference: 
Character Range: 26978–29472

make a provisional grant to the person of 7 650 statutory fishing rights for each target species mentioned in Schedule 2.
Note   See:
(a) section 23 of the Act about the provisional grant of a statutory fishing right; and
(b) Part 8, Division 3 of the Act about review by the statutory fishing rights Allocation Review Panel.
18 Request for grant — Schedule 2 target species (Act s 31)
 (1) AFMA may grant a statutory fishing right for a target species mentioned in Schedule 2 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 asks AFMA to make the grant.
Note   Under subsection 23 (3) of the Act, AFMA must not grant a statutory fishing right:
(a) until the end of the period within which applications may be made to the Panel for review of provisional grants; or
(b) if an application has been made to the Panel — before the application has been dealt with by the Panel or otherwise disposed of.
 (2) If the person does not make the request within 30 days after the Gazette notice is published, AFMA must send a notice (the reminder notice) to the person telling the person that the person must make the request within a period stated in the notice.
 (3) If the person does not make the request within the period stated in the reminder notice, AFMA must send another notice (the final notice) to the person stating that the person's registration will be cancelled if the person does not, within 14 days after the final notice is sent:
 (a) make the request; and
 (b) explain why the person did not make the request within the period stated in the reminder notice.
 (4) AFMA must cancel the person's registration as an eligible person if, despite a final notice, the person does not:
 (a) make the request within 14 days after the final notice is sent; and
 (b) satisfy AFMA that the person had a reasonable excuse for not making the request within the period stated in the reminder notice.
 (5) If AFMA cancels a person's registration as an eligible person, AFMA must amend its records accordingly.
Note 1   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.
Note 2   A decision under section 31 of the Act (other than a decision following an auction, tender or ballot) is subject to reconsideration under section 165 of the