Document ID: chunk:federal_register_of_legislation:F2024C01029:front:0:p9
Version: federal_register_of_legislation:F2024C01029
Segment Type: other
Provision Reference: 
Character Range: 19718–22216

declaring that AFMA intends to grant fishing rights for fishing in a managed fishery.
Note 2   An application for registration as an eligible person for the grant of a statutory fishing right must be made within the period stated in a notice published under section 24 of the Act: see paragraph 25 (f), and subsection 26 (1), of the Act.
Note 3   Under subsection 26 (2) of the Act, AFMA must register as an eligible person an applicant for registration who meets the conditions for registration and who has paid the prescribed fee.
Note 4   A decision under subsection 26 (2) of the Act is subject to reconsideration under section 165 of the Act: see subsection 165 (2). Application may be made to the Administrative Review Tribunal for review of a decision under section 165 of the Act: see subsection 165 (7).

Division 3 Grant of statutory fishing rights
16 Provisional grants (Act s 23)
  If a person is registered as an eligible person for the grant of a statutory fishing right, AFMA must make a provisional grant to the person, for each fishing permit for the fishery held by the person on 1 March 2001, of:
 (a) 3 500 quota statutory fishing rights for each species of scallop; and
 (b) 1 boat statutory fishing right.
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 (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 asks AFMA to make the grant.
Note 1   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.
Note 2   Subsection 30 (2) of the Act provides that a grant ceases to be available to a person if the person does not tender the amount of charge due and payable under the Statutory Fishing Rights Charge Act 1991 within 30 days after the grant becomes available to the person. At the time when this Management Plan was made, there was no charge payable under that Act for statutory fishing rights granted other than