Document ID: chunk:federal_register_of_legislation:F2017C00118:body:0:p13
Version: federal_register_of_legislation:F2017C00118
Segment Type: other
Provision Reference: 
Character Range: 35189–37761

holders of TSPF boat licences and TSPF Treaty endorsements.
    (5) The PZJA will revoke the emergency determination reducing the TAC as soon as practicable after it is satisfied that the emergency no longer exists.

2.9 Instruments under s.16 of the Act
    The PZJA may make instruments under section 16 of the Act to give effect to this Plan.

Part 3 Fishing licences

3.1 Grant of licences
    (1) As set out in section 19 of the Act, licences may be granted for commercial fishing from a boat in the fishery and for carrying, or for carrying and processing product in the fishery.
    [NOTE:  by section 36 of the Act, the Minister's powers concerning licences are exercisable by the PZJA.]

3.2 TSPF boat licences
    (1) A TSPF boat licence granted under subsection 19(2) of the Act allows the boat identified on the licence to be used for commercially fishing for prawn in the fishery in accordance with this Plan.
    (3) The PZJA must ensure that no more than 61 TSPF boat licences are in force at any one time.
    (4)  The PZJA must not allow a licence granted under section 19(2) of the Act to have an entry that authorises fishing in both the TSPF and the Torres Strait Tropical Rock Lobster fishery.
    (5) A TSPF boat licence may only be granted to an Australian citizen.

3.3 Transfer of TSPF boat licence
    (1) A holder of a TSPF boat licence (the transferor) may transfer the licence to another person (the transferee), as set out in section 25 of the Act and in this section.
    (2) A licence may only be transferred to a person who is an Australian citizen.
    (3) If the licence is the transferor's last licence, the transferor must transfer all his or her units before or at the same time as the licence transfer.
    (4) The transferor and transferee must apply to the PZJA using the appropriate form and tender the fee payable for the transfer.
    (5) The PZJA must not transfer a licence if:
         (a) a proceeding for an offence under the Act or Regulations has been brought against the transferor or the transferee and has not been decided; or
         (b) levy due and payable by the transferor or the transferee has not been paid.

3.4 TSPF TPC licence
    (1) A TSPF TPC licence remains in force for a period of one year.
(2)  The PZJA must not allow:
(a)  a prawn fishery entry to be written on a TPC licence; or
 (b)  a TSPF TPC licence to be granted;
    if the boat to which the TPC licence relates is also authorised to fish in the Torres Strait Tropical Rock Lobster fishery.

3.5 TSPF Treaty Endorsements
    (1)  As