Document ID: chunk:federal_register_of_legislation:F2024C01049:body:0:p11
Version: federal_register_of_legislation:F2024C01049
Segment Type: other
Provision Reference: 
Character Range: 24202–26617

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 the request within a period stated in the notice.

 (2) If the person does not make the request within the period stated in the reminder notice, AFMA must send another notice (a final notice) to the person stating that the gear SFR will cease to be available to the person 14 days after the final notice is sent unless the person:
 (a) makes the request; and
 (b) explains why the person did not make the request within the period stated in the reminder notice.

 (3) If, within 14 days after the final notice is sent to the person, the person does not:
 (a) make the request; and
 (b) satisfy AFMA that the person had a reasonable excuse for not making the request within the period stated in the reminder notice;
then:
 (c) the grant ceases to be available to the person; and
 (d) AFMA must amend its records accordingly.

Note   Under subsection 23 (3) of the Act, AFMA must not grant a statutory fishing right to a person:
(a) before the end of the period within which applications may be made to the Statutory Fishing Rights Allocation Review Panel for review of decisions in relation to 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.

22 Certificate showing grant (Act s 22 (2))

 (1) AFMA must note the following details on the certificate for a gear SFR:
 (a) the name of the person to whom the SFR is granted;
 (b) a description of the SFR;
 (c) that the SFR is granted for the fishery;
 (d) the conditions to which the SFR is subject.

 (2) A certificate may show the grant of more than 1 gear SFR to a person.

 (3) AFMA must give to a person to whom a gear SFR is granted an extract of the Register that:
 (a) states the conditions to which the SFR is subject; and
 (b) is signed for AFMA by a person having authority to sign it.

Note 1   A gear SFR ceases to have effect if AFMA revokes this Management Plan — see subsections 20 (4) and 22 (3) of the Act.

Note 2   AFMA must register all gear SFRs granted — see section 45 of the Act.

Note 3   Section 45 of the Act provides that AFMA must enter certain information in the Register for each statutory fishing right that it grants, including such