Document ID: chunk:federal_register_of_legislation:F2024C01047:body:0:p12
Version: federal_register_of_legislation:F2024C01047
Segment Type: other
Provision Reference: 
Character Range: 27545–30067

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 (if any).
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).
Note 5   When statutory fishing rights were first granted there were 2 sectors in the fishery. AFMA granted 5,000 statutory fishing rights for each sector under section 17 and 5,000 statutory fishing rights for each sector by tender.  AFMA does not propose to grant further statutory fishing rights.
Division 4.2 Grant of statutory fishing rights
17 Provisional grants (Act s 23)
  AFMA must make a provisional grant of 5,000 statutory fishing rights for each sector of the fishery for the taking of Patagonian toothfish to a person who is registered under subsection 16 (2) as an eligible person for the grant of statutory fishing rights for the fishery.
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 of statutory fishing rights after provisional grant (Act s 31)
 (1) AFMA must send a notice (the reminder notice) to a person entitled to a provisional grant under section 17 telling the person that he or she must make a request within the period stated in the notice if the person has not made a request for the grant within 30 days after the Gazette notice is published under subsection 23 (2) of the Act.
Note 1   AFMA must grant a statutory fishing right for the taking of Patagonian toothfish in a sector of the fishery area to a person 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. See section 31 of the Act.
Note 2   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