Document ID: chunk:federal_register_of_legislation:F2024C01041:body:0:p9
Version: federal_register_of_legislation:F2024C01041
Segment Type: other
Provision Reference: 
Character Range: 19703–22166

the fishing right to the person in accordance with this section.
 (2) If the person is registered as an eligible person for the grant of a gear statutory fishing right, the provisional grant is 1 gear statutory fishing right for each old Class A statutory fishing right owned by the person immediately before the end of the period mentioned in subsection 16 (2).
 (3) If the person is also registered as an eligible person for the grant of a top up statutory fishing right, the provisional grant also includes the number of top up statutory fishing rights worked out using the formula:
300 – n;
  where:
n is the number of old Class A statutory fishing rights nominated for a boat immediately before the end of the period mentioned in subsection 16 (2).
Note   See Div 3 of Pt 8 of the Act about review by the Statutory Fishing Rights Allocation Review Panel of a provisional grant.
16B Holders of old suspense Class A statutory fishing rights
 (1) This section applies if:
 (a) an eligible person for section 16A asks AFMA, under section 31 of the Act, to grant to the person 1 gear statutory fishing right for each old Class A statutory fishing right owned by the person immediately before the end of the period mentioned in subsection 16 (2); and
 (b) a number of the old Class A statutory fishing rights so owned are old suspense Class A statutory fishing rights, within the meaning of this Plan, as in force immediately before the commencement of this section.
Note   Under s 31 of the Act, if a person to whom the grant of a fishing right is available asks AFMA to grant the fishing right, AFMA must grant the fishing right to the person. The grant is not the same as a provisional grant under s 16A of this Plan.
 (2) The person may state that the person does not intend to apply for a boat to be nominated for a stated number of gear statutory fishing rights.
 (3) The maximum number of gear statutory fishing rights that the person may include in the statement is the number of old suspense Class A statutory fishing rights owned by the person.
17 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 requests AFMA to make the grant.
Note 1   Under subs 23 (3) of the Act, AFMA must not grant a statutory fishing right:
 (a) until the