Document ID: chunk:federal_register_of_legislation:F2024C01021:front:0:p13
Version: federal_register_of_legislation:F2024C01021
Segment Type: other
Provision Reference: 
Character Range: 29254–31855

AFMA to grant the right:  see section 31 of the Act.
Note 2   A decision under section 31 of the Act (other than a decision following an auction, tender or ballot) 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 3   A statutory fishing right ceases to have effect if AFMA revokes this Management Plan:  see subsections 20 (4) and 22 (3) of the Act.
Note 4   AFMA must register all statutory fishing rights granted:  see section 45 of the Act.
19 Certificate showing grant (Act s 22 (2))
 (1) AFMA must note the following details on the certificate for a statutory fishing right:
 (a) the name of the person to whom the right is granted;
 (b) a description of the right;
 (c) that the right is granted for the fishery;
 (d) the conditions to which the right is subject.
 (2) A certificate may show the grant of more than 1 statutory fishing right to a person.
 (3) AFMA must give to a person to whom a statutory fishing right is granted an extract of the Register:
 (a) that states the conditions to which the right is subject; and
 (b) that is signed for AFMA by a person having authority to sign it.
Note 1   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 particulars as are prescribed.  The Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 prescribe details that must be entered in the Register in relation to a nominated boat.
Note 2   Divisions 4.1 and 4.2 provided for the registration of eligible persons and the grant to them of statutory fishing rights in the fishery. That process is now complete. AFMA has granted 30 000 statutory fishing rights for the taking of each quota species mentioned in Schedule 2 and does not intend to grant any further statutory fishing rights for the taking of those species in the fishery.
Division 4.3 Additional target species
20 Declaration of additional target species
 (1) Subject to subsection (2), AFMA may, by notice published in the Gazette, declare that a species mentioned in Schedule 3 is a target species.
 (2) Before making a declaration, AFMA must:
 (a) consult, and consider the views of, CCAMLR, the MAC and the RAG; and
 (b) assess the stock of the species in the area of the fishery, and be satisfied that the species can be harvested in a sustainable manner.
21 Conditions for registration — additional target species