Fisheries Management Act 1994 No 38
Current version for 14 November 2014 to date (accessed 20 December 2014 at 12:36)
Part 2Division 4C

Division 4C Fishing businesses

34P   Definitions

In this Division:

fishing authority means a licence, permit, share, endorsement or any other authority relating to fishing activities issued or given under this Act or any other law (whether or not of this State).

NSW fishing authority means a fishing authority issued or given under this Act.

transfer of a fishing business or a component of a fishing business means the transfer, transmission, conveyance or assignment of a fishing business or component of a fishing business, and includes any other dealing in a fishing business or component of a fishing business of a kind prescribed by the regulations.

34Q   Fishing business determinations

(1)  The Director-General may, from time to time:
(a)  determine that a business that the Director-General considers to be a separate and identifiable fishing business is a fishing business, and
(b)  determine the components of that fishing business.
(2)  Such of the following as the Director-General considers to be owned, used, held or acquired in connection with a fishing business may be determined to be a component of the fishing business:
(a)  one or more fishing boats,
(b)  fishing gear,
(c)  any fishing authority held by a person,
(d)  the catch history of any person (determined in accordance with this Act and the regulations).
(3)  For the purposes of this Act:
(a)  a fishing business is a business determined by the Director-General to be a fishing business under this section, and
(b)  the fishing business is comprised of those components that are determined by the Director-General to be components of the fishing business.
(4)  The Director-General may, from time to time, amend or revoke a determination under this section by making a further determination.
(5)  A determination by the Director-General under this section is called a fishing business determination.
(6)  A fishing business determination is to be made:
(a)  in accordance with such provisions (if any) relating to the making of fishing business determinations as may be contained in the regulations or a management plan for a fishery (or both), and
(b)  in a manner consistent with any guidelines relating to transfers of fishing businesses, approved by the Director-General before the commencement of this section, that had effect in relation to any transfer made before the fishing business transfer rules took effect.
(7)  The Director-General may make a fishing business determination at any time:
(a)  on his or her own initiative, or
(b)  on an application made, in a form and manner approved by the Director-General, by the person (or persons) who own the business in respect of which the determination is sought.
(8)  The Director-General is required to give the person (or persons) who own a business that is the subject of a fishing business determination notice in writing of the determination.
(9)  A reference in this Act to the owner of a fishing business is a reference to the person (or persons) who, from time to time, owns or own a business that is, or has been, determined to be a fishing business by the Director-General under this section.

34R   Allocation of fishing business number

(1)  The Director-General is to allocate a unique identification number to each fishing business.
(2)  The Director-General may endorse a NSW fishing authority that is a component of a fishing business with the number allocated to the fishing business.

34S   Register of fishing business determinations

(1)  The Director-General is required to keep a register of fishing business determinations.
(2)  For each fishing business determination there is to be recorded in the register:
(a)  the name of the person (or persons) who own the business the subject of the determination,
(b)  the number allocated by the Director-General to the fishing business,
(c)  particulars of the components of the fishing business,
(d)  such other particulars as are required by the regulations to be recorded in the register in relation to a fishing business.
(3)  The register may be kept wholly or partly by means of a computer.
(4)  The register is to be made available for public inspection at the head office of the Department during ordinary business hours.
(5)  If the register is kept wholly or partly by means of a computer, subsection (4) may be complied with by making the contents of the register available on the website of the Department.
(6)  The Director-General may correct any error in or omission from the register.
(7)  A certificate signed or purporting to be signed by the Director-General, or an officer of the Department authorised in writing by the Director-General to exercise the functions conferred by this subsection, that certifies that, on a specified date or during a specified period, the particulars contained in the register as to specified matters were as so specified, is admissible in any proceedings and is evidence of the matters so certified.

34T   Fishing business transfer rules

(1)  The regulations or the management plan for a fishery (or both) may make provision for or with respect to the transfer of a fishing business (or components of a fishing business) and provide for the recognition, or restriction, of fishing rights following any such transfer. Such provisions are referred to as fishing business transfer rules.
(2)  In particular, the fishing business transfer rules may provide that a person to whom a component of a fishing business is transferred does not, as a consequence of that transfer, acquire any right to be issued with or given a NSW fishing authority unless all components of the fishing business are either transferred to the person or surrendered to the Minister for cancellation.
Note. Some components of a fishing business, for example, endorsements in a restricted fishery, may not be transferable (see section 114). The fishing business transfer rules may require such endorsements to be surrendered to the Minister for cancellation if other components of the fishing business are transferred to another person.
(3)  The fishing business transfer rules may authorise the Minister to cancel a NSW fishing authority that is a component of a fishing business if any other component of the fishing business is transferred in contravention of the fishing business transfer rules.
(4)  No compensation is payable by or on behalf of the State for the cancellation of a NSW fishing authority in accordance with the fishing business transfer rules.
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