Division 2 Boat licences

150E   Definition

In this Division:

maximum boat specifications has the meaning given by clause 152A.

151   Fee for application for issue of fishing boat licence

(1)  A fee is payable in respect of an application for the issue of a fishing boat licence.

(2)  The fee for an application for the issue of a fishing boat licence is, subject to subclauses (3) and (4), the following:

(a)  in the case of a licence that relates to a boat that has a length not exceeding 3 metres—$187,

(b)  in the case of a licence that relates to a boat that has a length exceeding 3 metres—$187 plus $28 for each metre or part of a metre by which the length of the boat exceeds 3 metres.

(3)  The fee for an application for the issue of a fishing boat licence is, if the licence is issued to have effect for a period of less than 12 months commencing on a date other than 1 July, the prescribed proportion of the licence fee.

(4)  The fee for an application for the issue of a fishing boat licence is, if the licence is issued to have effect for a period exceeding 12 months commencing on a date other than 1 July, the total of the following:

(a)  the licence fee, and

(b)  the prescribed proportion of the licence fee.

(5)  If an amount calculated under this clause includes a fraction of a dollar, the amount is to be rounded down to the nearest whole dollar.

(6)  In this clause:

licence fee means the fee referred to in subclause (2).

prescribed proportion means the proportion specified in column 2 of the Table to this clause next to the commencement date of the licence concerned.

Table

Column 1	Column 2
Commencement date of licence	Prescribed proportion
After 1 July but before 1 October	100%
On or after 1 October but before 1 January (in the following year)	75%
On or after 1 January but before 1 April	50%
On or after 1 April but before 1 July	25%

Note. It is intended that all licences will have a uniform expiry date of 30 June.

152   Grounds for refusal to issue fishing boat licence

For the purposes of section 108 (3) of the Act, the Minister is authorised to refuse to issue a fishing boat licence if:

(a)  the boat was not licensed under the Act at 5 February 2007, or

(b)  the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or

(c)  the applicant has previously held a fishing boat licence that has been suspended or cancelled by the Minister, or

(d)  in the case of a boat licensed under the Act at 5 February 2007, the boat was sold or disposed of after that date or the right to a fishing boat licence for the boat was transferred after that date (unless the transfer of the right to a licence for the boat to the applicant has been approved by the Director-General under clause 158), or

(e)  the applicant fails to provide any information required by the Minister in connection with the application (such as identifying particulars for the boat), or

(f)–(h)  (Repealed)

(i)  the applicant has not paid any fee due and payable in connection with his or her fishing boat licence.

152A   Form of licence

(1)  A fishing boat licence is to be issued or renewed in such form as the Minister approves.

(2)  Without limiting subclause (1), a licence may specify:

(a)  any maximum length, or maximum hull units, or maximum engine power (collectively referred to as maximum boat specifications) that apply in respect of the boat the subject of the licence, as determined by the Minister, and

(b)  identifying particulars for the boat, including:

(i)  the name of the boat,

(ii)  the identifying number for the boat,

(iii)  the hull identification number for the boat,

(iv)  the hull units for the boat,

(v)  the engine power of the boat,

(vi)  the name of the boat’s home port.

153   Prescribed conditions of fishing boat licences

(1)  For the purposes of section 108 (4) (a) of the Act, the following conditions are prescribed:

(a)  that the boat in respect of which the licence was issued or renewed is not used for or in connection with the taking of fish for sale or the landing of fish in New South Wales for sale in New South Wales by any person other than the holder of the licence or the holder’s employees or agents,

(b)  that the holder of the licence displays on the outside of both sides of the bow of the licensed boat or on the outside of both sides of the wheelhouse of the boat in clearly visible letters and figures (in a colour which contrasts with that of the background) the letters “LFB” and the LFB number allotted to that boat by the Director-General and that those letters and figures are:

(i)  in the case of a boat that is more than 7.5 metres long and is used in ocean waters—not less than 300 mm in height and 150 mm in width, or

(ii)  in any other case—not less than 150 mm in height,

(c)  that the holder of the licence displays on the outside of both sides of any dinghy or vessel which is not separately licensed under the Act and which is carried on the boat in respect of which the licence was issued, the letter “D” and the licence number of that licensed boat (such letter and number not to be less than 50 mm in height),

(d)  that the holder of the licence does not use, or permit to be used, unlicensed crew members on the licensed fishing boat, unless the boat is being used as follows:

(i)  to take fish with unregistered crew members as authorised under section 110 (5) of the Act, or

(ii)  to take yabbies or carp in the inland restricted fishery in accordance with clause 146 (1) (e), or

(iii)  to take sea urchin or turban shell in the sea urchin and turban shell restricted fishery in accordance with clause 146 (1) (f),

(iv)  (Repealed)

(v), (vi)  (Renumbered as subparagraphs (ii) and (iii))

(e)  that the holder of the licence does not assist, encourage or permit the master of the licensed boat to contravene the Act, the regulations under the Act or the conditions of that licence in connection with the taking of fish for sale,

(f)  that the holder of the licence takes all reasonable steps to ensure that the master of the licensed boat does not contravene the Act, the regulations under the Act or the conditions of that licence in connection with the taking of fish for sale,

(g)  that the boat to which the licence applies is not modified in such a manner that it ceases to comply with any maximum boat specifications set out on the licence,

(h)  that the holder of the licence does not cause or allow the boat to be modified in such a manner as to affect its length, hull units, or engine power, if any of those particulars are noted on the licence, unless, before carrying out that modification, an application is made to the Minister, in accordance with this Division, for the licence to be amended so as to change the identifying particulars noted on the licence in accordance with the proposed boat modifications,

(i)  that the holder of the licence must not use the boat in connection with activities for which the boat must be licensed under the Act unless the identifying particulars for the boat have been noted on the licence,

(j)  that, if the boat is disposed of, destroyed or lost at sea, the holder of the licence must notify the Minister, in writing, of that occurrence within 30 days.

(2)  The conditions prescribed by this clause are in addition to any conditions prescribed by the management plan for a share management fishery.

(3)  In this clause:

unlicensed crew member means a member of the crew of a licensed fishing boat who is not the holder of a commercial fishing licence.

154   Renewal of fishing boat licence

(1)  The holder of a fishing boat licence may apply in writing to the Minister for the renewal of his or her licence.

(2)  A fee is payable in respect of an application for the renewal of a fishing boat licence.

(2A)  The fee for an application for the renewal of a fishing boat licence is:

(a)  in the case of a licence that relates to a boat having a length not exceeding 3 metres—$52, and

(b)  in the case of a licence that relates to a boat having a length that exceeds 3 metres—$52 plus $28 for each metre or part of a metre by which the length of the boat exceeds 3 metres.

(3)  The Minister may refuse to renew the licence if:

(a)  the application for renewal of the licence is received by the Minister after the date the licence expires, or

(b)  the holder of the licence has, in the opinion of the Minister, contravened a condition of the licence, or

(c)  the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or

(d)  the boat does not comply with any maximum boat specifications set out on the licence, or

(e)  the applicant fails to provide any information required by the Minister in connection with the application (such as identifying particulars for the boat), or

(f)  the applicant has not paid any fee due and payable in connection with a fishing boat licence.

(4)  The Minister may renew a licence for a period of 1 year or such other period as is specified in the licence.

(5)  If an application is duly made for renewal of a fishing boat licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence:

(a)  is taken to continue in force until the licence is renewed or the application for renewal is refused, and

(b)  may be renewed despite the fact that, but for this subclause, the licence would have expired.

(6)  An application for renewal of a fishing boat licence received by the Minister after the date the licence expires may be treated as an application for the issue of a fishing boat licence and in such a case the fee payable in respect of the application is to be calculated in accordance with clause 151.

(7)–(10)  (Repealed)

154A   Transitional arrangements to facilitate uniform licence expiry date of 30 June

(1)  The Minister may renew a fishing boat licence that was in force immediately before the commencement of this clause, without an application being made by the holder of the licence, for a period commencing on the date the new licence is issued and ending on 30 June 2008 (this is referred to as an early renewal).

(2)  If a fishing boat licence is given an early renewal under this clause, a fee is payable by the holder of the licence, in accordance with this clause, in respect of the renewal of the licence, in lieu of the fee for an application for renewal of a licence.

(3)  The amount of the fee varies depending on whether the licence that is given an early renewal was due to expire on or before 30 June 2007 (a pre-30 June licence) or was due to expire on or after 1 July 2007 (a post-30 June licence).

(4) Pre-30 June licences
If a pre-30 June licence is given an early renewal, the amount of the fee is calculated as follows:

where:

A is the fee payable.

RF is the renewal fee for a licence.

D is the number of days in the period starting on the day after the date the pre-30 June licence would have expired, but for the early renewal, and ending on (and including) 30 June 2007.

(5) Post-30 June licences
If a post-30 June licence is given an early renewal, the amount of the fee is calculated as follows:

where:

A is the fee payable.

RF is the renewal fee for a licence.

D is the number of days in the period starting on the day after the date the post-30 June licence would have expired, but for the early renewal, and ending on (and including) 30 June 2008.

(6)  The fee must be paid in accordance with arrangements for payment approved by the Minister.

(7)  The fee is not payable if the licence is cancelled before the date the previous licence would have expired, but for the early renewal.

(8)  If an amount calculated under this clause includes a fraction of a dollar, the amount is to be rounded down to the nearest whole dollar.

(9)  In this clause:

renewal fee for a licence means the fee payable under clause 154 (2A) for an application for renewal of the fishing boat licence (being the fee applicable under clause 154 (2A) at the date that the holder of the licence is invoiced for the fee payable under this clause).

155   (Repealed)

156   Grounds for suspension or cancellation of a fishing boat licence

For the purposes of section 108 (4) (d) of the Act, the Minister may cancel or suspend a fishing boat licence if:

(a)  the holder of the licence made a statement in connection with the holder’s application for the issue or renewal of the licence that was, in the opinion of the Minister, false or misleading in a material particular, or

(b)  the holder of the licence has, in the opinion of the Minister, contravened a condition of the licence, or

(c)  the boat has been seized under section 265 of the Act, or

(d)  the holder of the licence has not paid any fee due and payable in connection with the issue or renewal of the licence, or

(e)  the boat does not comply with any maximum boat specifications set out on the licence, or

(f)  the holder of the licence has transferred his or her right to the licence in accordance with clause 158, or

(g)  the boat has been destroyed, lost at sea or disposed of by the holder of the licence, or

(h)  the holder of the licence has requested in writing to the Minister that the licence be cancelled or suspended.

157   Voluntary suspension of licence

(1)  If a licensed fishing boat is disposed of, destroyed or lost at sea, and has not been replaced by the holder of the licence, the holder of the licence may, by application in writing to the Minister in a form approved by the Director-General, request the Minister to suspend the fishing boat licence.

(2)  If the Minister grants the request and suspends the licence, the Minister may amend the licence so as to omit the identifying particulars for the boat from the licence.

(3)  The holder of the suspended licence is required to pay an annual fee in respect of the suspended licence.

(4)  The amount of the annual fee is the amount that would be charged in respect of an application to renew the licence had the boat not been disposed of, destroyed or lost at sea and the licence not been suspended.

(5)  The annual fee is to be calculated as at 1 July in each year (the charging date) and must be paid in accordance with such arrangements for payment as may be approved by the Minister and advised to the holder of the suspended licence.

(6)  On replacement of the boat disposed of, destroyed or lost at sea, the holder of the suspended licence may apply for the suspension to be lifted, but only if a request is made for the licence to be amended to insert the identifying particulars for the new boat on the licence (as provided for by clause 157A).

(7)  The lifting of a suspension does not affect the licence holder’s obligation to pay an annual fee under this clause in respect of a charging date that occurred before the lifting of the suspension, and does not affect the calculation of that fee.

(8)  The Minister may refuse a request for a suspension under this clause if the holder of the licence has transferred his or her right to a licence under clause 158.

Note. This clause allows the holder of a fishing boat licence to retain a right to a licence in respect of a boat if the licensed boat is disposed of, destroyed or lost at sea. Under clause 152 (a), the Minister is authorised to refuse to issue a new fishing boat licence in respect of a boat that was not licensed before 5 February 2007.

157A   Change to identifying particulars of boat noted on licence

(1)  The holder of a fishing boat licence may, by application in writing to the Minister in a form approved by the Director-General, request the Minister to amend the licence:

(a)  by changing any identifying particulars for the boat that are noted on the licence, or

(b)  by inserting new identifying particulars for a boat on the licence.

(2)  The Minister may:

(a)  grant the request, or

(b)  refuse to grant the request.

(3)  The Minister may refuse to grant a request if:

(a)  the applicant fails to provide sufficient information or evidence to enable the Minister to grant the request, such as information or evidence of any identifying particulars for the boat, or

(b)  the identifying particulars for the boat do not comply with any maximum boat specifications set out on the fishing boat licence, or

(c)  the applicant has transferred his or her right to the fishing boat licence under clause 158.

(4)  This clause does not affect the power of the Minister to cancel or suspend a fishing boat licence if a boat does not comply with any maximum boat specifications set out on a fishing boat licence.

(5)  If an amendment to a licence affects the calculation of the fee payable in respect of the renewal of a licence, the amendment applies only to a renewal that occurs on or after the amendment to the licence takes effect.

158   Transfer of right to fishing boat licence

(1)  The Director-General may approve the transfer of the right to a fishing boat licence in accordance with this clause.

(2)  An application for approval of the transfer of the right to a fishing boat licence may be made in writing to the Director-General jointly by the holder of the fishing boat licence and a person intending to acquire the right to that licence.

(3)  A fee of $335 is payable in respect of an application for approval of the transfer of the right to a fishing boat licence.

(4)  The Director-General may approve the transfer, or may refuse to approve the transfer, of the right to a fishing boat licence to the person.

(5)  The Director-General may refuse to approve the transfer on any of the grounds on which the Minister could refuse to approve the issue of a fishing boat licence to the person.

(6)  If the transfer is approved, the transferee may apply for, and is to be issued with, a fishing boat licence (whether for the boat previously licensed to the transferor or for another boat that replaces the boat licensed to the transferor).

(7)  Nothing in this clause affects the power of the Minister to refuse to issue a licence as authorised by clause 152 (including on the ground that the boat does not comply with the maximum boat specifications set out on the licence).

(8)  This clause applies to a licence whether or not it is suspended.

159   Boats taken to be licensed under the Act

For the purposes of section 107 (2) of the Act, a boat that is licensed or otherwise authorised to be used for the purpose of taking fish under a law of the Commonwealth or of another State or a Territory is taken to be licensed under the Act but only for the purpose of landing fish in New South Wales that were taken from waters to which the Act does not apply.

159A   Compliance with maximum boat specifications

(1)  This clause applies for the purpose of determining whether a boat complies with any maximum boat specifications set out on a fishing boat licence.

(2)  The length of a boat is to be determined in accordance with the Uniform Shipping Laws Code.

(3)  If a survey certificate has been issued in respect of a boat, the length of the boat is taken to be the length of the boat as specified on the most recent survey certificate for the boat.

(4)  The engine power of a boat is to be determined in accordance with the continuous or A brake kilowatt rating for the engine as published by the manufacturer of the engine.

(5)  The hull units of a boat are to be determined as follows:

where:

H is the hull units of a boat.

L is the length of the boat.

D is the moulded depth of the boat, determined in accordance with the Uniform Shipping Laws Code.

B is the moulded breadth of the boat, determined in accordance with the Uniform Shipping Laws Code.

(6)  In this clause:

Uniform Shipping Laws Code means the Code referred to in section 427 of the Navigation Act 1912 of the Commonwealth.

160   Only licensed boats may be marked “LFB”

A person must not display the letters “LFB” on a boat in any waters if the boat is not licensed under the Act.

Maximum penalty: 50 penalty units.