(1) Licences in
respect of a prawn fishery are transferable.
(2) An application for
consent to the transfer of a licence must be accompanied by—
(a) the
licence to be transferred; and
(b) a
form of return as required by regulation 12 completed by the holder of
the licence up to the date of application; and
(c) if
the transferee is a company—a current company extract relating to the
transferee issued not more than 1 month immediately preceding the date of
application.
(3) The Minister may
only consent to the transfer of a licence if satisfied as to the following:
(a) that
any fees or other amounts payable in relation to the licence under the Act
have been paid in full;
(b) that
the licence to be transferred has not been suspended;
(c) that
no proceedings alleging an offence against the Act are pending or likely to be
commenced in the State against the holder of the licence;
(d) that
the transfer is to 1 person only;
(e) if
the transferee is a natural person, that the transferee is at least 15 years
of age and is a fit and proper person to hold a licence in respect of a
prawn fishery;
(f) if
the transferee is a company, that each director of the company is a fit and
proper person to be a director of a company that holds a licence in respect of
a prawn fishery;
(g) if a
registered boat used under the licence is the subject of, or registered for
use under, or is otherwise referred to in, a licence, permit, authority or
other entitlement to take fish granted under a law of the Commonwealth or a
corresponding law—
(i)
that the entitlement is either to be transferred together
with the licence to the transferee or to be surrendered on or before the
transfer of the licence; or
(ii)
that—
(A) the transfer of the licence separately
from the entitlement is not likely to result in fishing activities that
over-exploit or endanger the aquatic resources of the State; and
(B) the person or body that granted the
entitlement concurs with the separate transfer of the licence.