South Australian Current Regulations

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FISHERIES MANAGEMENT (PRAWN FISHERIES) REGULATIONS 2017 - REG 6

6—Transfer of licence

        (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.



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