(1)  The Minister, without any applications being made and after consultation with any appropriate fishing body, may issue –

(a) a fishing licence in respect of a fishery; or

(b) a new fishing licence in place of a fishing licence which has been cancelled or surrendered.

(2)  The Minister may determine to whom a licence is to be issued as follows:

(a) for a licence referred to in subsection (1) (a) if a fishery is subject to a management plan –

(i) by any system specified in that plan; or

(ii) if a system is not specified, by any system the Minister considers appropriate;

(b) for a licence referred to in subsection (1) (a) if a fishery is not subject to a management plan, by any system the Minister considers appropriate;

(c) for a licence referred to in subsection (1) (b) , by any system the Minister considers appropriate.

(3)  Notwithstanding any other provision of this Act, the Minister may issue a special abalone licence on such licensing management conditions as he or she considers appropriate and may, by notice, vary or revoke any such condition.

(4)  A licensing management condition may be inconsistent with any provision of Part 4 , or of any management plan or regulations, that provides for the variation, renewal, transfer or termination (however described) of –

(a) fishing licences; or

(b) any rights, quota entitlements or other benefits (however described) conferred by fishing licences; or

(c) any duties imposed by fishing licences; or

(d) any catch restrictions, prohibitions or other detriments (however described) imposed by fishing licences –

and, in that event, the licensing management condition prevails to the extent of the inconsistency.

(5)  A decision by the Minister to issue a special abalone licence subject to licensing management conditions or to vary or revoke such a condition is –

(a) not capable of being made a prescribed decision under Division 3 of Part 10 ; and

(b) not reviewable or appealable under the Judicial Review Act 2000 or any other law of the State; and

(c) not a matter in respect of which a declaratory judgment may be given; and

(d) not a matter in respect of which any other action or proceeding may be brought.

(6)  However, for special abalone licences issued before the changeover day, paragraphs (b) , (c) and (d) of subsection (5) do not apply if the relevant proceedings were commenced before that day.

(7)  In this section –

changeover day means the day of commencement of the Living Marine Resources Management Amendment Act 2007 ;

licensing management condition means a condition of a special abalone licence that provides for or regulates in any way the variation, renewal, transfer or termination (however described) of –

(a) the licence; or

(b) any rights, quota entitlements or other benefits (however described) conferred by the licence; or

(c) any duties imposed by the licence; or

(d) any catch restrictions, prohibitions or other detriments (however described) imposed by the licence;

special abalone licence means a fishing licence issued under subsection (1) , whether before, on or after the changeover day, that authorises a person to have a share of the total allowable catch for the abalone fishery.