Commonwealth Consolidated Acts

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FISHERIES MANAGEMENT ACT 1991 - SECT 33

Grant of scientific permits

  (1)   AFMA may, upon application made in the approved form, grant to a person a scientific permit in respect of a specified boat (including a foreign boat) authorising the use of the boat by that person, or a person acting on that person's behalf, for scientific research purposes in a specified area of the AFZ or a specified fishery.

  (2)   An application made for the grant of a scientific permit must provide AFMA with such information as it reasonably requires for a proper consideration of the application.

  (3)   A scientific permit is granted subject to the following conditions:

  (a)   if the permit authorises the use of a boat for scientific research purposes in a specified managed fishery--the permit will cease to have effect in relation to that fishery if the plan of management for the fishery is revoked under subsection   20(3);

  (b)   the permit may, under subsection   75(7), cease to have effect;

  (c)   the permit may be revoked under subsection   (6);

  (d)   no compensation is payable because the permit is revoked, ceases to have effect or ceases to apply to a fishery.

Note:   For further provisions relating to conditions imposed on scientific permits see subsections   (4), (5A) and sections   40C and 42A.

  (4)   A scientific permit:

  (a)   is subject to such other conditions as are specified in the permit; and

  (b)   comes into force on the day specified for the purpose in the permit or, if no day is so specified, on the day on which it is granted; and

  (c)   subject to this Act, remains in force until the day specified for the purpose in the permit, being a day not later than 6 months after the day on which it came into force.

  (5)   Without limiting the operation of subsection   (4), the conditions that may be specified in a scientific permit include conditions relating to:

  (a)   the carriage on board the boat concerned of persons nominated by AFMA to make scientific observations; or

  (b)   the sale or disposal of fish taken during the course of activities carried out under the permit.

  (5A)   It is also a condition of a scientific permit relating to a fishery that the holder of the permit comply with a direction under section   41A that relates to the fishery.

  (6)   AFMA may, by written notice given to the holder of a scientific permit, whether or not at the request of the holder:

  (a)   revoke the permit; or

  (b)   vary or revoke a condition to which the permit is subject (not being a condition mentioned in subsection   (5A)) or specify a condition or further condition to which the permit is to be subject.

  (7)   A scientific permit ceases to be in force if the holder of the permit surrenders the permit by written notice given to AFMA.

  (8)   A scientific permit is to be in the approved form.



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