South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 57

57—Transfer of licence or permit

        (1)         A licence or permit is not transferable.

        (2)         However, if the regulations for a fishery provides that licences or permits, or a class of licence or permit, in respect of the fishery are transferable, then, with the consent of the Minister, such a transfer may occur.

        (3)         An application for consent to the transfer of a licence or permit must—

            (a)         be a joint application made by the holder of the licence or permit and the transferee; and

            (b)         be made in a manner and form approved by the Minister; and

            (c)         be signed by the applicants and completed in accordance with the instructions contained in the form; and

            (d)         be accompanied by the fee fixed by regulation.

        (4)         The Minister may only consent to the transfer of a licence or permit if—

            (a)         the Minister is satisfied as to the matters prescribed by the regulations for the fishery; and

            (b)         where the register of authorities includes a notation that a specified person has an interest in the licence or permit—that person consents to the transfer.

        (5)         If a licence or permit is transferable, the registration of a boat used under the licence or permit is also transferable.

        (6)         If—

            (a)         a licence or permit is transferable; and

            (b)         the holder of the licence or permit dies,

the licence or permit (as the case may be) vests in the personal representative of the deceased (whether the personal representative is a natural person or body corporate) as part of the estate of the deceased but cannot be transferred in the course of the administration of the estate except with the consent of the Minister.

        (7)         If a deceased licence or permit holder was, immediately before his or her death, registered as the master of a boat that may be used under the licence or permit—

            (a)         the boat may, while the licence or permit remains vested in the personal representative of the deceased, continue to be used for the purpose of engaging in fishing activities under the licence or permit if it is in the charge of a person who is acting with the consent of the Minister and in accordance with the conditions of that consent; and

            (b)         a person so acting will be taken to be acting under section 53(b)(ii).

        (8)         A licence or permit that vests in the personal representative of a deceased licence or permit holder will, if it is not transferred within 2 years after the death of the licence or permit holder or such further period as may be approved by the Minister, be suspended pending such transfer.

        (9)         In this section—

"personal representative" means—

            (a)         the executor of the will or administrator of the estate of the deceased licence or permit holder; or

            (b)         in relation to any period for which there is not an executor or administrator—the Public Trustee.