Western Australian Current Acts Western Australian Current Acts (1) The holder of a
resource share in an aquatic resource may request the CEO to register the
holder of the resource share as the holder of catch entitlement of an amount
equal to the allocated catch for the share.
(2) The request must
—
(a) be
in an approved form; and
(b) be
accompanied by the fee that is set out in the relevant ARUP or the
regulations.
(3) Subject to
subsections (4) and (5), the CEO must register the applicant as the holder of
catch entitlement in accordance with the request.
(4) Before registering
the holder of a resource share as the holder of the catch entitlement the CEO
must reduce the amount of the allocated catch in accordance with section
41(7)(a) or 210(2)(b) if applicable.
(5) The CEO must not
register the holder of a resource share as the holder of catch entitlement for
the share if —
(a) a
fee or fine payable by the holder of the share under this Act is outstanding;
or
(b) the
share is nominated as surety for an authorisation and the authorisation is
suspended under section 209 at the beginning of the fishing period to which
the catch relates.
(6) If the holder of a
resource share does not make a request under subsection (1) within 90 days of
the commencement of the fishing period in respect of which the catch is
allocated the CEO may, by notice in writing, require the holder to pay the fee
referred to in subsection (2)(b) within the period specified in the notice.
(7) In accordance with
the Personal Property Securities Act 2009 (Commonwealth) section 10 in
paragraph (b) of the definition of personal property , catch entitlement is
declared not to be personal property for the purposes of that Act.