South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In this
regulation—
"authorised amalgamation scheme transfer" means a transfer of a licence that
is authorised under regulation 11;
"authorised family transfer" means a transfer of a licence that is authorised
under regulation 10.
(2) Subject to these
regulations, licences in respect of a marine scalefish fishery are
transferable.
(3) A licence in
respect of the Restricted Marine Scalefish Fishery cannot be transferred to
the holder of another licence in respect of that fishery.
(4) 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 27 completed by the holder of
the licence up to the date of application.
(5) The Minister may
only consent to the transfer of a licence if satisfied as to the following:
(a) that
the transfer is—
(i)
an authorised family transfer; or
(ii)
an authorised amalgamation scheme transfer;
(b) that
any fees or other amounts payable in relation to the licence under the Act or
the repealed Act have been paid in full;
(c) that
the licence to be transferred has not been suspended;
(d) that
the transfer is to 1 person only;
(e) that
no proceedings alleging an offence against the Act or the repealed Act are
pending or likely to be commenced in the State against the holder of the
licence;
(f) that
the transferee is a natural person of at least 15 years of age and is a
fit and proper person to hold a licence in respect of a marine
scalefish fishery;
(g) if a
boat registered for use under the licence is the subject of, is registered for
use under, or is otherwise referred to in, a licence, permit, authority or
other entitlement to take aquatic resources 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.