What’s changing for licensing?
Essentially, nothing is changing. The same criteria will still be considered when you apply for a fishing licence, but they will be considered in two stages. At the first stage, the Secretary will decide whether you are an eligible person, and the second stage may be determined by a computer program under the Secretary’s control. The amendments to the Act are only to allow digital licensing decisions and catch and effort reporting.
If I currently hold a licence will I need to reapply?
No, existing licence holders and people applying for recreational fishing licences will be deemed to be eligible persons. If you have already been issued a licence it will still be valid.
Can I transfer my licence to someone else?
You can only transfer a licence to someone who has been approved as an eligible person. If you want to transfer a licence to someone who is not an eligible person, they will need to apply and be approved as an eligible person before you can transfer the licence.
Will the amendments affect transfers of quota or other entitlements?
You can only transfer quota or other entitlements to someone who has been approved as an eligible person. If you want to transfer quota or another entitlement to someone who is not an eligible person, they will need to apply and be approved as an eligible person first.
Can I still vary my licence by adding a new supervisor?
Yes, but as is currently required, the supervisor must hold a Fishing licence (personal) before they can be approved to supervise the licence. In order to be granted a Fishing licence (personal), the supervisor will first need to be approved as an eligible person.
Will my licence supervisor be able to continue supervising the licence?
Yes, people who are currently approved to use a licence (including supervisors) will be able to continue doing so.
Does my eligible person status mean I can go fishing straight away?
No, you will still need to hold a licence. Once you are an eligible person, you can apply for a licence.
Can I lose my ‘eligible person’ status?
Yes. If you hold a commercial fishing licence, the Secretary may review your eligible client status at the time of licence renewal, if you are convicted of a relevant offence, or if you have not held a licence in the past 2 years. If you hold a recreational fishing licence, the Secretary may review your eligible client status at any time. If the Secretary decides that
you are no longer suitable to be an eligible person, any existing licences you hold will fall away.
Can I appeal a decision that I am not an eligible person?
Yes, if you are unhappy with a decision of a delegate you can appeal to the Secretary, and if you are unhappy with a decision of the Secretary you can appeal directly to the Minister.
What if the Secretary disagrees with a decision made by the computer program?
The Secretary may overturn a decision if the computer program is not functioning correctly. This includes if the computer program makes a decision that the Secretary would not have made.
I have nominated a natural person for the purposes of my licence. Will that person be able to carry out licensing transactions?
Nominated Natural Persons (NNP) will no longer exist following amendments to the Act. If you want someone to carry out licensing transactions on your behalf, you will need to appoint a Licensing Agent using the approved form.
Do I have to appoint a Licensing Agent?
If you are a partnership, corporation or trustee, you must appoint a Licensing Agent to carry out licensing transactions. Individuals and holders of abalone quota under deed can appoint a Licensing Agent if they choose to.
Do I have to use the Electronic Record System (ERS) to provide my catch returns and dockets?
No, you can continue to use the paper logbooks if you prefer to work in paper.
If I use the ERS, what should I do with my paper logbooks?
You will need to keep your paper logbooks to use as a backup. If you can’t access the Electronic Record System, you will need to fill out your paper logbooks instead.
What will the ERS look like?
The ERS has not yet been built. The amendments to the Act are to make sure DPIPWE has the power to build the ERS.
Can anyone access the Register of Authorisations?
People who use FishPort will have access to entries in the Register that they are involved with (for example, if they hold a licence, if they are the supervisor of a licence, or if they are a Licensing Agent). People who are not involved with your licences will only be able to view details if they apply to the Secretary. A person will only be able to access details
of your demerit points with your permission.
What do the amendments to the
Fishing (Licence Ownership and Interest) Registration Act 2001 (FLOIRA) do?
The amendments to FLOIRA enable electronic transactions and signatures. The Registrar will also be able to replace hard copy Records of Original Entry in respect of abalone quota units with digital versions that have the same status. If the Registrar replaces a Record of Original Entry with a digital version, the hard copy version must be sent to the
Registrar as soon as practicable.