Falck Case
Fisheries Act 1995
Licensing Appeals Tribunal
13th November 2000
On the 13th November 2000 an appeal came on for hearing
before the Licensing Appeals Tribunal.
The Tribunal was constituted by Mr. K.G. Mason, as Chairman, Mr. K.
Brown a Member nominated by the Secretary and Mr. T. Mirabella, a member representing
commercial fishing interests.
The Appeal was lodged by Mr. Tim Falck.
The Appeal was lodged against a decision of the Director of Fisheries
(a delegated authority under the Act) refusing to issue to the Appellant a Wrasse (Ocean)
Fishery Access Licence. Without traversing all the facts and submissions made the position
was that Mr. Falck had lodged an application with the Commercial Fisheries Licensing Unit,
which was received on the 17th July 2000.
A memorandum was forwarded to the Director of Fisheries by the Manager,
Commercial Fisheries Unit with a comment and recommendation that the Appellant’s
application should be refused. Subsequently the Director refused to grant the
Appellant’s application.
This refusal was communicated to the Appellant by a letter of the 26th
July 200 from the Manager, Commercial Fisheries Licensing Unit, and purporting to indicate
the basis upon which the Director refused the application. Upon receipt of this advice the
Appellant by way of his legal adviser lodged an Appeal with the Tribunal.
On the 13th November 2000 the Appeal came on for hearing and
after hearing submissions referring to documents and written submissions the Tribunal
determined the Appeal. Parties were offered the opportunity of calling witnesses. No
witnesses were called.
The Tribunal considered all material placed before it and upheld the
Appeal and directed the Director, Fisheries Victoria, to issue to the Appellant the
licence he had sought.
|