Fisheries Act · 2024 Revised Edition · Part · General Provisions in Respect of Licences
11. Cancellation and suspension
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (4), the Director may cancel or suspend for such period as he thinks fit, any licence if —
the licensee has been convicted of any offence against this
Act;
there has been a breach of any of the conditions of the licence; or
the Director is satisfied that it is necessary to do so for the proper management of any particular fishery in accordance with the fisheries plan applicable to that fishery and any direction issued in the implementation of that plan.
The Director may cancel a licence if fishing operations to which the licence relates have not commenced within 3 months from the date on which the licence was issued.
Where a local fishing vessel or a foreign fishing vessel ceases to be such a vessel, any licence issued in respect of the vessel is deemed to have been cancelled when the vessel so ceased to be a local fishing vessel or a foreign fishing vessel.
local fishing vessel
“local fishing vessel” means any fishing vessel which is registered in Brunei Darussalam and which is wholly owned by one or more of the following — (a) a citizen of Brunei Darussalam; (b) a statutory corporation established under the laws of Brunei Darussalam; (c) the Government; (d) a body corporate or unincorporate established in Brunei Darussalam and wholly owned by any of the persons described in paragraph (a), (b) or (c) or another body corporate or unincorporate wholly owned by any of the persons described in any of those paragraphs;
Before the Director makes a decision to cancel or suspend a licence under subsection (1)(b) or under subsection (2), the Director shall give the licensee a reasonable opportunity to show cause why the licence should not be cancelled or suspended.
When a licence has been cancelled or suspended under subsection (1) or (2), the Director shall cause notice of that fact to be served on the licensee.
Terms defined in s 2
fisheries plan
Defined · s 2“fisheries plan” means any of the plans related to any fisheries as prepared by the Director under section 5;
fishery
Defined · s 2“fishery” means any one or more stocks of fish which can be treated as a unit for the purpose of their conservation, management and development and includes fishing for any such stocks, and aquaculture;
fishing
Defined · s 2“fishing” means — (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of or in preparation for, any activity described in paragraph (a), (b) or (c), but does not include sportsfishing;
foreign fishing vessel
Defined · s 2“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
local fishing vessel
Defined · s 2“local fishing vessel” means any fishing vessel which is registered in Brunei Darussalam and which is wholly owned by one or more of the following — (a) a citizen of Brunei Darussalam; (b) a statutory corporation established under the laws of Brunei Darussalam; (c) the Government; (d) a body corporate or unincorporate established in Brunei Darussalam and wholly owned by any of the persons described in paragraph (a), (b) or (c) or another body corporate or unincorporate wholly owned by any of the persons described in any of those paragraphs;
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part
Fishing Appliances
Part
Marine Culture System
Part
Local Fishing Vessels
Part
Foreign Fishing Vessels
Part
Sportsfishing
Part
Lobsters
Part
Marine Reserves and Marine Parks
Part
Inland Fisheries
Part
Offences and Penalties
Part
Enforcement
Part
Jurisdiction and Evidence
Part