James Crabbe is an abalone fisherman in Western Australia. Stocks of abalones are

dwindling, and so the State Parliament has recently enacted legislation which provides

that

‘Each person wishing to fish abalones must obtain an annual licence

and is limited to taking 50 abalone from the sea per month’.

 

James has incorporated three companies – James’s Fishing Pty Ltd, Margaret River

Fishing Pty Ltd and Crabbe’s Abalone Fishing Pty Ltd. As the managing director of each

company James applies for 3 licences and a licence for himself. Assuming you are

the legal adviser to the WA Fisheries Department, what would you advise

theDepartment in relation to the four applications? Cite AUSTRALIAN relevant case law.

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