New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 169

169 Survey of leased area

(1) The Minister may require as a condition of granting or renewing a lease, or of granting consent to the surrender of a part of a lease, that the lessee have a survey of the area carried out to a standard approved by the Minister.

(2) The Minister:

(a) may, by notice in writing served on the lessee of a leased area, require the lessee to have a survey of the area carried out to a standard approved by the Minister within such period as may be specified in the notice, or

(b) may, if the lessee fails to comply with the notice, arrange for a survey of the area to be carried out to such a standard at the lessee’s expense.

(3) The lessee of a leased area or any other person must not obstruct a survey carried out for the purposes of subsection (2) (b).

Maximum penalty: 50 penalty units.

(4) A failure to comply with a notice served under subsection (2) (a), or a contravention of subsection (3), is a breach of a condition of the aquaculture lease concerned.

(5) The cost of carrying out a survey under subsection (2) (b) is to be regarded as an additional amount of rental payable by the lessee on demand by the Minister.

(6) The Minister may enter into arrangements with representatives of the commercial aquaculture industry for the payment of the cost of carrying out surveys under this section by lessees or on their behalf.