New South Wales Consolidated Regulations

FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 2007 - REG 39

39 Process for renewing an aquaculture lease

(1) If the Minister decides to renew an aquaculture lease, the Minister must provide the applicant with the following documents:

(a) a copy of the plan of the area,

(b) a draft lease document that is in accordance with Form 1 in Schedule 2,

(c) a statement of the fees, rent or other amounts payable by the lessee in connection with the renewal of the lease.

(2) The Minister must not renew an aquaculture lease unless, before the deadline, the applicant for renewal lodges with the Minister:

(a) the draft lease document (signed by that applicant), and

(b) all amounts (including rent) payable by that applicant in connection with the renewal of the lease.

The deadline is the end of 90 days (or such further period as the Minister may allow) after that applicant is provided with the documents referred to in subclause (1).

(3) Subject to section 167 of the Act, the Minister may refuse an application for the renewal of an aquaculture lease on the ground that:

(a) in the case of an applicant who is an individual-the applicant is disqualified under section 161 of the Act from holding an aquaculture permit, or

(b) in the case of an applicant that is a corporation-the applicant, or any of the directors or other persons concerned in the management of the applicant, is disqualified under section 161 of the Act from holding an aquaculture permit, or

(c) the applicant has rent, contributions or other amounts payable to the Minister that are outstanding in respect of that or other leases, or

(d) the applicant has, in the Minister’s opinion, a poor record of managing one or more other leased areas, or

(e) in the Minister’s opinion, it would otherwise not be in the public interest to renew the lease.

(4) After renewing an aquaculture lease, the Minister must publish in the Gazette notice of the renewal of the lease.

Note: Section 167 (2) of the Act provides that the Minister may renew a lease if satisfied that the area should continue to be available for aquaculture. However a lessee is entitled to the renewal of the lease if it is the first renewal of the lease after it was granted.