New South Wales Consolidated Regulations

FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 2007 - REG 59

59 Additional public right to which aquaculture lease is subject

(1) The right of the owner or the lawful occupier of any land adjoining a leased area to drain the surface water off the land on to the area is a recognised right for the purposes of section 164 (3) of the Act. This subclause does not apply to water accumulated by an act of that owner or occupier, or an agent of either of them, or as a result of works on the land carried out by or with the approval of that owner or occupier.

(2) A lessee is not entitled to compensation for any damage to the leased area or to the stock on the area caused by the reasonable exercise of the right referred to in subclause (1).

Note: The right conferred by this clause is in addition to the right of fishing conferred by section 164 (3) of the Act.