New South Wales Repealed Regulations

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This legislation has been repealed.

FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 2002 - REG 49

Aquaculture leases may be subdivided

49 Aquaculture leases may be subdivided

(1) A lessee may apply for the subdivision of a lease ( "the original lease") into 2 or more leases.
(2) An application for subdivision must:
(a) be in a form approved by the Minister, and
(b) be lodged with the Minister, and
(c) be accompanied by the lease document for the original lease and a processing fee of $487.
(3) The Minister may grant, or refuse to grant, an application.
(4) If an application is granted, the terms of the leases that result from the subdivision are to be the same as the remainder of the term of the original lease.
(5) The Minister may decide any matters relating to:
(a) the covenants and conditions of the leases that result from the subdivision, and
(b) the rent payable for the leases, and
(c) any other matters necessary for the preparation of the lease documents.
(6) A lessee is entitled to the leases that result from a subdivision only if the lease document for the original lease is lodged with the Minister for replacement.
(7) The Minister must, when an application for subdivision has been granted, provide the lessee with a certified copy of the plan of the leased area comprised in each lease.
(8) The Minister must publish notice of the subdivision of the lease in the Gazette.
(9) The subdivision of an original lease into 2 or more leases does not affect the application of section 167 (3) of the Act to the first renewal of those leases after the grant of the original lease.



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