Northern Territory Consolidated Acts

FISHERIES ACT - SECT 55

(1) In this section Minister means the Minister administering the Department allotted the administration of the Crown Lands Act .

(2) A person may apply to the Minister for a lease of Crown land for the purposes of aquaculture, and the Minister may, if satisfied that a licence for those purposes will be granted under this Act, grant a lease under the Crown Lands Act for the purposes to which the licence relates but subject to such terms, conditions, reservations, and covenants as the Minister thinks fit.

(3) The Minister, in considering an application under subsection (2), may call for a report from the Director and for this purpose the Director may require the applicant to furnish such information as the Director thinks fit.

(4) A lease does not of itself confer upon the lessee the right to exclude a person from passing over the surface of any water, but the conditions of the aquaculture licence may require or authorize the lessee to mark out a lease or part of a lease that indicates that passage through that area is restricted or prohibited.

(5) The Minister shall not -

(a) refuse or fail to renew a lease; or

(b) forfeit or otherwise terminate a lease,

unless he has given to the lessee reasonable notice of his intention to do so.

(6) In subsection (5), reasonable notice is 2 years or such less notice as, in the opinion of the Minister, is fair to the lessee, having regard to what the lessee has on the leased area or elsewhere.

(7) Notwithstanding subsection (5), the Minister may forfeit or otherwise terminate a lease forthwith if the aquaculture licence held by the lessee is cancelled or surrendered.

(8) The Minister may, after receiving a report from the Director, offer a lease by auction or tender, or advertise that a lease is available.

(9) A Fisheries Officer, in relation to a lease granted pursuant to this section, may, at any time, enter on the leased land for the purpose of giving effect to the Crown Lands Act .