FISH RESOURCES MANAGEMENT ACT 1994 - SECT 94

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 94

94 .         Renewal of licence

        (1)         If a person applies to the CEO for the renewal of an aquaculture licence, the CEO, subject to this section and section 143, must renew the licence.

        (2)         If the licence is unattached and relates to —

            (a)         part of a marine nature reserve; or

            (b)         an area of a marine park from which aquaculture is excluded under section 13B of the Conservation and Land Management Act 1984 ,

                the licence is to be renewed as a licence which does not apply to those areas.

        (3)         If the licence is unattached and relates to —

            (a)         an area of a marine park other than one from which aquaculture is excluded under section 13B of the Conservation and Land Management Act 1984 ; or

            (b)         an area of a marine management area,

                the licence is to be renewed as a licence which does not apply to those areas unless either —

            (c)         a management plan applies to the area under the Conservation and Land Management Act 1984 and the renewal is consistent with a management plan; or

            (d)         the Minister has consulted the Minister to whom the administration of the Conservation and Land Management Act 1984 is for the time being committed by the Governor on the renewal and has taken into account any recommendation of that Minister.

        (4)         This section does not affect the validity of a licence —

            (a)         renewed before the commencement of section 51 of the Acts Amendment (Marine Reserves) Act 1997 ; or

            (b)         renewed in relation to an area which is affected, after the renewal of the licence, by a reservation under section 13 of the Conservation and Land Management Act 1984 , or by a notice under section 62 of that Act.

        (5)         For the purposes of this section —

            (a)         an aquaculture licence is unattached if it does not relate to any area under an aquaculture lease; and

            (b)         where an aquaculture licence relates in part to areas under an aquaculture lease or leases and in part to areas not under such a lease, the licence is to be treated as 2 separate licences, being —

                  (i)         an aquaculture licence in relation to the areas under the lease or leases; and

                  (ii)         an aquaculture licence in relation to the areas not under any lease.

        [Section 94 inserted: No. 5 of 1997 s. 51; amended: No. 28 of 2006 s. 236(1).]