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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 98

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 98

98 .         Certain marine reserves, grant of leases in

        (1)         An aquaculture lease must not be granted in relation to —

            (a)         an area 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 .

        (2)         An aquaculture lease must not be granted in relation 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,

                unless the Minister to whom the administration of the Conservation and Land Management Act 1984 is for the time being committed by the Governor approves the granting of the lease.

        (3)         This section does not affect the validity of —

            (a)         an aquaculture lease granted or renewed before the commencement of section 53 of the Acts Amendment (Marine Reserves) Act 1997 ; or

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

        (4)         Subsection (2) does not apply to the granting of an aquaculture lease in relation to an area as to which an aquaculture licence —

            (a)         could have been renewed under section 94(3)(c); or

            (b)         has been renewed under section 94(3)(c) or (d),

                as long as —

            (c)         a management plan applies to the area under the Conservation and Land Management Act 1984 and the granting of the lease 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 granting of the lease and has taken into account any recommendation of that Minister.

        [Section 98 inserted: No. 5 of 1997 s. 53.]