FISH RESOURCES MANAGEMENT ACT 1994 - SECT 98A
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 98A
98A . Certain marine reserves, renewal of leases in
(1) If it is proposed
to renew an aquaculture lease which relates to an area which is —
(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 lease may be
renewed only as a lease which does not apply to those areas.
(2) If it is proposed
to renew an aquaculture lease which relates to an area which is —
(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 lease may be
renewed only as a lease 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.
(3) This section does
not affect the validity of a lease —
(a)
renewed before the commencement of section 53 of the Acts Amendment (Marine
Reserves) Act 1997 ; or
(b)
renewed in relation to an area which is affected, after the 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.
[Section 98A inserted: No. 5 of 1997 s. 53.]