Div 3Aquaculture Tenure Allocation Board

Division 3—Aquaculture Tenure Allocation Board 71—Establishment of Aquaculture Tenure Allocation Board The Aquaculture Tenure Allocation Board (ATAB) is established. 72—Functions of ATAB The functions of ATAB are— (a) to advise the Minister (on its own initiative or at the request of the Minister) on any matter relating to the allocation of tenure for aquaculture; and (b) any other functions assigned to ATAB by this Act or the Minister. 73—Membership of ATAB (1) ATAB consists of 6 members appointed by the Governor of whom— (a) 1 must be a person nominated by the Minister, who will be the presiding member of ATAB; and (b) at least 1 must be a qualified legal practitioner; and (c) at least 1 must have knowledge of, and experience in, business and commerce; and (d) at least 1 must have qualifications and experience in marine biology or environmental management; and (e) at least 1 must have knowledge of or relevant to the farming of aquatic organisms. (2) At least 1 member of ATAB must be a woman and at least 1 must be a man. 74—Terms and conditions of membership (1) A member of ATAB will be appointed on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may appoint a person to be the deputy of a member of ATAB and the deputy may act as a member of ATAB during any period of absence of the member. (3) The Governor may remove a member of ATAB from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (4) The office of a member of ATAB becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (3). 75—Remuneration A member of ATAB is entitled to remuneration, allowances and expenses determined by the Minister. 76—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the ATAB will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the aquaculture industry generally, or a substantial section of those engaged in or associated with the aquaculture industry. 77—Validity of acts of ATAB An act or proceeding of ATAB is not invalid by reason only of a vacancy in its membership or a defect in the election or appointment of a member. 78—Procedures of ATAB (1) A quorum of ATAB consists of 4 members. (2) If the presiding member of ATAB is absent from a meeting of ATAB, a member chosen by the members present at the meeting will preside. (3) A decision carried by a majority of the votes cast by the members present at a meeting of ATAB is a decision of ATAB. (4) Each member present at a meeting of ATAB has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (5) A conference by telephone or other electronic means between the members of ATAB will, for the purposes of this section, be taken to be a meeting of ATAB at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by ATAB for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of ATAB becomes a valid decision of ATAB despite the fact that it is not voted on at a meeting of ATAB if— (a) notice of the proposed resolution is given to all members of ATAB in accordance with procedures determined by ATAB; and (b) a majority of the members express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution. (7) ATAB must have accurate minutes kept of its meetings. (8) Subject to this Act, ATAB may determine its own procedures. Division 4—Fund 79—Aquaculture Fund (1) The Aquaculture Fund is established. (2) The Fund must be kept as directed by the Treasurer. (3) The Fund is to consist of the following money: (a) the prescribed percentage of fees (other than expiation fees) paid under this Act; (b) expiation fees and the prescribed percentage of penalties recovered in respect of offences against this Act; (c) rent or any other amount (not being fees) paid to or recovered by the Minister under this Act; (d) any money appropriated by Parliament for the purposes of the Fund; (e) any money paid into the Fund at the direction or with the approval of the Minister and the Treasurer; (f) any income from investment of money belonging to the Fund; (g) any money paid into the Fund under any other Act. (4) The Fund may be applied by the Minister (without further appropriation than this subsection)— (a) for the purposes of any investigations or other projects relating to the management of aquaculture resources; or (ab) for the purposes of research or development relating to the aquaculture industry; or (ac) for the purposes of taking action to remove or recover aquaculture equipment or stock, or equipment used to mark‑off or indicate the boundaries of a marked‑off area of a lease, in accordance with this Act; or (b) towards the costs of administration of this Act. (5) The Minister may, with the approval of the Treasurer, invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as is approved by the Treasurer. Division 5—Public register 80—Public register (1) The Minister must maintain a public register. (2) The register must contain— (a) in respect of each application for an aquaculture lease, for the conversion of a pilot lease to a production lease or for an aquaculture licence— (i) the name of the applicant; and (ii) a description of the class of lease or licence sought; and (iii) in the case of a lease, a description of the lease area or proposed lease area; and (iv) in the case of a licence authorising aquaculture, a description of— (A) the proposed licence area; and (B) the species of aquatic organisms proposed to be farmed; and (C) the farming system proposed to be used; and (b) the terms and conditions of each aquaculture lease and aquaculture licence issued under this Act; and (c) the names of the lessees and licensees; and (d) an accurate description of the area of the lease or licence; and (e) a summary of each environmental monitoring report furnished to the Minister in accordance with the regulations or the conditions of the licences; and (ea) a description of each application for an aquaculture tourism development authorisation and related tourism lease or tourism licence under Part 7A; and (eb) a description of each aquaculture tourism development authorisation, tourism lease and tourism licence granted under Part 7A; and (f) any other information (other than commercially sensitive information) the Minister considers appropriate to the public register. (2a) The Minister must, on application by the holder of an aquaculture lease or licence, or a tourism lease or tourism licence under Part 7A, and payment of the fee fixed by regulation, make a notation on the register that a specified person nominated by the holder has an interest in the lease or licence. (2b) If the register includes a notation that a specified person has an interest in an aquaculture lease or licence, or a tourism lease or tourism licence under Part 7A— (a) the Minister must give written notice to that person of— (i) any proceedings for an offence against this Act commenced against the holder of the lease or licence setting out particulars of the alleged offence; and (ii) any notice given to the holder of the lease or licence proposing to cancel or not to renew the lease, suspend or cancel the licence or vary the lease or licence conditions; and (iii) any notice given to the holder of the lease or licence directing the holder to take action required by conditions of the lease or licence; and (b) the Minister must, on application by that person, remove that notation from the register. (2c) The Minister may remove from the register information relating to— (a) applications that have been determined; or (b) leases or licences that have been cancelled or otherwise terminated. (3) The public register may be kept in the form of a computer record. 81—Public register to be available for inspection (1) The public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister. (2) The Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection. (3) The Minister must ensure that the public register can be inspected at a website determined by the Minister. Division 6—Fisheries officers and their powers 82—Fisheries officers and their powers (1) Fisheries officers may exercise their powers under the Fisheries Management Act 2007 for the purposes of the administration and enforcement of this Act. (2) This Act is to be read as if the provisions of Part 8 Division 1 Subdivision 2 and Subdivision 5 of the Fisheries Management Act 2007 were incorporated in this Act (subject to any modifications prescribed by regulation) together with any definitions contained in the Fisheries Management Act 2007 of terms used in those provisions.