Div 5Emergency leases

Division 5—Emergency leases 40—Granting of leases and corresponding licences in circumstances of emergency (1) The Minister may grant an emergency lease in an area to which this Part applies, on his or her own initiative or on the application of the holder of a pilot lease, production lease or research lease, if the Minister is satisfied that circumstances of emergency exist such that the granting of the lease is warranted for the protection of the environment or the preservation of endangered aquaculture stock. (2) An emergency lease may be granted in respect of an area within or outside an aquaculture zone, but may not be granted in respect of an area within an aquaculture exclusion zone. (3) The Minister may grant a corresponding licence for an emergency lease containing specified conditions, on his or her own initiative or on application, without public notice of the application being published and without the matter being referred to the EPA. 43—Only holder of leases affected by emergency may hold emergency leases Only the holder of the lease affected by the emergency giving rise to the grant of an emergency lease may hold the emergency lease. 44—Term and renewal of emergency leases (1) The term of an emergency lease is 6 months or a lesser period specified in the lease. (2) An emergency lease is renewable for successive terms but not so the aggregate of the terms exceeds the period reasonably required for response or recovery following the emergency. (3) This section has effect subject to provisions of this Act or an emergency lease for the renewal or cancellation of the lease. 44A—EPA and Minister to be notified of emergency lease The Minister must ensure that the EPA and, in any case where concurrence of the Minister responsible for the administration of the Harbors and Navigation Act 1993 is not required (see section 20), that Minister are notified of a proposal to grant or renew an emergency lease.