Part 6Leases

Part 6—Leases 18—Application of Part This Part applies to an area comprised of— (a) State waters; or (b) State waters and adjacent land within the meaning of the Harbors and Navigation Act 1993. 19—Requirement for lease (1) An aquaculture licence may not be granted so as to authorise the carrying on of aquaculture in an area to which this Part applies unless the area is the subject of an aquaculture lease granted by the Minister. (2) However— (a) an aquaculture licence may be granted despite the area not being the subject of an aquaculture lease if the aquaculture is to be carried out on a navigable vessel as it operates within the area; and (b) an aquaculture licence may be granted subject to conditions regulating the towing of farming structures containing stock by means of navigable vessel to or from the area of the lease and the feeding of the stock or the taking of other action in relation to the stock during the movement of the stock. 20—Concurrence under Harbors and Navigation Act (1) The power of the Minister to grant an aquaculture lease in respect of an area to which this Part applies is subject to the requirement under section 15 of the Harbors and Navigation Act 1993 for the concurrence of the Minister responsible for the administration of that Act. (2) However, the concurrence of the Minister is not required— (a) for the substitution of an aquaculture lease following the division of lease areas into separate lease areas, or the amalgamation of lease areas, in accordance with the regulations; or (b) for the grant of an emergency lease over an area that is not within a port or harbor within the meaning of the Harbors and Navigation Act 1993. 21—Leases not permitted in respect of aquaculture exclusion zones An aquaculture lease may not be granted in respect of an area within an aquaculture exclusion zone. 22—General process for grant and renewal of leases and corresponding licences (1) Subject to section 40 (under which an emergency lease may be granted on the initiative of the Minister), an aquaculture lease may only be granted or renewed on application under this Part. (2) An application for the grant or renewal of an aquaculture lease— (b) must be accompanied by a fee of the amount determined by the Minister. (2a) An application for the grant of an aquaculture lease must be accompanied by an application for a corresponding licence. (2b) The term of a corresponding licence is co‑extensive with the term of the lease, and the licence is renewed for a further term on each renewal of the lease (without any requirement for an application). (2c) Subsection (2b) has effect subject to the power of the Minister to suspend or cancel an aquaculture licence. (2d) An application for a corresponding licence— (b) must be accompanied by an application fee for the licence of the amount prescribed by regulation. (3) An applicant for an aquaculture lease or corresponding licence must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration. (4) The grant of an aquaculture lease must be notified in the Gazette. (5) If the Minister decides not to grant or renew an application for an aquaculture lease, the Minister must, at the request of the applicant, give the applicant a written statement of the Minister's reasons for the decision. 25—Lease conditions The conditions of an aquaculture lease may— (a) fix the term of the lease (subject to this Act); and (b) fix amounts payable, whether as rent or otherwise, for or under the lease; and (c) specify performance criteria to be met in relation to the lease; and (d) provide for cancellation of the lease by the Minister and the grounds for cancellation; and (e) provide for variation of the lease or its conditions by the Minister and the grounds for variation; and (f) provide for renewal of the lease; and (g) prevent or regulate the grant of subleases; and (h) make any other provision the Minister considers appropriate. 25A—Variation of lease or lease conditions by or with consent of lessee (1) Subject to this section, an aquaculture lease or its conditions may be varied by the Minister by written notice to the lessee on application by or with the consent of the lessee. (2) The variation must not increase the size of the area leased. (3) If the variation consists of or involves the substitution of the area leased, the following provisions apply: (a) the variation may not be made if the lease is registered under the Real Property Act 1886; (b) if the original area leased was within an aquaculture zone, the new area leased must not be within a different aquaculture zone; (c) if the new area leased is in a different location outside an aquaculture zone, the variation is subject to the requirement under section 15 of the Harbors and Navigation Act 1993 for the concurrence of the Minister responsible for the administration of that Act as if the variation involved the grant of a lease; (d) the variation may not be made unless the holder of each corresponding licence has requested or consented to a variation of the conditions of the licence by substitution of the licence area and, in the case of a matter that is required to be referred to the EPA under section 59, the matter has been so referred and the EPA has approved the variation (to take effect on the variation of the lease). (4) If the public register includes a notation that a specified person has an interest in an aquaculture lease, the lease may not be varied unless the specified person consents to the variation. (5) An application for the variation of an aquaculture lease or its conditions— (b) if the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the variation; and (6) This section does not derogate from the Minister's power to vary the lease or its conditions on grounds specified in the conditions of the lease. 25B—Cancellation of lease (1) The Minister may cancel an aquaculture lease on the grounds that— (a) aquaculture has not commenced or has ceased to be carried on in the area leased; or (b) performance criteria specified in the regulations or the lease have not been met; or (c) an amount has not been paid for or under the lease in accordance with its conditions. (2) Before the Minister cancels an aquaculture lease under this section, the Minister must— (a) give the lessee written notice— (i) specifying the matters alleged to constitute proper cause for cancellation of the lease; and (ii) stating that the Minister proposes to cancel the lease; and (iii) allowing the lessee a reasonable opportunity to show cause why the lease should not be cancelled; and (b) if the public register includes a notation that a specified person has an interest in the lease—provide the specified person with a copy of the notice given to the lessee under paragraph (a). (3) This section does not derogate from the Minister's power to cancel a lease on grounds specified in the conditions of the lease. 25C—Surrender of lease (1) An aquaculture lease may be surrendered with the consent of the Minister. (2) If the public register includes a notation that a specified person has an interest in an aquaculture lease, the lease may not be surrendered unless the specified person consents to the surrender. (3) An application for the consent of the Minister to the surrender of an aquaculture lease— (b) if the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the surrender; and 25D—Corresponding licences terminated on termination of lease If an aquaculture lease is cancelled or otherwise terminated, each corresponding licence is terminated. 26—Classes of leases Aquaculture leases are divided into the following classes: (a) pilot leases; (c) production leases; (ca) research leases; (d) emergency leases. Division 2—Pilot leases 27—Pilot leases outside aquaculture zones A pilot lease may only be granted in respect of an area comprising or including State waters outside of an aquaculture zone. 28—Granting of corresponding licence for pilot lease (1) The Minister may grant a corresponding licence for a pilot lease containing specified conditions if— (i) the grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and (i) has caused public notice of the application to be published on a website determined by the Minister or in a newspaper circulating generally in the State and invited interested persons to make written submissions on the application within the period allowed in the notice; and (2) The Minister must, at the request of a person who has made a written submission to the Minister under subsection (1), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited. 29—Term and renewal of pilot leases (1) The term of a pilot lease is 12 months or a lesser period specified in the lease. (2) A pilot lease is renewable for successive terms but not so the aggregate of the terms exceeds 5 years. (3) This section has effect subject to provisions of this Act or a pilot lease for the renewal or cancellation of the lease. 30—Pilot leases not transferable A pilot lease is not transferable. 31—Licences may only be held by lessees Only the lessee under a pilot lease may hold the corresponding licence.