Part 7Licences

Part 7—Licences 49—Applications for licences other than corresponding licences (2) An application for an aquaculture licence other than a corresponding licence— (b) must be accompanied by a fee of the amount prescribed by regulation. (3) An applicant for an aquaculture licence other than a 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. 50—Grant of licences other than corresponding licences (3) Subject to this Act, the Minister may grant an aquaculture licence (other than a corresponding licence) containing specified conditions on an application made under this Part 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 (5) The Minister must, at the request of a person who has made a written submission to the Minister under subsection (3), 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. 50A—Term and renewal of licences other than corresponding licences (1) An aquaculture licence other than a corresponding licence is granted for a term of 10 years or a lesser period specified in the licence, and is renewable for successive terms on application under this section. (2) An application for renewal of an aquaculture licence— (a) must be made to the Minister in the manner and form determined by the Minister; and (b) must be accompanied by a fee of the amount prescribed by regulation. (3) An applicant for renewal of an aquaculture 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) This section has effect subject to the power of the Minister to suspend or cancel an aquaculture licence. 51—Licences may be held jointly (1) An aquaculture licence may be held jointly by 2 or more persons. (2) If a licence is held jointly by 2 or more persons, those persons are jointly and severally liable to meet the requirements of this Act imposed on a licensee. 52—Licence conditions (1) On the grant of an aquaculture licence, the Minister may impose licence conditions as contemplated by this Act or as the Minister considers necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the licence conditions may— (a) limit the activities authorised by the licence; and (b) prohibit or restrict the sale or supply of aquatic organisms farmed under the licence, for example, if the aquaculture is to be carried out for the purposes of research or a business involving tourism; and (c) regulate the storing, maintaining, repairing or cleaning of farming structures associated with the activity; and (d) in the case of a corresponding licence—regulate the towing of farming structures containing stock by means of navigable vessel to or from the area of the corresponding licence and the feeding of the stock or the taking of other action in relation to the stock during the movement of the stock. (3) The Minister may vary licence conditions by written notice to the licensee— (a) on the renewal of the licence; or (b) if the licence is a corresponding licence or is granted or renewed for a term exceeding 1 year—at any time during the period of 3 months following the anniversary of the date on which the licence was granted or renewed; or (c) at any time— (i) with the consent of the licensee; or (ii) if the Minister considers that it is necessary to vary the condition— (A) in order to correct an error or make a change of form (not involving a change of substance); or (B) in order to prevent or mitigate significant environmental harm or the risk of significant environmental harm; or (C) in consequence of contravention of this Act by the licensee; or (D) in consequence of an amendment of the Act or the making, amendment or revocation of regulations or an aquaculture policy; or (iii) as provided by a licence condition or the regulations. (4) However, the variation of a licence condition will not take effect unless, 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 of the condition. (5) If the public register includes a notation that a specified person has an interest in the licence, the licence may not be varied with the consent of the licensee unless the specified person consents to the variation. (6) An application for the variation of conditions of a licence— (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 (7) A licensee must not contravene a condition of the licence. 53—Annual fees (1) The holder of an aquaculture licence must, each financial year not later than the date specified by the Minister by written notice to the holder, pay to the Minister a fee of the amount prescribed by regulation. (2) If the holder of an aquaculture licence fails to pay a fee in accordance with this section, the Minister may, by written notice, require the holder to make good the default and, in addition, to pay to the Minister the amount prescribed by regulation as a penalty for default. (3) If the holder of the licence fails to comply with the notice within the period (of at least 14 days) specified in the notice, the licence is suspended until the notice is complied with. (4) If the holder of the licence fails to comply with the notice within 6 months after the giving of the notice, the licence is cancelled. (5) The Minister must cause written notice of the suspension or cancellation to be given to the holder of the licence. 55—Transfer of licences (1) An aquaculture licence may be transferred by the licensee with the consent of the Minister. (2) The holder of an aquaculture lease may exercise the right to transfer a corresponding licence (with the consent of the Minister) if the licensee is no longer entitled under the lease to occupy the licence area. (3) If the public register includes a notation that a specified person has an interest in the licence, the Minister may only consent to the transfer if the specified person consents to the transfer. (4) An application for the consent of the Minister to the transfer of an aquaculture licence— (b) if the public register includes a notation that a specified person has an interest in the licence—must be accompanied by evidence that the person consents to the transfer; and 56—Surrender of licences (1) A licensee may, with the consent of the Minister, surrender the aquaculture licence to the Minister. (2) If the public register includes a notation that a specified person has an interest in the aquaculture licence, the Minister may only consent to the surrender if the specified person consents to the surrender. (3) An application for the consent of the Minister to the surrender of an aquaculture licence— (b) if the public register includes a notation that a specified person has an interest in the licence—must be accompanied by evidence that the person consents to the surrender; and 57—Suspension or cancellation of licences (1) Proper cause exists for the suspension or cancellation of an aquaculture licence if— (a) the licensee obtained the licence improperly; or (b) the licensee has failed to comply with a condition of the licence; or (c) the licensee, or, in the case of a corporation, a director of the licensee, has committed an offence against this Act or any other law of this State or another State or Territory of the Commonwealth relating to aquaculture, fishing or environment protection; or (d) a relevant statutory authorisation held by the licensee, or, in the case of a corporation, a director of the licensee, has been cancelled or suspended or the licensee, or, in the case of a corporation, a director of the licensee, has been disqualified from obtaining such an authorisation. (2) If proper cause exists for the suspension or cancellation of an aquaculture licence, the Minister may, by written notice to the licensee— (a) suspend the licence for a specified period or until the Minister terminates the suspension; or (b) cancel the licence. (3) Before the Minister suspends or cancels an aquaculture licence the Minister must give the licensee written notice— (a) specifying the matters alleged to constitute proper cause for suspension or cancellation of the licence; and (b) stating the action that the Minister proposes to take; and (c) allowing the licensee a reasonable opportunity to show cause why the proposed action should not be taken. 58—Power to require or carry out work (a) a licensee fails to take an action required by a condition of the licensee's aquaculture licence or by this Act; or (ab) on suspension of an aquaculture licence in respect of an area comprising or including State waters, the licensee fails to remove aquaculture stock, or aquaculture equipment, from the State waters; or (b) on cancellation or termination of an aquaculture licence in respect of an area comprising or including State waters, the former licensee fails to remove aquaculture equipment or stock from the State waters, the Minister may, by written notice to the licensee or former licensee, direct the person to take the action, or to remove the equipment or stock (or both). (2) A person to whom a direction is given under subsection (1) must comply with the direction within the time allowed in the notice. (3) If a person fails to comply with a direction under subsection (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person. (4) Equipment or stock removed by action taken by the Minister under subsection (3) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister thinks fit.