146Issue or refusal of permit

#### 146 Issue or refusal of permit 146 Issue or refusal of permit > > (1) The Minister may issue or refuse to issue an aquaculture permit to an applicant for the permit. > > > (1A) The issue of an aquaculture permit in relation to integrated development within the meaning of section 4.46 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) is subject to Division 4.8 of that Act. > > > (2) The Minister may only refuse to issue the permit if— > > > > > (a) the application was not duly made, or > > > > > (b) in the case of an individual—the applicant is disqualified under section 161 from holding an aquaculture permit, or > > > > > (c) in the case of a corporation—the applicant or any of the directors or other persons concerned in the management of the corporation is disqualified under section 161 from holding an aquaculture permit, or > > > > > (d) the Minister is not satisfied that the applicant has prepared an appropriate commercial farm development plan, or > > > > > (e) the Minister is not satisfied that the applicant has the expertise necessary to undertake the aquaculture successfully, or > > > > > (f) the area where the applicant proposes to undertake aquaculture is not available or suitable for that purpose, or > > > > > (g) the application is inconsistent with any relevant aquaculture industry development plan, or > > > > > (h) the Minister is otherwise authorised or required by the regulations, or by this or any other Act, to refuse to issue the permit. > > > (3) Before refusing to issue a permit under this section, the Minister is required to give the applicant an opportunity to be heard on the matter or to make written submissions on the matter. > > > (4) An applicant may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a refusal of the Minister to issue a permit under this section. > > **s 146:** Am 1997 No 77, Sch 5.14 \[3\]; 1997 No 152, Sch 4.10 \[1\]; 1998 No 54, Sch 2.17 \[1\]; 2013 No 95, Sch 2.62 \[3\]; 2019 No 14, Sch 2.8\[2\].