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 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 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].