NSWIn ForceAct
Fisheries Management Act 1994
152Conditions of permits
Start here
Get a plain-English read of 152
Turn the raw legal text into a practical explanation grounded in Fisheries Management Act 1994.
#### 152 Conditions of permits
152 Conditions of permits
> > (1) An aquaculture permit is subject to—
> >
> > > (a) such conditions as are prescribed by the regulations, and
> >
> > > (b) such conditions as are specified in the permit or as the Minister notifies to the permit holder while the permit is in force.
>
> > (2) Without limiting subsection (1), conditions may include—
> >
> > > (a) conditions regulating the type of aquaculture that may be undertaken under the authority of the permit, and
> >
> > > (b) conditions relating to the erection of structures on the area to which the permit relates, and
> >
> > > (c) conditions relating to the escape of fish, effluent or any other thing from the area to which the permit relates, and
> >
> > > (d) conditions requiring the permit holder to enter into a bond or guarantee or other financial arrangement for the due performance of the holder’s obligations under this Act (including for the restoration of, or removal of material from, the area in which the aquaculture has been undertaken), and
> >
> > > (e) conditions requiring the permit holder to maintain public liability insurance and to indemnify the State and its agents in connection with the undertaking of the aquaculture, and
> >
> > > (f) conditions relating to the review of the commercial farm development plan of the permit holder, and
> >
> > > (g) conditions requiring the destruction or control of pests (within the meaning of the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024)).
>
> > (3) The holder of an aquaculture permit is guilty of an offence if, without lawful excuse, a condition of the permit is contravened.
> >
> > Maximum penalty—In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.
>
> > (4) The Minister may, at any time by notice in writing to the holder of the permit, revoke or vary the conditions of an aquaculture permit (other than conditions prescribed by the regulations).
>
> > (5) The regulations may make provision for or with respect to bonds, guarantees and other financial arrangements entered into under a condition of an aquaculture permit.
>
> **s 152:** Am 2009 No 114, Sch 1 \[81\]; 2015 No 24, Sch 8.17 \[1\]; 2022 No 59, Sch 1.14\[7\].