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Fisheries Management Act 1994
176Power to withdraw land from lease
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#### 176 Power to withdraw land from lease
176 Power to withdraw land from lease
> > (1) The Minister may, by notice published in the Gazette, withdraw from an aquaculture lease any land (whether the whole or any part of the leased area) required for a public purpose.
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> > (2) A public purpose is any public purpose for which land may, under section 7.8 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), be withdrawn from a lease under that Act.
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> > (3) On publication of the notice, the lessee becomes entitled to compensation. The provisions of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) relating to the payment of compensation for land acquired by compulsory process apply (with such modifications as are prescribed by the regulations) to the payment of compensation under this section.
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> > (4) Compensation under this section—
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> > > (a) is payable from money to be provided by Parliament, or
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> > > (b) if the area concerned is withdrawn at the request of a public authority—is payable by that public authority.
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> > (5) The Minister may, by notice published in the Gazette, revoke or modify a withdrawal under this section.
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> > (6) A withdrawal under this section does not operate to extinguish any debt to the Crown or Minister relating to the land withdrawn, except to the extent the Minister directs.
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> > (7) On withdrawal of land from a lease under this section, the Minister is to redetermine the rental of the lease in accordance with this Part.
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> > (8) A provision of this section does not apply to an aquaculture lease to the extent that it is inconsistent with a special condition of the lease relating to the withdrawal of land from the lease for a public purpose.
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> **s 176:** Am 2017 No 17, Sch 4.32 \[2\].