42 Public notice before offering aquaculture leases by auction, public tender or ballot
42 Public notice before offering aquaculture leases by auction, public tender or ballot
(1) If the Minister decides that an area should be offered for lease by auction, public tender or ballot, the Minister must publish a notice (a proposed lease notice)—
(a) in the Gazette, and
(b) on a publicly available website administered by the department.
Note—
Under the Act, section 163(6), the Minister may lease land by auction, public tender or ballot even if an application has been made for a lease of the land.
(2) The proposed lease notice must include the following information—
(a) the area proposed to be offered for lease,
(b) the method by which it is proposed to offer the lease,
(c) any covenants or conditions to which the disposal of the lease, if offered, will be subject,
(d) the period (the submission period) within which persons may make written submissions to the Minister objecting to the leasing of the area.
(3) The submission period must be a period of at least 30 days after the date the notice is published.
(4) The Minister must send a copy of the proposed lease notice to each association representing holders of aquaculture permits that has notified the Minister of the association’s interest in being notified of the area being offered for lease.
(5) The Minister must consider any written submissions objecting to the leasing of the area made within the submission period.
(6) This section does not apply if the area proposed to be offered for lease is the subject of a development plan.
(7) In this section—
development plan has the same meaning as in the Act, section 143.