47Aquaculture leases offered by ballot

47 Aquaculture leases offered by ballot

47 Aquaculture leases offered by ballot

(1) This section applies if an aquaculture lease is offered by ballot.

(2) A person (a ballot applicant) may lodge an application for the lease in accordance with this division.

(3) The Minister must accept the application of the ballot applicant (the successful applicant) that is first drawn from the ballot, subject to the Minister approving the successful applicant for the purposes of proceeding with the application for the lease under this subsection.

(4) If the Minister approves the successful applicant under subsection (3), the successful applicant must, within 14 days after receiving the Minister’s approval, pay to the Minister the premium for the lease stated in the lease offer notice for the ballot.

(5) If the Minister does not approve the successful applicant under subsection (3), the successful applicant does not pay the premium under subsection (4) or the successful applicant withdraws the application—

(a) the Minister may draw another ballot application from the remaining ballot applications (the next drawn application), and

(b) the process under subsections (3)–(5) continues and applies in relation to the applicant under the next drawn application as if the next drawn application were the application first drawn from the ballot until—

(i) the Minister approves an applicant under subsection (3) and the applicant pays the premium for the lease under subsection (4), or

(ii) the Minister withdraws the offer of the lease by ballot.

(6) The Minister may, at any time, withdraw the offer of the lease by ballot.

(7) The Minister may refuse to approve an applicant under subsection (3) if—

(a) the applicant is not eligible to participate in the ballot, or

(b) the applicant’s ballot application does not comply with this part, or

(c) for an applicant who is an individual—the applicant is disqualified under the Act, section 161, from holding an aquaculture permit, or

(d) for an applicant that is a corporation—the applicant, or a director or another person involved in the management of the applicant, is disqualified under the Act, section 161 from holding an aquaculture permit, or