49Process for renewing aquaculture leases

49 Process for renewing aquaculture leases

49 Process for renewing aquaculture leases

(1) If the Minister decides to renew an aquaculture lease, the Minister must give the applicant the following documents—

(a) a copy of the plan of the area,

(b) a draft lease document in accordance with Schedule 2, Form 1.

(2) The Minister must not renew the aquaculture lease unless the applicant lodges with the Minister the draft lease document signed by the applicant within—

(a) 60 days after being given the documents under subsection (1), or

(b) a longer period allowed by the Minister.

(3) Subject to the Act, section 167, the Minister may refuse an application to renew an aquaculture lease if—

(a) if the applicant is an individual—the applicant is disqualified under the Act, section 161 from holding an aquaculture permit, or

(b) if the applicant 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

(c) the applicant has outstanding rent, contributions or other amounts payable to the Minister for a lease, or

(d) the applicant has, in the Minister’s opinion, a poor record of managing 1 or more leased areas, or

(e) in the Minister’s opinion, it would not be in the public interest to renew the lease.

(4) As soon as reasonably practicable after renewing an aquaculture lease, the Minister must—

(a) give the lessee a statement specifying—

(i) the fees, rents or other amounts payable by the lessee in connection with the grant of the lease, and

(ii) the due date by which each of the fees, rents and amounts must be paid, and

(b) publish notice of the renewal of the lease in the Gazette, including details of the lessee.

(5) The lessee must pay in full the fees, rents and amounts referred to in subsection (4)(a)(i) by the due dates specified in the statement.