Fisheries Management (Aquaculture) Regulation 2024
55Obtaining Minister’s consent to transfer aquaculture lease—the Act, s 173(2)
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55 Obtaining Minister’s consent to transfer aquaculture lease—the Act, s 173(2)
55 Obtaining Minister’s consent to transfer aquaculture lease—the Act, s 173(2)
(1) An application for the Minister’s consent to the transfer of an aquaculture lease must be—
(a) made to the Minister in the approved form, and
(b) accompanied by—
(i) the lease document, and
(ii) the processing fee specified in Schedule 3, Part 2, item 15, and
(iii) for each additional application for consent to transfer an aquaculture lease lodged on the same day—the processing fee specified in Schedule 3, Part 2, item 16.
(2) The Minister must—
(a) grant the application, or
(b) refuse to grant the application.
(3) The Minister may refuse the application if—
(a) if the transferee is an individual—the transferee is disqualified under the Act, section 161 from holding an aquaculture permit, or
(b) if the transferee is a corporation—the transferee, or a director or another person involved in the management of the transferee, is disqualified under the Act, section 161 from holding an aquaculture permit, or
(c) the transferor or the transferee has outstanding rent, contributions or other amounts payable to the Minister for an aquaculture lease, or
(d) the transferor or the transferee 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 grant the application.