57Surrender of aquaculture lease—the Act, ss 174(2) and 289(1)

57 Surrender of aquaculture lease—the Act, ss 174(2) and 289(1)

57 Surrender of aquaculture lease—the Act, ss 174(2) and 289(1)

(1) An application to surrender an aquaculture lease must be—

(a) made to the Minister in the approved form, and

(b) accompanied by—

(i) the processing fee specified in Schedule 3, Part 2, item 19, and

(ii) for each additional application to surrender an aquaculture lease lodged on the same day—the processing fee specified in Schedule 3, Part 2, item 20.

(2) An application to surrender part of a leased area must be—

(a) made to the Minister in the approved form, and

(b) accompanied by—

(i) a description sufficient to identify the part of the leased area to be surrendered, and

(ii) a survey diagram or plan depicting the part, and

(iii) the processing fee specified in Schedule 3, Part 2, item 21.

(3) The Minister must—

(a) grant the application, or

(b) refuse to grant the application.

(4) The surrender of a lease or of part of a leased area has no effect unless—

(a) the Minister has consented to the surrender, and

(b) if the Minister consents to the surrender subject to conditions—the lessee has complied with the conditions.

(5) The Minister may refuse an application to surrender a lease or part of a leased area if—

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

(b) if the lessee is a corporation—the lessee, or a director or another person involved in the management of the lessee, is disqualified under the Act, section 161 from holding an aquaculture permit, or

(c) the lessee has outstanding rent, contributions or other amounts payable to the Minister for an aquaculture lease, or