58Consolidation of aquaculture leases—the Act, s 191(h)

58 Consolidation of aquaculture leases—the Act, s 191(h)

58 Consolidation of aquaculture leases—the Act, s 191(h)

(1) An application by a lessee of 2 or more adjoining leased areas for the consolidation of the leases (the original leases) into a single lease (the consolidated lease) must be—

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

(b) accompanied by the processing fee specified in Schedule 3, Part 2, item 22.

(2) The Minister must—

(a) grant the application, or

(b) refuse to grant the application.

(3) If the Minister grants the application—

(a) the Minister may decide—

(i) the term of the consolidated lease, and

(ii) the covenants and conditions of the consolidated lease, and

(iii) the rent payable for the consolidated lease, and

(iv) other matters necessary to prepare the consolidated lease document, and

(b) the Minister must give the lessee the following documents—

(i) a copy of the plan of the leased area comprised in the consolidated lease,

(ii) a draft lease document for the consolidated leased area in accordance with Schedule 2, Form 1.

(4) The consolidation of the original leases under this section does not extinguish any debt to the Crown or Minister relating to the original leases, except to the extent directed by the Minister.

(5) The consolidated lease has no effect unless the lessee lodges with the Minister the draft lease document signed by the lessee within—

(a) 60 days after being given the documents under subsection (3)(b), or

(b) a further period allowed by the Minister.

(6) The Minister must publish notice of the consolidation of the leases in the Gazette.