Marine Farming Planning Act 1995
124Disqualification from obtaining lease
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124 Disqualification from obtaining lease
(1) The following are disqualified from obtaining or holding a lease:
(a) [Section 124 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] [Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007] a person to whom 200 or more demerit points have been allocated;
(b) [Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007] a person who is or has been a partner in a partnership or a major shareholder in a body corporate to which 200 or more demerit points have been allocated;
(c) a partnership or body corporate which has or had a partner or major shareholder –
(i) [Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007] to whom 200 or more demerit points have been allocated; or
(ii) [Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007] who has been a partner of another partnership or major shareholder in another body corporate to which 200 or more demerit points have been allocated.
(2) A major shareholder is a person who holds more than 10% of the issued shares in a partnership or body corporate.
(3) The Secretary, by notice in writing, must notify a person of –
(a) any disqualification; and
(b) the date on which the disqualification takes effect.
(4) [Section 124 Subsection (4) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007] A person must transfer, to a person who is not their associate, a lease to which a disqualification relates –
(a) within 6 months after receipt of a notice under ; and