22Restrictions on draft marine farming development plan

### 22 Restrictions on draft marine farming development plan > > (1)  A draft marine farming development plan must not prevent the use of any water within a lease area unless the lessee and the Minister agree – > > > > > > (a) to compensation; or > > > > > > > (b) to an alternative lease area. > > > (2)  [Subsection (1)](#GS22@Gs1@EN) does not apply to a use of water – > > > > > > (a) which has stopped for a continuous period of 2 years; or > > > > > > > (b) which has stopped for 2 or more periods which together total 2 years in any period of 3 years; or > > > > > > > (c) in the case of a seasonal use, which does not take place for 2 years in succession. > > > (3)  [Subsection (1)](#GS22@Gs1@EN) does not apply – > > > > > > (a) to the extension or transfer of a use of water from one part of the lease area to another part; or > > > > > > > (b) if the use of any water is substantially different to that specified as a condition of the lease.