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) 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) 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.