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Marine Farming Planning Act 1995
66Renewal of lease
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### 66 Renewal of lease
> > (1) [*\[Section 66 Subsection (1) amended by No. 61 of 2001, s. 34, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS34@EN) A lessee, within 15 years before the lease expires, may apply to the Minister for the renewal of the lease.
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> > (2) An application is to be –
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> > > > (a) in an approved form; and
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> > > > (b) accompanied by the prescribed fee; and
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> > > > (c) lodged with the Minister.
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> > (3) The Minister must deal with an application within 3 months after it is lodged or any longer period if the circumstances justify it.
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> > (4) The Minister may grant an application for renewal if satisfied that –
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> > > > (a) the applicant has complied with the conditions of a lease; and
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> > > > (b) the applicant does not have 200 or more demerit points; and
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> > > > (c) to do so is consistent with the objectives of resource management; and
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> > > > (d) the application is consistent with the appropriate marine farming development plan; and
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> > > > (e) the applicant has not been convicted of an offence under any law of another State or Territory of the Commonwealth relating to marine farming.
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> > (5) The Minister must refuse to grant an application for renewal if not satisfied as to the matters referred to in [subsection (4)](#GS66@Gs4@EN) .
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> > (6) If the Minister grants an application before the lease expires, the lease, as renewed, commences –
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> > > > (a) on the date it was due to expire; or
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> > > > (b) on an earlier date by the agreement of the Minister and the lessee.
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> > (7) If the Minister grants an application after the lease expires –
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> > > > (a) the expired lease is taken to have continued in force from the date it expired until the application was granted; and
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> > > > (b) the lease, as renewed, is taken to have commenced on the date on which the original lease expired.
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> > (8) A lease, as renewed –
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> > > > (a) is in force for the period, not exceeding 30 years, specified in the lease; and
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> > > > (b) is subject to any condition and restriction the Minister specifies in the lease.
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> > (9) The Minister, by notice in writing served on the applicant, must notify the applicant of –
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> > > > (a) the granting of the application; or
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> > > > (b) the refusal to grant the application and the reasons for the refusal.
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> > (10) If the Minister renews a lease, the Minister is to issue a new lease in an approved form.