66Renewal of lease

66 Renewal of lease

(1)  [Section 66 Subsection (1) amended by No. 61 of 2001, s. 34, Applied:19 Sep 2001] A lessee, within 15 years before the lease expires, may apply to the Minister for the renewal of the lease.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by the prescribed fee; and

(c) lodged with the Minister.

(3)  The Minister must deal with an application within 3 months after it is lodged or any longer period if the circumstances justify it.

(4)  The Minister may grant an application for renewal if satisfied that –

(a) the applicant has complied with the conditions of a lease; and

(b) the applicant does not have 200 or more demerit points; and

(c) to do so is consistent with the objectives of resource management; and

(d) the application is consistent with the appropriate marine farming development plan; and

(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.

(5)  The Minister must refuse to grant an application for renewal if not satisfied as to the matters referred to in subsection (4) .

(6)  If the Minister grants an application before the lease expires, the lease, as renewed, commences –

(a) on the date it was due to expire; or

(b) on an earlier date by the agreement of the Minister and the lessee.

(7)  If the Minister grants an application after the lease expires –

(a) the expired lease is taken to have continued in force from the date it expired until the application was granted; and

(b) the lease, as renewed, is taken to have commenced on the date on which the original lease expired.