67Variation of lease

67 Variation of lease

(1)  [Section 67 Subsection (1) amended by No. 61 of 2001, s. 35, Applied:19 Sep 2001] The Minister may vary a lease or a lease area –

(a) [Section 67 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] at the request of the Minister responsible for administering the Public Health Act 1997 and with the consent of the holder of the lease; or

(b) at the request of the lessee; or

(c) if the lessee is convicted of an offence under this Act; or

(d) to correct any minor errors in the lease.

(2)  The Minister, if satisfied that a lease area is not being sufficiently or effectively used for marine farming, may reduce that area to an area which, in the opinion of the Minister, is an appropriate area.

(3)  Compensation is not payable in respect of any action by the Minister under subsection (2) .

(4)  The Minister may vary any condition of a lease as a condition of varying the lease at the request of the lessee.

(5)  Before varying any condition of a lease, the Minister must –

(a) inform the lessee of the intention to vary the condition; and

(b) invite the lessee to make any written submission; and

(c) consider that submission.

(6)  [Section 67 Subsection (6) inserted by No. 61 of 2001, s. 35, Applied:19 Sep 2001] Before varying a lease area, the Minister must –

(a) consult with any other lessees who may reasonably be expected to have the water quality in their lease areas affected by the proposed variation; and

(b) be satisfied that the proposed variation is not likely to unreasonably affect the quality of the water in any other lease area.