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Marine Farming Planning Act 1995
67Variation of lease
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### 67 Variation of lease
> > (1) [*\[Section 67 Subsection (1) amended by No. 61 of 2001, s. 35, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS35@Hpa@EN) The Minister may vary a lease or a lease area –
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> > > > (a) [*\[Section 67 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja38@GC1@EN) at the request of the Minister responsible for administering the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) and with the consent of the holder of the lease; or
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> > > > (b) at the request of the lessee; or
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> > > > (c) if the lessee is convicted of an offence under this Act; or
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> > > > (d) to correct any minor errors in the lease.
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> > (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.
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> > (3) Compensation is not payable in respect of any action by the Minister under [subsection (2)](#GS67@Gs2@EN) .
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> > (4) The Minister may vary any condition of a lease as a condition of varying the lease at the request of the lessee.
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> > (5) Before varying any condition of a lease, the Minister must –
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> > > > (a) inform the lessee of the intention to vary the condition; and
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> > > > (b) invite the lessee to make any written submission; and
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> > > > (c) consider that submission.
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> > (6) [*\[Section 67 Subsection (6) inserted by No. 61 of 2001, s. 35, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS35@Hpb@EN) Before varying a lease area, the Minister must –
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> > > > (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
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> > > > (b) be satisfied that the proposed variation is not likely to unreasonably affect the quality of the water in any other lease area.
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> > (7) [*\[Section 67 Subsection (7) inserted by No. 61 of 2001, s. 35, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS35@Hpb@EN) The Minister, by notice in writing, must notify any lessee referred to in [subsection (6)](#GS67@Gs6@EN) of any variation made to a lease area.