73Transfer of lease

### 73 Transfer of lease > > (1)  A lessee may apply to the Minister for approval to transfer the lease. > > > (2)  [*\[Section 73 Subsection (2) amended by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpa@EN) The 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 may – > > > > > > (a) [*\[Section 73 Subsection (3) amended by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpb@EN) approve the transfer of the lease; or > > > > > > > (b) [*\[Section 73 Subsection (3) amended by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpc@EN) refuse to approve the transfer of the lease. > > > (4)  [*\[Section 73 Subsection (4) substituted by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpd@EN) However, if the lessee holds a marine farming licence authorising the lessee to carry on marine farming in respect of the lease area, the Minister is not to approve the transfer of the lease unless the Minister has already agreed to the transfer of the marine farming licence. > > > (5)  [*\[Section 73 Subsection (5) amended by No. 61 of 2001, s. 39, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS39@EN) [*\[Section 73 Subsection (5) substituted by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpd@EN) If the Minister approves the transfer of the lease, it is transferred subject to the same conditions and restrictions that it was subject to immediately before the transfer unless the Minister varies them under this Part. > > > (6)  [*\[Section 73 Subsection (6) amended by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpf@EN) [*\[Section 73 Subsection (6) amended by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpe@EN) If the Minister approves the transfer of the lease, the Minister, by notice in writing, is to inform the lessee of the approval. > > > (7)  [*\[Section 73 Subsection (7) inserted by No. 8 of 2007, s. 4, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS4@Hpg@EN) For the avoidance of doubt – > > > > > > (a) no approval for the transfer of a lease given under [subsection (3)(a)](#GS73@Gs3@Hpa@EN) before the commencement of the [Marine Farming Planning Amendment Act 2007](/view/html/inforce/2026-04-12/act-2007-008) is to be taken as having been invalid by reason only that the Minister had not already agreed to the transfer of a marine farming licence authorising the transferor of the lease to carry on marine farming in respect of the lease area; and > > > > > > > (b) no transfer of a lease effected pursuant to this section before the commencement of the [Marine Farming Planning Amendment Act 2007](/view/html/inforce/2026-04-12/act-2007-008) is to be taken as having been invalid by reason only that – > > > > > > > > > > (i) the transfer of the lease was approved by the Minister before he or she had agreed to the transfer of a marine farming licence authorising the transferor of the lease to carry on marine farming in respect of the lease area; and > > > > > > > > > > > (ii) the lease was not transferred in conjunction with such a marine farming licence.