5Occupation authorities

5 Occupation authorities

(1)  An occupation authority purportedly issued under the former Act is a valid occupation authority and has been validly issued under that Act despite any defect in its form or content.

(2)  An occupation authority in force under the former Act immediately before the Marine Farming commencement day is, on that day, a lease and –

(a) is subject to the same conditions and restrictions as it was under the former Act ; and

(b) continues to have effect and is in force for the remainder of its term unless the Minister sooner cancels it.

(3)  The Minister, to ensure that a lease is consistent with the Marine Farming Planning Act 1995 or a marine farming development plan, may –

(a) revoke or vary any condition or restriction imposed under the former Act in respect of the lease; and

(b) impose any other condition or restriction the Minister considers appropriate.

(4)  An occupation authority which is a lease by virtue of subsection (2) may be renewed, transferred, subdivided or subleased under the Marine Farming Planning Act 1995 even though there is no marine farming development plan in respect of the area to which the lease relates.