Fisheries Management Act 1994

It is a condition of an aquaculture permit that the area to which the permit applies is, if it is subject to an aquaculture lease, to be maintained in a tidy condition.

The Minister may, by notice in writing served on the holder of such a permit, require the holder, within the period specified in the notice—

to carry out such work (including the removal of posts or any other thing from the area concerned) as the Minister considers to be necessary to achieve compliance with the condition referred to in subsection (1), or

to remove from land (other than the area concerned) anything that has been left by the holder on that land or that has come from the area and become deposited on that land.

The Minister may, either on the application of the permit holder concerned or on the Minister’s own initiative, vary or revoke a notice under subsection (2) by serving the variation or revocation, in writing, on the permit holder concerned.

A permit holder who fails to comply with a notice under this section is taken to have contravened a condition of the permit.

If a notice under this section is not complied with, the Minister or an agent of the Minister may—

enter the area concerned and, with the owner’s consent, the land concerned, and

carry out such work as is necessary to achieve compliance with the requirements of the notice.

The Minister may sell or otherwise dispose of anything removed from the area concerned or the land concerned in accordance with subsection (4).

The proceeds of such a sale are to be applied towards the costs and expenses of—

the sale, and

the disposal of anything removed but not sold, and

the carrying out of the work.

Compensation is not payable to a permit holder in respect of anything done under this section.