Aquaculture Regulations 2016

The Minister may, on application by the holder of a production lease for division of the lease area into separate production lease areas—

substitute the original lease with leases of the same kind over the separate lease areas; and

substitute the corresponding licences relating to the original lease with corresponding licences relating to the substituted leases.

The following rules apply to the substitution of leases and corresponding licences under this regulation:

there must be no change in the persons holding a lease or corresponding licence;

the terms of the substituted leases must be for the balance of the term of the original lease;

the lease areas of the substituted leases must together make up the lease area of the original lease;

the area in which a licensee is authorised to carry on aquaculture must not be altered;

the conditions of a substituted lease or corresponding licence must be the same as the conditions of the original lease or corresponding licence, except for conditions designating a lease area or licence area, conditions relating to marking out the boundaries of a lease area or licence area or conditions relating a licence to a lease.

An application for division of a lease area into separate lease areas—

must be made to the Minister in the manner and form required by the

must be accompanied by a plan delineating—

the lease area of the original lease; and

the licence areas of the corresponding licences relating to the original lease; and

the separate lease areas into which the original lease area is to be divided; and

the licence areas of the corresponding licences that are to relate to the substituted leases over the separate lease areas; and

if the public register includes a notation that a specified person has an interest in the original lease—must be accompanied by evidence that the person consents to the division; and

must be accompanied by the prescribed fee.

While a licensee continues to hold a number of corresponding licences over adjoining licence areas as a result of the substitution of the licences under this regulation, the licences will, for the purposes of these regulations, be treated as a single licence held by the licensee over the aggregate of the adjoining licence areas.