Aquaculture Regulations 2016

The Minister may, on application by the holder of 2 or more production leases for amalgamation of the lease areas into a single production lease area, substitute the original leases with a production lease over the amalgamated lease area.

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

the holder of each original lease must be the same person;

the substitution must not involve a change in the lessee;

the original leases must be of the same class;

the substitution must not involve a change in the class of lease;

the term of the substituted lease must be for the aggregate of the balance of the terms of the original leases, divided by the number of original leases;

the lease areas of the original leases must be adjoining;

the lease area of the substituted lease must be the aggregate of the lease areas of the original leases;

the substituted lease area must not have more than 6 corners except in exceptional circumstances approved by the Minister;

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

An application for amalgamation of 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 areas of the original leases; and

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

the lease area to be substituted; and

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

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

must be accompanied by the prescribed fee.