Marine Farming Planning Act 1995

If a marine farming zone is designated under a privately prepared draft plan or as a result of a privately requested amendment to a marine farming development plan, the Minister may – invite the relevant person to apply for a lease in respect of the marine farming zone; or seek the advice of the Board as to – the persons or class of persons who should participate in the process leading to the allocation of a lease in respect of the marine farming zone; and whether the process referred to in subparagraph (i) is one in which a person holding a certificate of preference may participate.

If a marine farming zone is designated otherwise than – under a privately prepared draft plan; or as a result of a privately requested amendment to a marine farming development plan – the Minister is to seek the advice of the Board as to – the persons or class of persons who should participate in the process leading to the allocation of a lease in respect of the marine farming zone; and whether the process referred to in paragraph (c) is one in which a person holding a certificate of preference may participate.

The Board is to advise the Minister not later than 30 days or any longer period the Minister allows after the Minister seeks its advice.

After considering the Board's advice, the Minister must decide on who should participate in the process leading to the allocation of a lease.

This section does not apply to – a lease granted under section 62, 69(2) or 81(6); or a lease issued under section 84(4)(b); or a lease renewed under section 66; or a lease varied under section 67.

In this section – privately prepared, draft plan, means a draft plan prepared pursuant to an approval under section 16; privately requested amendment, of a marine farming development plan, means an amendment of the plan requested under section 33; relevant person means – for a privately prepared draft plan, the person who prepared the draft plan; and for a privately requested amendment of a marine farming development plan, the person who requested the amendment.