Cancelled farm lease, pearl oysters etc. to be removed from; consequences of non‑removal
31 Cancelled farm lease, pearl oysters etc. to be removed from; consequences of non‑removal
If a person who held a farm lease that has been cancelled under section 27 or 30 has not removed from the pearl oyster farm specified in that farm lease all pearl oysters, pearls, pearl oyster spat and equipment associated with pearling or hatchery activities within —
3 months from the cancellation of that farm lease; or
if an application for a review is made under Part 4 against a cancellation under section 30(2) but is then withdrawn, 3 months from the day on which the application is withdrawn; or
if, on an application for review made under Part 4 against a cancellation under section 30(2), an order is made by the State Administrative Tribunal that results in the lease remaining cancelled, 3 months after —
the time fixed for applying for leave to appeal from the order under section 105 of the State Administrative Tribunal Act 2004 has passed without an application having been made; or
leave to appeal has been refused; or
leave to appeal has been granted and the time fixed for instituting an appeal has passed without an appeal having been instituted; or
an appeal has been instituted and has been withdrawn, dismissed or otherwise determined unfavourably;
or
such time as the CEO allows in writing,
whichever is the latest in time, then those pearl oysters and pearls and that pearl oyster spat and equipment are forfeited to the Crown by operation of this section.
Everything forfeited to the Crown by operation of this section shall be destroyed or dealt with in such manner as the Minister directs and, where forfeited goods are sold as a result of a direction by the Minister, the proceeds from that sale shall be credited to the Fisheries Research and Development Account.
[Section 31 amended: No. 49 of 1996 s. 64; No. 55 of 2004 s. 904; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(3).]
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