Fisheries Management Act 1994 Fisheries Management (Aquaculture) Amendment (Leases) Regulation 1997 (1997-366) [GG No 86 of 1.8.1997, p 5925] (NSW)

No judgment structure available for this case.

1997 No 366

New South Wales

Fisheries Management (Aquaculture)
Amendment (Leases) Regulation
1997
under the
Fisheries Management Act 1994
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.
Bob Martin
Minister for Mineral Resources and Minister for Fisheries
Explanatory note
The object of this Regulation is to provide for the subdivision of aquaculture leases. At present, the Fisheries Management (Aquaculture) Regulation 1995 provides for the amalgamation of aquaculture leases but not for the subdivision of aquaculture leases. This Regulation will allow a lease to be subdivided into 2 or more leases following application to the Minister.
This Regulation is made under the Fisheries Management Act 1994, including section 191 (regulations relating to aquaculture).

Published in Gazette No 86 of 1 August 1997, page 5925 Page 1

1997 No 366

Clause 1

Fisheries Management (Aquaculture) Amendment (Leases) Regulation 1997

Fisheries Management (Aquaculture) Amendment

(Leases) Regulation 1997

Name of Regulation
This Regulation is the Fisheries Management (Aquaculture)
Amendment (Leases) Regulation 1997.
Amendment of Fisheries Management (Aquaculture) Regulation
1995
The Fisheries Management (Aquaculture) Regulation 1995 is amended as set out in Schedule 1.

Notes

The explanatory note does not form part of this Regulation.

1997 No 366

Fisheries Management (Aquaculture) Amendment (Leases) Regulation 1997

Amendments Schedule 1

Schedule 1 Amendments

(Clause 2)

[1] Part 4, Division 5, heading
Omit the heading. Insert instead:

Division 5 Surrender, consolidation and subdivision of
aquaculture leases
[2] Clause 44A
Insert after clause 44:
44A Aquaculture leases may be subdivided

(1) A lessee may apply for the subdivision of a lease (the
original lease) into 2 or more leases.
(2) An application for subdivision must:

(a) be in a form approved by the Minister, and
(b) be lodged with the Minister, and

(c)

be accompanied by the lease document for the original lease and a processing fee of $100.
(3) The Minister may grant, or refuse to grant, an
application.

(4)

If an application is granted, the terms of the leases that result from the subdivision are to be the same as the remainder of the term of the original lease.
(5) The Minister may decide any matters relating to:

(a)

the covenants and conditions of the leases that result from the subdivision, and
(b) the rent payable for the leases, and

(c)

any other matters necessary for the preparation of the lease documents.

1997 No 366

Fisheries Management (Aquaculture) Amendment (Leases) Regulation 1997

Schedule 1

Amendments

(6) A lessee is entitled to the leases that result from a subdivision only if the lease document for the original lease is lodged with the Minister for replacement.
(7) The Minister must, when an application for subdivision has been granted, provide the lessee with a certified copy of the plan of the leased area comprised in each lease.
(8) The Minister must publish notice of the subdivision of
the lease in the Gazette.
(9) The subdivision of an original lease into 2 or more leases does not affect the application of section 167 (3) of the Act to the first renewal of those leases after the grant of the original lease.

Actions

Download as PDF Download as Word Document

Citations

Fisheries Management Act 1994 - Fisheries Management (Aquaculture) Amendment (Leases) Regulation 1997 (1997-366) [GG No 86 of 1.8.1997, p 5925] (NSW)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(6)	A lessee is entitled to the leases that result from a subdivision only if the lease document for the original lease is lodged with the Minister for replacement.
(7)	The Minister must, when an application for subdivision has been granted, provide the lessee with a certified copy of the plan of the leased area comprised in each lease.
(8)	The Minister must publish notice of the subdivision of the lease in the Gazette.
(9)	The subdivision of an original lease into 2 or more leases does not affect the application of section 167 (3) of the Act to the first renewal of those leases after the grant of the original lease.