South Australian Numbered Acts South Australian Numbered Acts16—Substitution of sections 23 to 25
Sections 23 to 25 (inclusive)—delete the sections and substitute:
25—Lease conditions
The conditions of an aquaculture lease may—
(a) fix the term of the lease (subject to this Act); and
(b) fix amounts payable, whether as rent or otherwise, for or under the lease; and
(c) specify performance criteria to be met in relation to the lease; and
(d) provide for cancellation of the lease by the Minister and the grounds for cancellation; and
(e) provide for variation of the lease or its conditions by the Minister and the grounds for variation; and
(f) provide for renewal of the lease; and
(g) prevent or regulate the grant of subleases; and
(h) make any other provision the Minister considers appropriate.
25A—Variation of lease or lease conditions by or with consent of lessee
(1) Subject to this section, an aquaculture lease or its conditions may be varied by the Minister by written notice to the lessee on application by or with the consent of the lessee.
(2) The variation must not increase the size of the area leased.
(3) If the variation consists of or involves the substitution of the area leased, the following provisions apply:
(a) the variation may not be made if the lease is registered under the Real Property Act 1886 ;
(b) if the original area leased was within an aquaculture zone, the new area leased must not be within a different aquaculture zone;
(c) if the new area leased is in a different location outside an aquaculture zone, the variation is subject to the requirement under section 15 of the Harbors and Navigation Act 1993 for the concurrence of the Minister responsible for the administration of that Act as if the variation involved the grant of a lease;
(d) the variation may not be made unless the holder of each corresponding licence has requested or consented to a variation of the conditions of the licence by substitution of the licence area and the EPA has approved the variation (to take effect on the variation of the lease).
(4) If the public register includes a notation that a specified person has an interest in an aquaculture lease, the lease may not be varied unless the specified person consents to the variation.
(5) An application for the variation of an aquaculture lease or its conditions—
(a) must be made to the Minister in the manner and form required by the Minister; and
(b) if the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the variation; and
(c) must be accompanied by a fee of the amount prescribed by regulation.
(6) This section does not derogate from the Minister's power to vary the lease or its conditions on grounds specified in the conditions of the lease.
25B—Cancellation of lease
(1) The Minister may cancel an aquaculture lease on the grounds that—
(a) aquaculture has not commenced or has ceased to be carried on in the area leased; or
(b) performance criteria specified in the regulations or the lease have not been met; or
(c) an amount has not been paid for or under the lease in accordance with its conditions.
(2) Before the Minister cancels an aquaculture lease under this section, the Minister must give the lessee written notice—
(a) specifying the matters alleged to constitute proper cause for cancellation of the lease; and
(b) stating that the Minister proposes to cancel the lease; and
(c) allowing the lessee a reasonable opportunity to show cause why the lease should not be cancelled.
(3) This section does not derogate from the Minister's power to cancel a lease on grounds specified in the conditions of the lease.
25C—Surrender of lease
(1) An aquaculture lease may be surrendered with the consent of the Minister.
(2) If the public register includes a notation that a specified person has an interest in an aquaculture lease, the lease may not be surrendered unless the specified person consents to the surrender.
(3) An application for the consent of the Minister to the surrender of an aquaculture lease—
(a) must be made to the Minister in the manner and form required by the Minister; and
(b) if the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the surrender; and
(c) must be accompanied by a fee of the amount prescribed by regulation.
25D—Corresponding licences terminated on termination of lease
If an aquaculture lease is cancelled or otherwise terminated, each corresponding licence is terminated.