South Australian Numbered Acts South Australian Numbered Acts25—Insertion of Part 6 Division 4A
After Part 6 Division 4 insert:
Division 4A—Research leases
39A—Granting of research leases and corresponding licences
(1) A research lease may be granted in respect of an area comprising or including State waters within or outside of an aquaculture zone.
(2) An application for a research lease may be made at any time, even if the lease is in respect of an area within a public call area.
(3) Subject to this Act, the Minister may grant a corresponding licence for a research lease containing specified conditions on an application if—
(a) the Minister is satisfied that—
(i) the grant of the licence would be consistent with the objects of this Act and any prescribed criteria or other relevant provisions of an applicable aquaculture policy; and
(ii) the applicant is a suitable person to be granted the licence; and
(i) has caused public notice of the application to be published in a newspaper circulating generally in the State and invited interested persons to make written submissions on the application within the period allowed in the notice; and
(ii) has taken any such submissions into account; and
(c) the matter has been referred to the EPA under Part 8 and the EPA has approved the granting of the licence.
(4) An aquaculture policy identifying an aquaculture zone may exclude the application of subsection (3)(b) in relation to an application for a lease within the zone in circumstances specified in the policy.
(5) The Minister must, at the request of a person who has made a written submission to the Minister under subsection (3), give the person a written statement of the Minister's reasons for the decision made by the Minister in relation to the matter on which submissions were invited.
39B—Term and renewal of research leases
(1) The term of a research lease is 5 years or a lesser period specified in the lease.
(2) A research lease is renewable for successive terms but not, if the corresponding licence authorises the conduct of a particular research project, so as to extend the term beyond the duration of the research project.
(3) This section has effect subject to provisions of this Act or a research lease for the renewal or cancellation of the lease.
39C—Research leases not transferable
A research lease is not transferable.
39D—Licences may only be held by lessees
Only the lessee under a research lease may hold the corresponding licence.