Section 83 of the Principal Act is amended by omitting subsection (1) and inserting the following subsections:

(1)  The Minister may vary a licence –

(a) on application and payment of a prescribed fee; or

(b) if the Minister considers it necessary or desirable to do so.

(1A)  The Minister may only vary a licence under subsection (1)(a) if satisfied that –

(a) the holder of the licence has complied with this Act; and

(b) the holder of the licence, within 5 years before the date of the application, has not been convicted of any offence under this Act, any other Act or a corresponding law which the Minister considers relevant to the holding of the licence; and

(c) varying the licence is not likely to contravene a management plan; and

(d) varying the licence is not likely to contravene a management development plan under the Marine Farming Planning Act 1995 ; and

(e) there are no environmental or resource constraints in varying the licence; and

(f) the holder of the licence has paid the appropriate fees and charges.

(1B)  The Minister may refuse to vary a licence if not satisfied as required under subsection (1A) .

(1C)  The Minister may defer a decision in respect of an application to vary a licence if –

(a) the holder of the licence has been charged with an offence under this Act, a corresponding law or any other Act the Minister considers relevant; and

(b) the charge has not been determined at the time the application was made –

until the charge is determined.