AustLII Tasmanian Numbered Acts

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MARINE FARMING PLANNING AMENDMENT ACT 2011 (NO. 53 OF 2011) - SECT 11

Section 52 amended (Participation in allocation process)

Section 52 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the following subsections:
(1)  If a marine farming zone is designated under a privately prepared draft plan or as a result of a privately requested amendment to a marine farming development plan, the Minister may –
(a) invite the relevant person to apply for a lease in respect of the marine farming zone; or
(b) seek the advice of the Board as to –
(i) the persons or class of persons who should participate in the process leading to the allocation of a lease in respect of the marine farming zone; and
(ii) whether the process referred to in subparagraph (i) is one in which a person holding a certificate of preference may participate.
(1A)  If a marine farming zone is designated otherwise than –
(a) under a privately prepared draft plan; or
(b) as a result of a privately requested amendment to a marine farming development plan –
the Minister is to seek the advice of the Board as to –
(c) the persons or class of persons who should participate in the process leading to the allocation of a lease in respect of the marine farming zone; and
(d) whether the process referred to in paragraph (c) is one in which a person holding a certificate of preference may participate.
(b) by omitting subsections (2) and (3) ;
(c) by inserting the following subsection after subsection (6) :
(7)  In this section –
privately prepared , draft plan, means a draft plan prepared pursuant to an approval under section 16 ;
privately requested amendment , of a marine farming development plan, means an amendment of the plan requested under section 33 ;
relevant person means –
(a) for a privately prepared draft plan, the person who prepared the draft plan; and
(b) for a privately requested amendment of a marine farming development plan, the person who requested the amendment.



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