New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 177

177 Power of Minister to cancel leases in certain cases

(1) The Minister may, by notice served on the lessee under an aquaculture lease, call on the lessee to show cause why the lease should not be cancelled on any one or more of the following grounds--

(a) the leased area is not being used for the purposes for which the lease was granted or no aquaculture is being undertaken in the area,

(b) the leased area is so polluted that fish or marine vegetation on the area are unfit for human consumption and the pollution is likely to continue indefinitely,

(c) the lessee has not paid any rental or other amount due under the lease,

(d) the lessee is in breach of any other condition of the lease for which the lease authorises its cancellation under this section.

(2) After 1 month from the date of service of the notice the Minister may, by notice published in the Gazette, cancel the lease.

(3) Before cancelling a lease, the Minister must consider any representations made by the lessee.

(4) A lessee may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the cancellation of the lease.