Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An aquaculture
lease must not be granted in relation to —
(a) an
area of a marine nature reserve; or
(b) an
area of a marine park from which aquaculture is excluded under
section 13B of the Conservation and Land Management Act 1984 .
(2) An aquaculture
lease must not be granted in relation to —
(a) an
area of a marine park other than one from which aquaculture is excluded under
section 13B of the Conservation and Land Management Act 1984 ; or
(b) an
area of a marine management area,
unless the Minister to
whom the administration of the Conservation and Land Management Act 1984
is for the time being committed by the Governor approves the granting of the
lease.
(3) This
section does not affect the validity of —
(a) an
aquaculture lease granted or renewed before the commencement of
section 53 of the Acts Amendment (Marine Reserves) Act 1997 1 ; or
(b) an
aquaculture lease granted or renewed in relation to an area which is affected,
after the grant or renewal of the lease, by a reservation under
section 13 of the Conservation and Land Management Act 1984 , or by
a notice under section 62 of that Act.
(4)
Subsection (2) does not apply to the granting of an aquaculture lease in
relation to an area as to which an aquaculture licence —
(a)
could have been renewed under section 94(3)(c); or
(b) has
been renewed under section 94(3)(c) or (d),
as long
as —
(c) a
management plan applies to the area under the Conservation and Land
Management Act 1984 and the granting of the lease is consistent with a
management plan; or
(d) the
Minister has consulted the Minister to whom the administration of the
Conservation and Land Management Act 1984 is for the time being committed
by the Governor on the granting of the lease and has taken into account any
recommendation of that Minister.
[Section 98 inserted by No. 5 of 1997
s. 53.]