When can I apply to consolidate aquaculture leases?
You can submit an application to consolidate aquaculture leases at any time while the leases are current. If a mortgage or other interest is held over one of the leases, the written consent of the party who has a registered interest must be obtained.
How do I submit a duly made application?
A duly made lease consolidation application must consist of the following:
- A completed lease consolidation application form, which can be either the paper version or the online version. For the paper version, every section of the form must be completed and all lessees must sign the declaration.
- Payment of the application fee (refer to the aquaculture fee schedule).
An application that is not duly made will be rejected and returned to you.
How do I pay the application fee?
When the department receives your consolidation application, it will send you an invoice for the application fee. Payment options will be provided on the invoice.
Will the application fee be refunded if the application is withdrawn or refused?
If a lease application is withdrawn or refused, the department is not required to refund the application fee. The department may refund the fee, or a portion of it, if the circumstances are appropriate.
Will I need to organise for the new lease to be surveyed and a new lease plan to be generated?
Yes, if the department supports the application, you will be asked to engage the services of a registered surveyor to undertake a survey of the new lease. The surveyor will need to generate a new lease plan from this survey.
The department will give you a new lease number for the lease plan, which you will need to pass onto the surveyor.
For more information on lease surveys, refer to the lease survey specifications.
Can I surrender a portion of the lease as part of the consolidation?
Yes, you can remove a portion of the lease as part of the consolidation process. In this case, a part surrender application must be submitted with the consolidation application. The surrender application fee is not payable.
What will be the expiry date of the new lease?
The expiry date of the new lease will be the same as the earliest expiry date of the original leases. For example, if 2 leases are being consolidated and they have the expiry dates of 1 June 2030 and 30 August 2032, the new lease will have an expiry date of 1 June 2030.
What happens after I submit an application and how long will it take to be processed?
The department will check that the application is duly made and there are no issues that may hold up its progression (for example, overdue debt on your aquaculture account).
If the application can be progressed, you will be asked to engage the services of a registered surveyor to undertake a survey of the lease area. You will be given a new lease number for the new lease plan.
When a new lease plan has been submitted and accepted by the department, new lease documents will be generated and sent to you for signing. The original and duplicate lease documents must be signed, witnessed and returned to the department within 60 days.
Once the signed lease documents have been returned, the department will finalise the consolidation. The original lease documents will be returned to you for safekeeping. The permit holder of the lease will be given an updated copy of their aquaculture permit.
Details of the consolidation will be published in the NSW government gazette.
See the aquaculture transactions factsheet for more information on processing times.
When would a consolidation application be refused?
An application to consolidate aquaculture leases may be refused if:
- the lessee is disqualified from holding an aquaculture permit.
- the lessee fails to complete a requirement of the transaction within a specified timeframe.
- the lessee has debt on their aquaculture account which is more than 90 days overdue.
- the lessee has failed to clean up a previously terminated lease.
- the consolidation of the leases is not in the public interest.
Before an application is refused, the department will give the lessee an opportunity to resolve any issues or to lodge objections to the refusal of the application.
Where can I get more information about consolidating aquaculture leases?
For more information, contact aquaculture administration via email at aquaculture.administration@dpird.nsw.gov.au
Application checklist
This checklist will help you to lodge a successful application:
- Have you completed every section of the application form and have all lessees signed the declaration?
- Do the leases that are being consolidated share an adjoining lease boundary?
- Do you have any overdue debt on your aquaculture account? If so, please pay this debt prior to submitting your application?
- Do you have any outstanding clean up issues on a terminated lease? If so, please speak to someone in aquaculture administration about your options to resolve these issues.
- If there is a mortgage or other interest over the lease, have you got the written consent of the mortgagee or other party?