Responsibilities of permit and lease holders
Aquaculture lease and permit holders must be aware of their obligations under the Fisheries legislation, specifically:
- Fisheries Management Act 1994 No 38 - NSW Legislation (the Act)
- Fisheries Management (Aquaculture) Regulation 2024 (the Regulation)
If a lease or permit holder does not meet their obligations under the legislation, action may be taken against their aquaculture leases and/or permit.
| Responsibility | Legislation | Leaseholder | Permitholder |
|---|---|---|---|
| Administration | |||
Provide annual production data. | S 153 of the Act | ✓ | |
Provide information as required (for example, commercial farm development plan, public liability insurance). | S 153 of the Act | ✓ | |
Advise DPIRD of any change to address details or change of directors to a company within 28 days. | S 155 of the Act | ✓ | |
Organise for a lease to be resurveyed by a registered surveyor if issued with a notice to do so. | S 169 of the Act | ✓ | |
Submit lease documents if issued with a notice to do so. | s 63 of the Regulation | ✓ | |
| Payment of schedule fees | |||
Pay annual permit contribution fees:
| s 14 and 16 of the Regulation | ✓ | |
Maintain a lease security arrangement:
| s 23 of the Regulation | ✓ | |
| Pay lease rent annually | s 52 of the Regulation | ✓ | |
| Compliance | |||
| Comply with all permit conditions listed in schedule B of the permit. Refer to permit conditions for more information. | S 152 of the Act | ✓ | |
Comply with all lease conditions listed on the lease documents. Refer to lease conditions for more information. | ✓ | ||
Maintain any current leases in a neat and tidy condition as per the best practice standards outlined in OISAS. Refer to NSW Oyster Industry Sustainable Aquaculture Strategy 2021 - Fourth Edition | S 162 of the Act | ✓ | |
| Complete any work outlined in a Notice to Comply issued by a compliance officer. | S 162 of the Act | ✓ | |
Ensure that leases are marked as per the best practice standards outlined in OISAS. Refer to NSW Oyster Industry Sustainable Aquaculture Strategy 2021 - Fourth Edition | s 55 of the Regulation | ✓ | |
| Remove all improvements from a terminated lease when issued with a notice to do so. | S 171 of the Act | ✓ | |
| Comply with record keeping and notification requirements when moving stock, catching and cultivation material between estuaries. | s 11 of the Regulation | ✓ | |