Aquaculture lease conditions

Standard lease conditions

These conditions apply to all current aquaculture leases in NSW.

Lessee's covenants

You, the lessee, agree that you will:

a) comply with the provisions of the Fisheries Management Act 1994 (“the Act”) and the Fisheries Management (Aquaculture) Regulation 2024 (“the Regulation”), and

b) pay rent for your leased area yearly in advance or by instalments as required by the Act and the Regulation, and

c) ensure that your leased area is used only for aquaculture and that the cultivation of fish or marine vegetation on the leased area is carried out in accordance with any relevant aquaculture industry development plan notified from time to time by the Secretary of the Department, and

d) ensure that your leased area is kept in a neat and tidy condition to the satisfaction of the Secretary of the Department.

You also agree to adjust the areas of cultivation on your leased area so as to allow safe navigation if existing channels change or something else happens that requires those channels to be altered.

Standard lease condition

It is a condition of this lease that it may be cancelled if you fail to comply with a notice served on you in accordance with section 162(2) of the Act (in your capacity as the holder of an aquaculture permit) within the period specified in the notice.

Note: This is a condition of the lease referred to in section 177(1)(d) of the Act.  Section 177 specifies other grounds on which the lease may be cancelled, including non-payment of rent.

Specific lease conditions

These conditions apply to specific aquaculture leases in NSW. They often provide detail on what cultivation materials can be used on a lease, or the marking requirements for a lease.

Approval to use raft infrastructure to mark lease

1. This lease must be marked in accordance with the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS).
2. This lease may be marked using raft infrastructure in accordance with OISAS, under Approval to use raft infrastructure as a boundary marker.
3. If the approval to use raft infrastructure as a boundary marker extends only to specific boundaries of the lease, these will be identified in a special condition attached to this lease document.

Approval to use floating lease markers

1. This lease must be marked in accordance with the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS).
2. This lease may be marked using floating marks in accordance with OISAS, under Standards for floating marks.
3. If the approval to use floating marks extends only to specific boundaries of the lease, these will be identified in a special condition attached to this lease document.

Dredge lease

This lease is a dredge lease.  The lessee and/or permit holder must not place any infrastructure on the lease area without the approval of NSW Department of Primary Industries and Regional Development (DPIRD).

Intermediate marker post requirements

1. Intermediate marker posts may be placed on this lease at 10 metre intervals, in accordance with the marking standards outlined in the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS).
2. If the intermediate marking requirements outlined in this condition extend only to specific boundaries, these will be identified in a special condition attached to this lease document.

Longline cultivation

Longline culture only.

Protection of oyster reef

This lease has oyster reef present and any permit holder operating this lease must comply with their aquaculture permit conditions, which relate to the protection of oyster reef.

Protection of seagrasses

Research lease

This lease is for research purposes by NSW Department of Primary Industries and Regional Development (DPIRD) and is not subject to any lease rental.

Wave barrier fence

1. The lessee is approved to install a wave barrier fence on this lease, in line with section 170 of the Fisheries Management Act 1994.
2. The construction and maintenance of the wave barrier fence must be in line with all best practice standards outlined in the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS).
3. The wave barrier fence must be installed inside the lease boundaries.
4. The wave barrier fence must not pose any navigational safety risks.
5. The wave barrier fence must not obstruct access to other aquaculture leases, public waters or an intertidal shoreline.
6. The wave barrier fencing must not cause shading over any seagrass present within the lease area.  Any equipment used (including anchors and moorings) must not interfere with seagrass or the substrate where it grows.