Lease
Transaction | Requirements | Estimated processing time | Issues that may affect transaction |
|---|---|---|---|
Lease renewal | Application submitted before date of expiry Duly made application form Payment of prescribed fee | 4 – 8 weeks | Overdue aquaculture account Clean-up issues on terminated lease New lease documents not signed and returned on time |
Lease transfer | Original lease documents Duly made application form Payment of prescribed fee | 2 – 4 weeks | Unauthorised structures Overdue aquaculture account Clean-up issues on terminated lease Transferee is a new entrant who is applying for a new permit |
Lease transmission | Original lease documents Payment of prescribed fee Certified copy of death certificate Copy of last will and testament (common tenancy only) Grant of probate or letters of administration (common tenancy only) | 2 – 4 weeks for joint tenancy leases Up to 6 months for common tenancy leases | Beneficiary is a new entrant who is applying for a new permit |
Lease sublet | Duly made application form Payment of prescribed fee | 2 – 4 weeks | Overdue aquaculture account Clean-up issues on terminated lease |
New lease | Duly made application form lodged as part of tender process Payment of prescribed fee ASIC extract (for new entrants) | Up to 3 months for POAA, after the tender process Up to 12 months for non-POAA, after the tender process | Overdue aquaculture account Clean-up issues on terminated lease Permit holder’s application and REF assessment New lease plan (survey) required Development consent and land-owners consent (for non-POAA) New lease documents not signed and returned on time |
Lease surrender | Duly made application form Payment of prescribed fee | 2 – 4 weeks for full surrender Up to 6 months for part surrender | Presence of existing structures Area not suitable for surrender (materials still present) Overdue aquaculture account Clean-up issues on terminated lease New lease plan (survey) required (part surrenders) New lease documents not signed and returned on time (part surrenders) |
Lease consolidation Lease subdivision | Duly made application form Payment of prescribed fee | Up to 6 months | Presence of existing structures Overdue aquaculture account Clean-up issues on terminated lease New lease plan (survey) required New lease documents not signed and returned on time |
Variation of lease | Original lease documents Payment of prescribed fee | 4 – 8 weeks | Overdue aquaculture account Clean-up issues on terminated lease |
Register mortgage Discharge mortgage | Request from lessee and mortgagee, signed by both parties Payment of prescribed fee Original lease documents | 2 – 4 weeks |
Permit
Transaction | Requirements | Estimated Processing Time | Issues that May Delay Progression |
|---|---|---|---|
New permit | Duly made application form Payment of prescribed fee ASIC extract (for new entrants) Commercial farm development plan (CFDP) (including biosecurity plan and lease maintenance plan) Access to land-based facility (lease-based only) Development consent from Council (land-based only) | Up to 3 months | Incomplete CFDP Review of environmental factors (REF) assessment Approval of development application (land-based only) Lease applications not submitted (lease-based only) |
Permit variation | Duly made application form Payment of prescribed fee Commercial farm development plan (if required) Development consent from Council, if required (land-based only) | Up to 3 months | Incomplete CFDP Approval of development application (land-based only) Development of biosecurity protocol |
Accounts
NSW DPIRD charges annual fees relating to aquaculture permits and leases in NSW. Invoices are sent out in July of each year. They include:
- Permit contribution: an annual flat rate fee charged to all current permit holders.
- Research contribution: a per hectare rate charged to all current permit holders.
- Lease rent: a per hectare rate charged to all current leaseholders.
- Lease security: a non-refundable per hectare rate charged to all current class A permit holders who do not hold a cash deposit or bank guarantee arrangement.
There are two payment options available for these invoices:
- Pay invoice in full by 30 September, or
- Pay via quarterly instalments – 30 September, 31 December, 31 March, 30 June
The aquaculture fee schedule shows these fees in more detail.
Debt recovery
The following is a summary of the department’s debt recovery action. NSW DPIRD can offer an account holder a payment plan to assist with paying their overdue account.
Days invoice is overdue | Action taken |
|---|---|
30 days | Reminder notice. Instalment option no longer available and the entire invoice becomes due and payable. |
60 days | Reminder notice. |
90 days | Reminder notice. Lease and permit transactions (for example, lease renewal) are not progressed. |
120 days | Show cause permit cancellation notice (if debt relates to permit, research or lease security fees). Show cause lease cancellation notice (if debt relates to lease rental). |
150 days | Permit cancellation. Show cause disqualified register notice. Show cause lease cancellation (if cancelled permit authorised leases). |
210 days | Leases cancellation notice, permit holder added to disqualified register, debt referred to Debt Recovery. |