A subdivision of an aquaculture lease is where a lessee decides to split one lease into 2 or more separate lease areas. The new leases become different entities and are covered by separate lease agreements.
An application to subdivide a lease may be submitted at any time while the lease is current. Any lease that has expired or has been otherwise terminated cannot be subdivided.
If a mortgage or other interest is endorsed on the lease, a subdivision application will not be progressed without the written consent of the party who has a registered interest in the lease.
Yes. A survey of the proposed lease areas will be required, at the lessee’s expense, prior to the subdivision of any aquaculture lease. NSW DPI will advise you when to engage the services of a registered surveyor.
For further information on aquaculture lease surveys, refer to the lease survey specifications.
The expiry date of the original lease will be the expiry date of the new leases created from the subdivision.
Yes. New aquaculture lease numbers will be allocated to the newly created leases. These new lease numbers will need to be shown on the new lease plans.
Once the subdivision is finalised, NSW DPI will provide the lessee with details of the lease marking and lease sign requirements. The lessee is responsible for the installation of lease markings and signs within the timeframe given.
Lease sign specifications are outlined in the NSW Aquaculture Industry Sustainable Aquaculture Strategy 2021 (OISAS).
Payment options are provided on the lease subdivision application form.
If an application to subdivide an aquaculture lease is withdrawn or refused, NSW DPI is not required to refund the application fee. NSW DPI may refund a portion of the fee if appropriate.
NSW DPI will check to ensure the lessee has addressed all matters relating to the subdivision. If anything is missing or outstanding, the application will not be progressed until all outstanding requirements are met. If these are not met in a reasonable timeframe, the application may be refused.
Once all requirements are met, NSW DPI will create new lease numbers for the proposed leases and advise the lessee to engage the services of a registered surveyor, who will need to survey the proposed leases and generate new lease plans.
Once the lessee lodges these draft lease plans and NSW DPI approves these plans, the department will generate new lease documents, which will be sent to the lessee for signing. There are 2 copies of the lease documents - original and duplicate - and both must be signed, witnessed and returned to NSW DPI within 60 days. Failure to return the lease documents within this timeframe may result in the refusal of the subdivision application.
If the lease documents are returned within the 60-day timeframe, NSW DPI will finalise the subdivision and publish the details in the NSW Government Gazette. The original lease documents will be returned to the lessee for safekeeping.
An application to subdivide an aquaculture lease may be refused if:
Before an application is refused, NSW DPI may write to the applicant inviting them to lodge objections to the refusal of the application.
For more information, contact Aquaculture Administration via email at aquaculture.administration@dpi.nsw.gov.au.
This checklist will help you to lodge a successful application.