Surrender aquaculture lease - information kit

• Surrender aquaculture lease application form (PDF, 162.73 KB)

When does an aquaculture lease need to be surrendered?

An application to surrender or part surrender an aquaculture lease is needed when the lessee intends to return the lease, or part of the lease, to public water land.

When can an aquaculture lease be surrendered?

An application to surrender a lease may be submitted at any time while the lease is current. Before the lessee submits an application to surrender, all improvements (including cultivation materials, lease markings and structures) must be removed from the area. This includes all boundary posts and lease signs.

How is an application to surrender duly made?

• Complete the lease surrender application form (link provided above). This involves completing every section of the form in clear and legible print. Ensure that all lessees sign the form. An incomplete application will be rejected.
• For a part surrender, attached to the application a copy of the lease plan that clearly shows the section of the lease being surrendered.
• Submit payment of the application fee (refer to the aquaculture fee schedule).

What condition does the lease need to be in for surrender?

For a part surrender, the area to be surrendered must be free of all improvements (including cultivation materials, lease markings and structures) to be suitable for return to public water land.

For a full surrender, the entire lease area must be free of all improvements (including cultivation materials, lease markings and structures) to be suitable for return to public water land.

If you believe that a structure(s) on the lease area is held under a Crown land lease or other form of tenure, you will be required to submit evidence of the approval with the application.

Will NSW DPI inspect the lease prior to the surrender application being finalised?

Yes. An inspection will be organised by NSW DPI after the surrender application has been lodged. If the area is found to be unsuitable for surrender (improvements remain on the lease area), the surrender application may be refused.

How can the surrender application fee be paid?

Payment options are provided on the lease surrender application form.

Is the application fee refunded if the application is withdrawn or refused?

If an application to surrender an aquaculture lease is withdrawn or refused, NSW DPI is not required to refund the application fee. NSW DPI may, however, refund the whole or part of the fee if appropriate.

What happens after an application to surrender a lease is lodged?

NSW DPI will check to ensure the lessee has addressed all matters relating to the surrender. If anything is missing or outstanding, the application will not be progressed until the outstanding requirements are met. If these are not met in a reasonable timeframe, the application may be refused.

For full surrenders, an inspection of the area will be completed by NSW DPI, to make sure the area can be returned to public water land. If the area has been returned to a natural state, the surrender will be finalised and the former lessee advised in writing.

For part surrenders, NSW DPI will advise the lessee to engage the services of a registered surveyor to develop a new lease plan. The lessee must submit the new lease plan to NSW DPI for approval.  Once the new lease plan is approved, new lease documents will be sent to the lessee for signing within 60 days. As soon as these documents are signed and returned, and confirmation has been received that the area is free of all improvements, the part surrender will be finalised.

What is an approved lease plan?

All aquaculture leases in NSW are mapped by the differential global positioning system (DGPS). To enable a lease to be part surrendered, the new lease area must be surveyed to DGPS standards. A new lease plan must be obtained at the expense of the lessee. For information on aquaculture lease surveys, refer to the lease survey specifications.

Will relevant lease and permit fees remain due and payable while the surrender application is being progressed?

Yes, all existing fees relating to the lease being surrendered will remain due and payable while NSW DPI assesses the surrender application. When the surrender application is finalised, lease rent may be reversed from the lessee’s aquaculture account, from the date of surrender.

Under what circumstances would an application to surrender a lease be refused?

An application to surrender an aquaculture lease may be refused if:

• The lessee is disqualified from holding an aquaculture permit.
• The lessee fails to submit or complete any requirements of the transaction within a specified timeframe. This includes failure to remediate the lease area.
• The lessee has overdue debt that has been outstanding for more than 90 days
• The lessee has failed to clean up a previously terminated lease area
• The surrender of the lease is not in the public interest.

Before an application is refused, NSW DPI may write to the lessee inviting them to lodge objections to the refusal of the application.

Where can I get more information about lease surrenders?

For more information, contact Aquaculture Administration via email at aquaculture.administration@dpi.nsw.gov.au.

Application checklist

This checklist will help you to lodge a successful application.

• Have you completed every section of the application form?
• Has the application form been signed by all lessees?
• For part surrenders, have you attached a copy of the lease plan, which clearly shows the section of the lease being surrendered?
• Is the lease current at the time of application?
• Have you paid any outstanding aquaculture lease and permit fees?
• Have you addressed all outstanding clean up responsibilities on any terminated lease area?
• Is the surrendered area free of all improvements (including cultivation materials, lease markings and structures)?
• If a mortgage or other interest is endorsed on the lease documents, do you have the written consent of the mortgagee?