Part 9AAquaculture
Aquaculture agreements and compensation declarations
186ZGHigh Court may consent to aquaculture agreement on behalf of non-consenting persons
A person wishing to lodge an aquaculture agreement with the chief executive may, for the purposes of section 186ZF(2)
, apply to the High Court for its consent to the lodging of the agreement.The High Court must not give its consent unless it is satisfied that the applicant has offered sufficient compensation to each person who has not consented to the lodging of the aquaculture agreement,—
- in the case of persons holding quota shares, for the effect on their rights, as holders of the quota shares, of the proposed aquaculture activity:
-
If the High Court gives its consent under subsection (2), the High Court may (with the agreement of the applicant) make such ancillary orders or give such directions as it thinks fit relating to the payment of compensation.
However, to avoid doubt, any order for the purposes of subsections (2) and (3) may not—
- require the payment of compensation that exceeds the compensation offered by the applicant; or
- require the applicant to lodge an aquaculture agreement; or
- require the applicant to continue with proceedings to obtain the consent of the High Court.
A person who makes an application to the High Court under subsection (1) must, as soon as practicable after making the application, give a copy of the application to the chief executive.
Notes
- Section 186ZG: inserted, on , by section 8 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
- Section 186ZG(1): amended, on , by section 16(1) of the Fisheries Amendment Act 2011 (2011 No 68).
- Section 186ZG(2) paragraph (b): repealed, on , by section 16(2) of the Fisheries Amendment Act 2011 (2011 No 68).


