Changes in technology or improvements in the science of fish husbandry can be dealt with in a number of ways. First, it can be dealt with in the licence by anticipating the changes that might take place and by providing for them by way of conditions. Second, the Bill provides that regulations may be made relating to changes in technology and fish husbandry which might take place over time. Third, the Minister has power to issue policy directives on how aquaculture is conducted.
This section relates to when a licence may be revoked or amended. It provides for the revocation of a licence where the licence holder has been in breach of any condition specified in the licence or where the Minister is satisfied that the aquaculture operation to which the licence relates is not being properly maintained. In those circumstances the licence may be revoked without compensation. This imposes a considerable degree of discipline on the aquaculture operation.
Compensation arises when the licence is revoked if the Minister considers it in the public interest to do so. What is the public interest? Let us suppose there are aquaculture operations in a bay and, as a matter of public policy, a port was developing or extending its operations into that area or the development of a major leisure facility in the area, for which that section of the bay was to be used, was necessary. If it were necessary to revoke the licence of the aquaculture operation for such developments, it is reasonable that compensation would be payable. However, if the licence is revoked because the licence holder does not comply with the conditions or is not managing the operation satisfactorily compensation would not be payable.