The Wash Fishery Order 1992

Power to grant leases

6.—(1) The Committee may lease to any person the right of several fishery for any of the prescribed species within such part of the several fishery (hereinafter referred to as a “laying”) as it may think fit and upon such terms and for such period as may be agreed with that person and the following provisions of this article shall apply in relation to such leasing.

(2) Without the written consent of the Minister the Committee shall not grant to any person a lease of the right of several fishery if—

(a) the total area in respect of which that person would be entitled to that right would exceed 10 hectares; or

(b) the period in respect of which that person would be so entitled in respect of any area would end more than ten years after he first became so entitled in respect of that area.

(3) Any lease shall forbid the making of an assignment thereof or the grant of, or assignment of, a sub-lease without the consent of the Committee and the Committee shall not unreasonably withhold such consent.

(4) The Committee shall not without the written consent of the Minister give its to the Committee that in consequence of the assignment or sub-lease—

(a) the total area in respect of which the assignee or sub-lessee would be entitled to the right of several fishery would exceed 10 hectares; or

(b) the period in respect of which that person would be so entitled in respect of any area would end more than ten years after he first became so entitled in respect of that area.

(5) In determining whether a person is entitled to a right of several fishery for the purposes of paragraphs (2) and (4) above—

(a) references to a person’s being so entitled include references to his being—

(i) entitled by virtue of the assignment of a lease or the grant or assignment of a sub-lease, or

(ii) beneficially entitled under the terms of one or more trusts; and

(b) the following shall be treated as one person—

(i) any two or more persons carrying on a business of shellfish cultivation in partnership;

(ii) the person having control of any company and all the companies controlled by that person;

(iii) spouses;

(iv) parents and children.

(6) Any lease shall prohibit the lessee or his assignee or sub-lessee from entering into any agreement with any other person having an interest in any part of the fishery for the common management of their respective businesses or the common exploitation of their respective layings without the consent of the Committee and the Committee shall not unreasonably withhold such consent.

(7) The Committee shall not without the written consent of the Minister give its consent for the purposes of paragraph (6) above if it appears to the Committee that in consequence of the agreement—

(a) the total area of layings under the common management or exploitation of the parties to the agreement would exceed 10 hectares; or

(b) the period in respect of which any party to the agreement would be concerned in the management or exploitation of any laying would end more than ten years after he first became entitled to the right of several fishery in any part of the area subject to the agreement.

(8) Any lease shall require the lessee to permit any person authorised in that behalf by the Minister to do the things mentioned in article 5 of this Order for a purpose of the kind mentioned in that article.

(9) Any lease shall provide that it may be determined by the Committee in the event that the lessee, or his assignee or sub-lessee, is in breach of any provision of the lease inserted therein pursuant to the requirements of this article and the Committee shall take all reasonable steps to monitor compliance with such provisions.

(10) The Committee shall mark or cause to be marked, on ground which at the time of marking is not set with any of the prescribed species or the brood thereof, all layings in the several fishery in such manner as the Minister may from time to time approve.

(11) The marks defining the limits of each laying in the several fishery shall be maintained in position and in good repair by the Committee or, if so stipulated in the lease, by the lessee.