Division 2Division 2 Aquaculture permits
144 Aquaculture prohibited except in accordance with a permit
(1) A person must not undertake aquaculture except under the authority of an aquaculture permit.Maximum penalty: In the case of a corporation, 200 penalty units or, in any other case, 100 penalty units.
(2) Aquaculture permits may be of such different classes as are prescribed by the regulations.(3) This section applies to aquaculture undertaken in a leased area or in any other area.(4) However, this section does not apply:(a) to aquaculture undertaken by the Minister under a development plan or under Part 8, or otherwise for the purposes of the administration of this Act, or(b) to persons of a class excluded by the regulations from the operation of this section.
(1) Any person may apply to the Minister for an aquaculture permit.(2) An application for a permit must:(a) be in a form approved by the Minister, and(b) be accompanied by a commercial farm development plan describing the manner in which the applicant proposes to undertake the aquaculture, and(c) be accompanied by the fee prescribed by the regulations.(3) If different classes of aquaculture permits have been prescribed, the application must specify the class or classes of permits for which application is made.(4) The Minister may require an applicant to provide such further information in relation to the application as the Minister thinks necessary and may decline to deal further with the application if such a requirement is not complied with.
146 Issue or refusal of permit
(1) The Minister may issue or refuse to issue an aquaculture permit to an applicant for the permit.(1A) The issue of an aquaculture permit in relation to integrated development within the meaning of section 91 of the Environmental Planning and Assessment Act 1979 is subject to Division 5 of Part 4 of that Act.(2) The Minister may only refuse to issue the permit if:(a) the application was not duly made, or(b) in the case of an individual—the applicant is disqualified under section 161 from holding an aquaculture permit, or(c) in the case of a corporation—the applicant or any of the directors or other persons concerned in the management of the corporation is disqualified under section 161 from holding an aquaculture permit, or(d) the Minister is not satisfied that the applicant has prepared an appropriate commercial farm development plan, or(e) the Minister is not satisfied that the applicant has the expertise necessary to undertake the aquaculture successfully, or(f) the area where the applicant proposes to undertake aquaculture is not available or suitable for that purpose, or(g) the application is inconsistent with any relevant aquaculture industry development plan, or(h) the Minister is otherwise authorised or required by the regulations, or by this or any other Act, to refuse to issue the permit.(3) Before refusing to issue a permit under this section, the Minister is required to give the applicant an opportunity to be heard on the matter or to make written submissions on the matter.(4) An applicant may apply to the Administrative Decisions Tribunal for a review of a refusal of the Minister to issue a permit under this section.
147 Permit to specify area and type of aquaculture
(1) An aquaculture permit must specify the area or areas within which the holder is authorised to undertake aquaculture and the type of aquaculture authorised to be undertaken within any such area.(2) The aquaculture permit may specify separate leased or other areas, whether or not they are adjoining.(3) The aquaculture permit may specify the type of aquaculture authorised by the permit by specifying all or any of the following:(a) the species of fish or marine vegetation that may be cultivated or kept (including any hybrid or polyploid form of species),(b) the things that may be cultivated from fish or marine vegetation kept under the permit,(c) the part of the life cycle of a species during which the species may be cultivated or kept.
(1) The Minister may, at any time by notice in writing to the holder of an aquaculture permit:(a) vary the area or areas within which the holder is authorised to undertake aquaculture, or(b) vary the type of aquaculture that may be undertaken within any such area.This subsection applies whether or not the variation has been requested by the permit holder.
(2) The Minister must not, at the request of a permit holder, vary the area or areas within which the holder is authorised to undertake aquaculture if the Minister would have refused under section 146 (2) an application for an aquaculture permit in relation to the area or areas (as proposed to be varied).Note. This section will enable a single permit to be issued in respect of all the leased areas held by the permit holder.
(1) The holder of an aquaculture permit is not required to hold a commercial fishing licence or any other licence or permit under this Act for the purpose of taking fish or marine vegetation cultivated or kept under the authority of the aquaculture permit.(2) The holder of the aquaculture permit may use any fishing gear for the purpose of taking any fish or marine vegetation cultivated or kept under the authority of the aquaculture permit, whether or not the fishing gear may lawfully be used for that purpose.(3) This section is subject to the other provisions of this Part and the conditions of the aquaculture permit.
An aquaculture lease or a provision of an aquaculture lease does not authorise anything to be done which is contrary to this Division or the terms or conditions of an aquaculture permit relating to the leased area.
(1) An aquaculture permit remains in force, unless otherwise provided in the permit, until it is cancelled or replaced with another permit under this Part.(2) The permit does not have effect while it is suspended under this Part.
(1) An aquaculture permit is subject to:(a) such conditions as are prescribed by the regulations, and(b) such conditions as are specified in the permit or as the Minister notifies to the permit holder while the permit is in force.(2) Without limiting subsection (1), conditions may include:(a) conditions regulating the type of aquaculture that may be undertaken under the authority of the permit, and(b) conditions relating to the erection of structures on the area to which the permit relates, and(c) conditions relating to the escape of fish, effluent or any other thing from the area to which the permit relates, and(d) conditions requiring the permit holder to enter into a bond or guarantee or other financial arrangement for the due performance of the holder’s obligations under this Act (including for the destruction of noxious fish and the restoration of, or removal of material from, the area in which the aquaculture has been undertaken), and(e) conditions requiring the permit holder to maintain public liability insurance and to indemnify the State and its agents in connection with the undertaking of the aquaculture, and(f) conditions relating to the review of the commercial farm development plan of the permit holder.(3) The holder of an aquaculture permit is guilty of an offence if, without lawful excuse, a condition of the permit is contravened.Maximum penalty: In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.
(4) The Minister may, at any time by notice in writing to the holder of the permit, revoke or vary the conditions of an aquaculture permit (other than conditions prescribed by the regulations).(5) The regulations may make provision for or with respect to bonds, guarantees and other financial arrangements entered into under a condition of an aquaculture permit.
153 Holder of permit to provide information to the Minister
(1) The Minister may, by notice in writing served on the holder of an aquaculture permit, require the holder to give to the Minister any specified written information in connection with aquaculture under the permit.(2) The regulations and the conditions of an aquaculture permit may also require the holder of an aquaculture permit to give the Minister periodic or other information in connection with aquaculture under the permit.(3) It is a condition of every aquaculture permit that the holder complies with a requirement in a notice or regulation under this section.
(1) The Minister is required to keep a register of aquaculture permits for the purposes of this Part.(2) The Minister is required to enter in the register, in relation to each permit:(a) the name and business address of the permit holder, and(b) the date on which the permit was issued, and(c) the class or classes (if any) of the permit, and(d) the address or description of the area to which the permit applies, and(e) the type of aquaculture authorised by the permit within any such area, and(f) the conditions of the permit imposed by the Minister, and(g) particulars of any suspension or cancellation of the permit, and(h) any other matters prescribed by the regulations or determined by the Minister.(3) Particulars may be entered in the register by including in the register a copy of an aquaculture permit and any document that imposes conditions on the permit, or revokes or varies conditions of the permit, after the permit is issued.(4) The register may be kept wholly or partly by means of a computer.(5) Any person who attends the place where the register is kept during ordinary business hours is entitled to inspect the register.(6) If the register is kept wholly or partly by means of a computer, this section is taken to be complied with by providing a computer print-out or providing access to a computer terminal that can be used to view the register.
155 Change in particulars to be notified
The holder of an aquaculture permit must, within 28 days after there is a change in the business address of the permit holder, any director of the body corporate (if the holder is a body corporate) or any other matter prescribed by the regulations, give the Minister particulars in writing of that change.Maximum penalty: 20 penalty units.
156 Annual contribution to cost of administration or research or to other industry costs
(1) A permit holder must, if the regulations so require, pay to the Minister an annual contribution towards any of the following costs:(a) the cost of administration of this Part, being a cost that is identified in the regulations as a cost directly attributable to industry,(b) the cost of monitoring the quality of the environment in which aquaculture is undertaken and of testing the quality of the fish or marine vegetation cultivated or kept,(c) the cost of carrying out research into aquaculture,(d) any other costs relating to the aquaculture industry.(2) The amount of the contribution is to be specified in or determined by the regulations. The regulations may provide for the contribution to be based on the size of the area available for aquaculture or on any other basis and for the payment of the contribution by instalments or otherwise.(3) The payment required by this section is taken to be a condition of every aquaculture permit.(4) A contribution payable under this section is in addition to any rental payable by the permit holder for an aquaculture lease.(5) A contribution is payable under this section even if the aquaculture permit is suspended.(6) The Minister is to appoint a committee of persons to advise the Minister about the level of services provided to the aquaculture industry for the purposes referred to in subsection (1) (a) and about the amount of contributions for the costs of administration directly attributable to the aquaculture industry. The Minister is to ensure that a majority of the members of such a committee are relevant representatives of the aquaculture industry.
157 Annual contributions to be held in trust accounts
(1) The Minister is to establish and operate trust accounts for annual contributions made by permit holders (except those referred to in section 156 (1) (a)).(2) The Minister may establish separate trust accounts for the different purposes for which the contributions are made.(3) Money in a trust account is, subject to the regulations, to be used only for the purpose for which the relevant contributions were made.(4) The Minister is to appoint a committee of persons to advise the Minister on the amount of contributions payable into any trust account and the expenditure of money in the trust account.(5) The Minister must not approve of any expenditure from a trust account without the concurrence of the committee appointed in respect of the account.(6) A single committee may be appointed in respect of 2 or more trust accounts.(7) The Minister is to ensure that a majority of the members of each committee are representatives of the aquaculture industry.(8) A committee is not subject to the control and direction of the Minister. However, the Minister may require a committee to reconsider any decision made by it.(9) The Minister may remove any member or all members of a committee from office.(10) The regulations may make provision for or with respect to:(a) the establishment and operation of trust accounts under this section, and(b) the establishment, membership and procedure of committees under this section.
157A Minister may appoint advisory council as committee
(1) The Minister may, if the Minister considers it appropriate to do so, appoint any advisory council established under section 229 for the aquaculture sector of the fishing industry as either or both of the following:(a) the committee required to be appointed under section 156 (6),(b) the committee required to be appointed under section 157 (4).(2) An advisory council may be so appointed only if its membership meets the requirement of section 156 (6) or 157 (7), as the case may be, with respect to the majority of members of the committee.
(1) If an annual contribution by a permit holder is unpaid after the due date for its payment, the Minister may charge interest on the overdue amount at the rate payable from time to time in respect of judgments of the Supreme Court or, if some other rate is prescribed by the regulations, at that rate.(2) Interest may be charged for each day that has elapsed between the date on which payment is due and the date of payment.(3) Interest charged on an overdue annual contribution under this section is taken to be part of the contribution.
159 Power to cancel or suspend a permit without a hearing
The Minister may cancel or suspend an aquaculture permit if the holder of the permit:(a) dies or otherwise ceases to exist, or(b) asks the Minister to cancel or suspend the permit.
160 Power to cancel or suspend a permit after a hearing
(1) The Minister may, by notice in writing to the holder of an aquaculture permit, cancel or suspend the permit if:(a) the application for the permit was false or misleading in a material particular, or(b) the permit holder has contravened this Part or the regulations under this Part, or(c) the permit holder has contravened Division 6 of Part 7 (Noxious fish) in the area to which the permit relates, or(d) the permit holder has contravened a condition of the permit, or(e) the permit holder has been convicted of stealing fish or marine vegetation, or(f) the permit holder is not undertaking aquaculture in accordance with the holder’s current commercial farm development plan, or(g) the area to which the permit relates has been varied since the issue of the permit and the Minister is satisfied that an application for an aquaculture permit would have been refused under section 146 (2) if made in relation to the area (as varied), or(h) in the case of a permit for an area subject to an aquaculture lease—the area is not being used for the purposes for which the lease was granted, or(i) in the case of a permit for an area subject to an aquaculture lease—the area is being so mismanaged that the production of fish or marine vegetation in that area or any surrounding area has been prejudicially affected or that the suitability of that area or any surrounding area for aquaculture is threatened, or(j) the Minister is otherwise authorised by the regulations to cancel the permit.(2) Before cancelling or suspending a permit under this section, the Minister is required to give the permit holder an opportunity to be heard on the matter or to make written submissions on the matter.(3) The Minister may at any time, by notice in writing to the holder of the permit, revoke a suspension under this section.(4) Nothing in this section affects any powers of the Minister to cancel an aquaculture lease.(5) A permit holder may apply to the Administrative Decisions Tribunal for a review of the cancellation or suspension of the holder’s permit under this section.
161 Power to declare person to be a disqualified person for the purposes of this Part
(1) If an aquaculture permit issued to a person who is not a corporation is cancelled otherwise than at the request of the permit holder or is suspended, the Minister may, by notice in writing, declare the person to be a disqualified person for the purposes of this Part.(2) If an aquaculture permit issued to a corporation is cancelled otherwise than at the request of the permit holder or is suspended, the Minister may, by notice in writing, also declare the corporation or any director or other person concerned in the management of the corporation to be a disqualified person for the purposes of this Part.(3) A notice under this section may declare a person to be a permanently disqualified person or to be a disqualified person for a specified period or until the happening of a specified contingency.(4) The Minister may, either on the application of the person concerned or on the Minister’s own initiative, vary or revoke a declaration under this section.(5) A notice under this section takes effect when it is served on the person to whom it relates.(6) Before making a declaration under this section, the Minister is required to give the person concerned an opportunity to be heard on the matter or to make written submissions on the matter.(7) The person concerned may appeal to the Administrative Decisions Tribunal for a review of a declaration under this section.
162 Permit area to be maintained in a tidy condition
(1) It is a condition of an aquaculture permit that the area to which the permit applies is, if it is subject to an aquaculture lease, to be maintained in a tidy condition.(2) The Minister may, by notice in writing served on the holder of such a permit, require the holder, within the period specified in the notice:(a) to carry out such work (including the removal of posts or any other thing from the area concerned) as the Minister considers to be necessary to achieve compliance with the condition referred to in subsection (1), or(b) to remove from land (other than the area concerned) anything that has been left by the holder on that land or that has come from the area and become deposited on that land.(3) A permit holder who fails to comply with such a notice is taken to have contravened a condition of the permit.(4) If such a notice is not complied with, the Minister or an agent of the Minister may:(a) enter the area concerned and, with the owner’s consent, the land concerned, and(b) carry out such work as is necessary to achieve compliance with the requirements of the notice.(5) The Minister may sell or otherwise dispose of anything removed from the area concerned or the land concerned in accordance with subsection (4).(6) The proceeds of such a sale are to be applied towards the costs and expenses of:(a) the sale, and(b) the disposal of anything removed but not sold, and(c) the carrying out of the work.If the proceeds of sale (and of any forfeited bond or other security) are insufficient to enable those costs and expenses to be recouped, the balance can be recovered as a debt by the Minister by proceedings brought in a court of competent jurisdiction.
(7) Compensation is not payable to a permit holder in respect of anything done under this section.