This Policy is State Environmental Planning Policy No 62—Sustainable Aquaculture.
This Policy commences on 1 October 2000.
The aims and objectives of this Policy are:(a) to encourage sustainable aquaculture, including sustainable oyster aquaculture, in the State, namely, aquaculture development which uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced, and(b) to make aquaculture development permissible in certain zones under the Standard Instrument, as identified in the NSW Land Based Sustainable Aquaculture Strategy, and(c) to set out the minimum site location and operational requirements for permissible aquaculture development (the minimum performance criteria), and(d) to establish a graduated environmental assessment regime for aquaculture development based on the applicable level of environmental risk associated with site and operational factors (including risks related to climate change, in particular, rising sea levels), and(e) to apply the Policy to land-based aquaculture development and oyster aquaculture development in the State and to include facility for extension of the Policy to natural water-based aquaculture.
(1) In this Policy:aquaculture, fish and marine vegetation have the same meanings as in the Fisheries Management Act 1994.
Note.The Fisheries Management Act 1994 defines aquaculture, fish and marine vegetation as follows:
aquaculture means:
(a) cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or(b) keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),but does not include:(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or(d) anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or(e) any other thing prescribed by the regulations.fish:
(a) means marine, estuarine, or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), and(b) includes:(i) oysters and other aquatic molluscs, and(ii) crustaceans, and(iii) echinoderms, and(iv) beachworms and other aquatic polychaetes, and(c) also includes any part of a fish, and(d) does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations.marine vegetation means any species of plant that at any time in its life must inhabit water (other than fresh water).
aquaculture development means development for the purpose of aquaculture.
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
Department means the Department of Planning.
Director-General means the Director-General of the Department.
extensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.
land-based aquaculture means any form of aquaculture that is not natural water-based aquaculture.
minimum performance criteria—see clauses 7 and 8.
natural water-based aquaculture means aquaculture undertaken in natural waterbodies (including any part of the aquaculture undertaken in tanks, ponds or other facilities such as during the hatchery or depuration phases).
Note. Typical natural water-based aquaculture is fin fish culture in cages and oyster, mussel or scallop culture on or in racks, strings or cages.NSW Land Based Sustainable Aquaculture Strategy means the publication of that title, as published in 2009 by the Department of Industry and Investment (being a strategy that incorporates the relevant aquaculture industry development plan and the assessment regime for integrated aquaculture development).
NSW Oyster Industry Sustainable Aquaculture Strategy means the New South Wales Department of Primary Industries publication of that title, as published in 2006.
open flow through system means an aquaculture facility which discharges on average between 15 to 100% of its culture water per day directly to a waterway.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
oyster aquaculture development means development for the purposes of oyster aquaculture.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries.
Standard Instrument means the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note. Typical tank-based aquaculture is the tank culture of barramundi or abalone.the Act means the Environmental Planning and Assessment Act 1979.
(2) Notes in this Policy and the table of contents do not form part of this Policy.
5 Land to which this Policy applies
(1) Except as otherwise provided by this Policy, this Policy applies to the State.(2) In relation to natural water-based aquaculture, other than oyster aquaculture, this Policy applies only to the parts of the State described in Schedule 2.Note. At the commencement of this Policy, there were no areas set out in Schedule 2 to which the Policy applies.
5A Development to which this Policy applies
(1) This Policy, other than Part 3A, applies to aquaculture development.(2) Part 3A applies to all development.
5B Interpretation—references to land use zones
(1) A reference in this Policy to a named land use zone is a reference to a land use zone of that name in an environmental planning instrument made as provided by section 33A (2) of the Act.(2) A reference in this Policy to an equivalent zone to a named land use zone is a reference to a non-standard land use zone that is equivalent to the named land use zone.(3) A non-standard land use zone is equivalent to a named land use zone if the Director-General, by order published in the Gazette, certifies that the non-standard land use zone is equivalent to the named land use zone.(4) A non-standard land use zone is equivalent to a named land use zone in relation to a particular development proposal if:(a) subclause (3) applies, or(b) the relevant authority, in relation to the development proposal, is of the opinion that the land use zone is equivalent to the named land use zone.(5) In this clause:non-standard land use zone means a land use zone in an environmental planing instrument that is not made as provided by section 33A (2) of the Act.
relevant authority means:
(a) in relation to development proposed to be carried out by or on behalf of a public authority, the public authority, or(b) in relation to any other development proposal, the Director-General.
6 Relationship to other environmental planning instruments
(1) In the event of an inconsistency between this Policy and another environmental planning instrument whether made before or after this Policy, this Policy prevails to the extent of the inconsistency, subject to section 36 (4) of the Act.(2) State Environmental Planning Policy No 1—Development Standards does not apply to aquaculture development to which this Policy applies.