FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 2017

Table of Provisions

PART 1 - PRELIMINARY

• 1 Name of Regulation
• 2 Commencement
• 3 Definitions

PART 2 - AQUACULTURE PERMITS--THE ACT, PART 6, DIV 2

Division 1 - General

• 4 Classes of aquaculture permits that can be issued
• 4A Activities that are not aquaculture
• 5 Certain persons do not require aquaculture permits

Division 2 - Applications for, and issue and variation of, permits

• 6 Fee payable when applying for aquaculture permit
• 7 Fee payable when requesting variation of aquaculture permit
• 8 Additional grounds for refusing an aquaculture permit

Division 3 - Permit conditions relating to movement of oysters and material between estuaries

• 9 Definitions
• 10 Certain movement of unculled oysters is prohibited
• 11 Certain movement of catching material or unclean cultivation material is prohibited
• 12 Certain movement of culled oysters is prohibited
• 13 Prior notification and record keeping required if oysters, catching material or cultivation material are moved from oyster-producing estuaries

Division 4 - Contributions by permit holders to pay for costs of administration

• 14 Aquaculture permit holders liable to pay contributions towards cost of administration
• 15 Costs of administration that are directly attributable to industry

Division 5 - Contributions by permit holders to pay for research

• 16 Aquaculture permit holders liable to pay contributions for research
• 17 Research trust accounts to be maintained
• 18 Operation of trust account

PART 3 - SECURITY ARRANGEMENTS FOR AQUACULTURE PERMIT HOLDERS

Division 1 - Preliminary

• 19 Payment obligation

Division 2 - Security to be provided by class A and class B permit holders

• 20 Persons to whom this Division applies
• 21 Class A and B permit holders to enter into financial arrangement to provide security
• 22 When secured amounts are liable to be forfeited
• 23 What happens to an arrangement when a person stops being a permit holder

Division 3 - Financial arrangements by way of contributions taken to be entered into by certain class A permit holders

• 24 Application of Division
• 25 Contributions to be made by certain class A permit holders
• 26 Additional contributions to be made by certain class A permit holders
• 27 Minister to enforce permit holder's obligations
• 28 Trust account to be maintained
• 29 Operation of trust account

PART 4 - AQUACULTURE LEASES--THE ACT, PART 6, DIV 3

Division 1 - Classification of leases

• 30 Classes of aquaculture leases

Division 2 - Applications for, and grant and renewal of, aquaculture leases

• 31 Application for, and refusal of, aquaculture lease
• 32 Applicant's obligations to mark area applied for
• 33 Offer of aquaculture lease by auction, public tender or ballot
• 34 Offer of aquaculture lease by auction
• 35 Offer of aquaculture lease for public tender
• 36 Offer of aquaculture lease by ballot
• 37 Minister's obligations when granting an aquaculture lease
• 38 Application for renewal of aquaculture lease
• 39 Process for renewing an aquaculture lease

Division 3 - Rent for aquaculture leases

• 40 Minimum rent for leased area
• 41 How rent for an aquaculture lease is to be calculated
• 42 When rent payable
43. (Repealed)

Division 4 - Sublease, transfer and transmission of aquaculture leases

• 44 Obtaining Minister's consent to subletting of leased area
• 45 Obtaining Minister's consent to transfer of aquaculture lease
• 46 Transmission of aquaculture lease on lessee's death

Division 5 - Surrender, consolidation and subdivision of aquaculture leases

• 47 Aquaculture lease may be surrendered
• 48 Aquaculture leases may be consolidated
• 49 Aquaculture lease may be subdivided

Division 6 - Aquaculture lease plans and documents

• 49A Definition
• 50 Certified copy of lease or plan
• 51 Minister's duties in relation to endorsing lease documents
• 52 When Minister can require aquaculture lessee to lodge lease document
• 53 Minister can correct errors in aquaculture leases and other documents
• 54 Applications under Part 4--lost, destroyed or stolen lease documents
• 54A Use of online system--the Act, ss 163(8), 167(7) and 191(h) and (m1)

Division 7 - Marking of leased areas, boat channels and access ways

• 55 Obligations of aquaculture lessee to mark out leased area
• 56 Obligations of aquaculture lessee to mark out boat channel
• 57 Obligations of aquaculture lessee to mark out an access way
• 58 Notice to maintain markings
• 59 Minister may modify boundaries of leased area

Division 8 - Public rights

• 60 Additional public right to which aquaculture lease is subject

PART 5 - MISCELLANEOUS

• 61 Information to be specified on containers of shellfish and other aquaculture products for sale
• 62 Obligations of authorised deposit-taking institutions concerning trust accounts
63. (Repealed)
• 64 Fee for permit under section 37 of Act
• 65 Saving
• 66 Transitional provision for class A annual contributions
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3