New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY NO 62--SUSTAINABLE AQUACULTURE - REG 8A

8A Oyster aquaculture development permissible

(1) A person may carry out oyster aquaculture development only with development consent, except as provided by subclause (3).

(2) The consent authority for oyster aquaculture development is the council of the area in which the development is to be carried out.

Note: Sections 19 and 20 of the Marine Parks Act 1997 impose requirements relating to a determining authority’s approval, or carrying out, of an activity within a marine park and a consent authority’s consideration of a development application for the carrying out of development within a marine park.

(3) A person may carry out oyster aquaculture development without the need for development consent:

(a) on any land that is wholly within a priority oyster aquaculture area, or

(b) on any land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.