Aquaculture Variation Regulations 2008 (SA)

Case

South Australia

Aquaculture Variation Regulations 2008

under the Aquaculture Act 2001

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Aquaculture Regulations 2005

  1. Variation of regulation 3—Interpretation

  2. Variation of regulation 24—Environmental monitoring and reporting—farming of finfish

  3. Variation of regulation 27—Environmental monitoring and reporting—general

  4. Variation of regulation 31—Exemptions

  5. Variation of regulation 32—Fees

  6. Substitution of Schedule 1—Fees

    Schedule 1—Fees

  7. Substitution of Schedule 2

    Schedule 2—Aquaculture (Standard Lease Conditions) Amendment Policy 2008

    Part 1—Preliminary

    1Short title

    2Amendment provisions

    Part 2—Amendment of Aquaculture (Zones—Standard Lease Conditions) Policy 2005

    2Amendment of clause 2—Standard conditions of aquaculture lease

    3Insertion of clause 2A

    4Amendment of clause 3—Variation of lease or lease conditions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Aquaculture Variation Regulations 2008.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Aquaculture Regulations 2005

4—Variation of regulation 3—Interpretation

  1. Regulation 3(1)—after the definition of large marine vertebrates insert:

    lease area means the area of the lease described on the public register under section 80 of the Act;

  2. Regulation 3(1)—after the definition of licensee insert:

    prescribed wild caught tuna means members of the genera Allothunnus, Auxis, Euthunnus, Katsuwonus, and Thunnus that have been taken from the wild;

  3. Regulation 3(1), definition of tuna—delete the definition

5—Variation of regulation 24—Environmental monitoring and reporting—farming of finfish

Regulation 24(2)—delete "tuna" and substitute:

prescribed wild caught tuna

6—Variation of regulation 27—Environmental monitoring and reporting—general

  1. Regulation 27(1)—delete "is designated by the Minister (in the licence or by notice in writing to the licensee) as having a medium or high environmental risk profile," and substitute:

    has been classified, under regulation 32(10), as a medium risk (category B) or high risk (category C) licence,

  2. Regulation 27(1)(a)—delete "designated as having a medium environmental risk profile" and substitute:

    that has been classified as a medium risk (category B) licence

  3. Regulation 27(1)(b)—delete "designated as having a high environmental risk profile" and substitute:

    that has been classified as a high risk (category C) licence

7—Variation of regulation 31—Exemptions

Regulation 31(1)—delete "standard conditions of lease" and substitute:

amendment of the Aquaculture (Standard Lease Conditions) Policy 2005

8—Variation of regulation 32—Fees

  1. Regulation 32(3)—delete subregulation (3)

  2. Regulation 32—after subregulation (8) insert:

    (9)The amount of an application fee in Schedule 1 comprising an advertising component must be refunded to the extent that it is not used for advertising in respect of the application.

    (10)For the purposes of Schedule 1—

    (a)the Minister must classify each licence other than a corresponding licence as a low risk (category A), medium risk (category B) or high risk (category C) licence having regard to factors affecting the ecological sustainability of aquaculture authorised by the licence, including—

    (i)any discharge of water from the licence area and the treatment of that water prior to discharge; and

    (ii)whether or not the species to be farmed are native to the locality of the licence area; and

    (iii)the susceptibility of the species to be farmed to notifiable disease within the meaning of the Livestock Act 1997; and

    (b)the Minister may vary the classification of a licence by written notice to the licensee; and

    (c)the Minister must classify each variation of licence conditions as a simple, standard or complex variation having regard to the extent to which the variation involves factors affecting the ecological sustainability of aquaculture authorised by the licence, including—

    (i)whether the variation involves any of the following:

    (A)a change in the species to be farmed;

    (B)an increase in the scale or intensity of farming;

    (C)a change in the type of farming structures or method used;

    (D)a change that will require reclassification of the licence as a low risk (category A), medium risk (category B) or high risk (category C) licence; and

    (ii)in the case of a corresponding licence, a consideration of the following:

    (A)whether the licence area is in an aquaculture zone (where risks affecting ecological sustainability have been more generally assessed);

    (B)whether the licence area has previously been farmed;

    (C)whether the licence area is being varied.

9—Substitution of Schedule 1—Fees

Schedule 1—delete the Schedule and substitute:

Schedule 1—Fees

Part 1—Application fees

1

On application for consent to transfer a development lease (section 36)

$525

2

On application for an aquaculture licence (section 49)—

    (a)    in the case of a corresponding licence within an aquaculture zone—

     (i)     administrative component

$2 015

     (ii)    advertising component

$1 100

    (b)    in the case of a corresponding licence outside of an aquaculture zone—

     (i)     administrative component

$3 435

     (ii)    advertising component

$1 100

    (c)     in the case of a licence other than a corresponding licence—

     (i)     for a low risk (category A) licence

    (A)    administrative component

$1 350

    (B)    advertising component

$560

     (ii)    for a medium risk (category B) licence

    (A)    administrative component

$1 615

    (B)    advertising component

$560

    (iii)    for a high risk (category C) licence

    (A)    administrative component

$2 545

    (B)    advertising component

$560

3

On application to vary the conditions of an aquaculture licence (section 52)—

    (a)    in the case of a corresponding licence—

     (ii)    for a simple variation

$850

     (ii)    for a standard variation

$1 125

     (ii)    for a complex variation

$2 130

    (b)    in the case of a licence other than a corresponding licence—

     (ii)    for a simple variation

$605

     (ii)    for a standard variation

$710

     (ii)    for a complex variation

$1 815

4

On application for renewal of an aquaculture licence (section 53)

$420

5

On application for consent to transfer an aquaculture licence (section 55)—

    (a)    in the case of a corresponding licence

$485

    (b)    in the case of a licence other than a corresponding licence

$400

6

On application for consent to surrender an aquaculture licence other than a corresponding licence (section 56)

$295

7

On application for the division of a lease area into separate lease areas (regulation 28A)

$1 005

8

On application for the division of a licence area into separate licence areas (regulation 28B)

$765

9

On application for renewal of an aquaculture lease (Aquaculture (Standard Lease Conditions) Policy 2005)

$440

10

On application to vary an aquaculture lease or its conditions (Aquaculture (Standard Lease Conditions) Policy 2005)—

    (a)    for a variation consisting of or involving—

     (i)     the substitution of the lease area (within or outside of an aquaculture zone) where at least 80% of the lease area will remain the same

$1 065

     (ii)    the substitution of the lease area within an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))

$1 795

    (iii)    the substitution of the lease area outside of an aquaculture zone (other than a variation of a kind referred to in subparagraph (i))

$2 540

    (b)    for a variation of any other kind

$650

Part 2—Periodic fees for corresponding licences for the financial year 2008/09 and for each subsequent financial year

11

For an aquaculture licence to farm prescribed wild caught tuna

$1 630

12

For an aquaculture licence to farm finfish other than prescribed wild caught tuna

$1 701

13

For an aquaculture licence to farm abalone in a subtidal area

$1 673

14

For an aquaculture licence to farm molluscs other than abalone in a subtidal area

$1 673

15

For an aquaculture licence to farm molluscs (including abalone) in an intertidal area

$1 644

16

For an aquaculture licence to farm algae

$1 526

17

For an aquaculture licence authorising the storage of sea cages

$1 526

Part 3—Periodic fees for licences other than corresponding licences for the financial year 2008/09 and for each subsequent financial year

18

For a low risk (category A) licence

$282

19

For a medium risk (category B) licence—

    (a)    in the case of a licence authorising the carrying on of aquaculture on a navigable vessel as it operates within an area of State waters or the use of a farming structure designed to be transported by road or rail

$311

    (b)    in any other case

$296

20

For a high risk (category C) licence—

    (a)    in the case of a licence authorising the carrying on of aquaculture on a navigable vessel as it operates within an area of State waters or the use of a farming structure designed to be transported by road or rail

$4 121

    (b)    in any other case

$311

10—Substitution of Schedule 2

Schedule 2—delete the Schedule and substitute:

Schedule 2—Aquaculture (Standard Lease Conditions) Amendment Policy 2008

Part 1—Preliminary

1—Short title

This policy may be cited as the Aquaculture (Standard Lease Conditions) Amendment Policy 2008.

2—Amendment provisions

In this policy, a provision under a heading referring to the amendment of specified policy amends the policy so specified.

Part 2—Amendment of Aquaculture (Zones—Standard Lease Conditions) Policy 2005

2—Amendment of clause 2—Standard conditions of aquaculture lease

Clause 2—after its present contents (now to be designated as subclause (1)) insert:

(2)In the event of an inconsistency between the provisions of this policy and any other conditions of a lease, the provisions of this policy will prevail to the extent of the inconsistency.

3—Insertion of clause 2A

After clause 2 insert:

2A—Renewal of lease

An application for renewal of an aquaculture lease—

(a)must be made to the Minister in the manner and form determined by the Minister; and

(b)must be accompanied by the amount of the fee fixed for an application for renewal of an aquaculture lease in the Aquaculture Regulations 2005.

4—Amendment of clause 3—Variation of lease or lease conditions

(1)Clause 3(1)—delete "at the request" and substitute:

on application by

(2)Clause 3—after subclause (1) insert:

(1a)An application for a variation under subclause (1)—

(a)must be made to the Minister in the manner and form determined by the Minister; and

(b)must be accompanied by the amount of the relevant fee fixed for an application to vary an aquaculture lease or its conditions in the Aquaculture Regulations 2005.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 20 November 2008

No 286 of 2008

MAFF08/023CS

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