State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 1) (2002-1021) [GG No 263 of 20.12.2002, p 10897] (NSW)

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2002 No 1021

State Environmental Planning Policy

New South Wales

No 62—Sustainable Aquaculture

(Amendment No 1)

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Planning.

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 263 of 20 December 2002, page 10897

Page 1

[4]

2002 No 1021

Clause 1

State Environmental Planning Policy No 62—Sustainable Aquaculture

(Amendment No 1)

State Environmental Planning Policy No 62—

Sustainable Aquaculture (Amendment No 1)

1     Name of this Policy

This Policy is State Environmental Planning Policy No 62—

Sustainable Aquaculture (Amendment No 1).

2     Principal Policy

In this Policy, State Environmental Planning Policy No 62—Sustainable Aquaculture is referred to as the Principal Policy.

3     Aims, objectives etc

This Policy aims:

(a)

to clarify the minimum performance criteria for pond-based and tank-based aquaculture, and

(b)

to clarify that it is for the opinion of the consent authority:

(i)

as to whether proposed aquaculture development complies with the site location and operational requirements specified in the minimum performance criteria, and

(ii)

how proposed aquaculture development is to be categorised for the purposes of determining the level of assessment of a development application for consent to carry out the proposed aquaculture development.

4     Land to which this Policy applies

This Policy applies to the land to which the Principal Policy applies.

5     Amendment of Principal Policy

The Principal Policy is amended as set out in Schedule 1.

Page 2

2002 No 1021

State Environmental Planning Policy No 62—Sustainable Aquaculture

(Amendment No 1)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 5)

[1]     Clause 7 Pond-based and tank-based aquaculture permissible with consent

Insert “, in the opinion of the consent authority,” after “if” in clause 7 (2).

[2]     Clause 8 Natural water-based aquaculture permissible with consent

Insert “, in the opinion of the consent authority,” after “if” in clause 8 (2).

[3]     Clause 13 Categorisation of development having regard to project profile analysis

Omit “, by the consent authority in accordance with” from clause 13 (1). formed having regard to”.

[4]     Clause 18

Insert after clause 17:

18     Application of amendments made by SEPP 62 (Amdt No 1)

The amendments made to this Policy by State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 1) extend to a development application made but not finally determined before the amendments commence.

[5]     Schedule 1 Pond-based and tank-based aquaculture

Omit clause 3. Insert instead:

3     Acceptable areas for estuarine pond-based aquaculture

Within an area coloured green on the Estuarine Aquaculture maps deposited in the head office of the Department of Planning and marked as follows:

1

Tweed River Estuary

Edition 2, January 2000

Page 3

2002 No 1021

State Environmental Planning Policy No 62—Sustainable Aquaculture

(Amendment No 1)

Schedule 1

Amendments

2

Brunswick River Estuary

Edition 2, January 2000

3

Richmond River Estuary

Edition 2, January 2000

4

Clarence River Estuary

Edition 2, January 2000

5

Bellinger and Kalang

Edition 2, January 2000

River Estuaries

6

Nambucca River Estuary

Edition 2, January 2000

7

Macleay River Estuary

Edition 2, January 2000

8

Hastings River Estuary

Edition 2, January 2000

9

Camden Haven River

Edition 2, January 2000

Estuary

10

Manning River Estuary

Edition 2, January 2000

[6]     Schedule 1, clause 4

Omit the clause and the note to the clause. Insert instead:

4 Elevation Australian Height Datum (AHD) for tank-based

aquaculture and freshwater pond-based aquaculture

Within an area the mean elevation of which is above 1 metre

AHD.

BY AUTHORITY

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