State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 4) (2009-605) LW 18 December 2009 (NSW)
2009 No 605
| New South Wales |
State Environmental Planning Policy
No 62—Sustainable Aquaculture
(Amendment No 4)
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. (S09/01205/PC)
TONY KELLY, MLC Minister for Planning
| Published LW 18 December 2009 | Page 1 |
| 2009 No 605 | State Environmental Planning Policy No 62—Sustainable Aquaculture |
| Clause 1 | (Amendment No 4) |
State Environmental Planning Policy No 62—
Sustainable Aquaculture (Amendment No 4)
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy No 62—
Sustainable Aquaculture (Amendment No 4).
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Repeal of Policy
|
| State Environmental Planning Policy No 62—Sustainable Aquaculture | 2009 No 605 |
| (Amendment No 4) |
| Amendment of State Environmental Planning Policy No 62—Sustainable | Schedule 1 |
| Aquaculture |
| Schedule 1 | Amendment of State Environmental Planning Policy No 62—Sustainable Aquaculture |
[1] Clause 3 Aim etc of Policy
Insert “, including sustainable oyster aquaculture,” after “sustainable aquaculture” in clause 3 (a).
[2] Clause 3 (b)
Omit the paragraph. Insert instead:
| (b) | to make aquaculture development permissible in certain zones under the Standard Instrument, as identified in the NSW Land Based Sustainable Aquaculture Strategy, and |
[3] Clause 3 (d)
Insert “(including risks related to climate change, in particular, rising sea levels)” after “operational factors”.
[4] Clause 3 (e)
Omit the paragraph. Insert instead:
| (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. |
[5] Clause 4 Definitions
Omit the definitions of Department and intensive aquaculture from clause 4 (1).
Insert instead:
Department means the Department of Planning.
intensive aquaculture has the same meaning as it has in the
Fisheries Management (Aquaculture) Regulation 2007.
[6] Clause 4 (1)
Insert in alphabetical order:
extensive aquaculture
has the same meaning as it has in the land-based aquaculture means any form of aquaculture that is not natural water-based aquaculture.
| 2009 No 605 | State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 4) |
| Schedule 1 | Amendment of State Environmental Planning Policy No 62—Sustainable Aquaculture |
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).
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.
Standard Instrument means the standard instrument prescribed
by the Standard Instrument (Local Environmental Plans) Order
2006.
[7] Clause 4 (1), definitions of “pond-based aquaculture” and “tank-based aquaculture”
Omit “intensive” wherever occurring.
[8] Clause 5
Omit the clause. Insert instead:
5 Land to which this Policy applies
|
Note. At the commencement of this Policy, there were no areas set out in Schedule 2 to which the Policy applies.
[9] Clause 5B
Insert after clause 5A:
|
| (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. |
| State Environmental Planning Policy No 62—Sustainable Aquaculture | 2009 No 605 |
| (Amendment No 4) |
| Amendment of State Environmental Planning Policy No 62—Sustainable | Schedule 1 |
| Aquaculture |
| (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: | |||
| ||||
| (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: | |||
|
[10] Clauses 7 and 7A
Omit clause 7. Insert instead:
7 Pond-based and tank-based aquaculture permissible in certain zones with consent
|
| (a) | the development is of a kind specified in Table 1 to be permissible in the relevant named land use zone, and |
| (b) | in the opinion of the consent authority, the development complies with the site location and operational requirements set out in Schedule 1 for the development (the minimum performance criteria). |
(3) The requirements set out in Schedule 1 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
| 2009 No 605 | State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 4) |
| Schedule 1 | Amendment of State Environmental Planning Policy No 62—Sustainable Aquaculture |
| (4) | Development that, under Table 1, is not permissible, or is prohibited, in a named land use zone is prohibited in any such named land use zone and in any equivalent zone. | |
| (5) | Notes to Table 1 form part of this Policy. | |
| (6) | This clause is subject to clause 7A (which allows some pond-based aquaculture, that is extensive aquaculture, to be carried out without development consent). | |
| Table 1 | ||
|
| Pond-based | Tank-based |
Rural
| RU1 Primary Production | Permissible | Permissible |
| RU2 Rural Landscape | Permissible | Permissible |
| RU3 Forestry | Permissible | Permissible |
| RU4 Rural Small Holdings | Permissible | Permissible |
| RU5 Village | Prohibited | Permissible |
| RU6 Transition | Prohibited | Permissible |
| Residential | ||
| R1 General Residential | Permissible (1) | Permissible (1) |
| R2 Low Density Residential | Permissible (1) | Permissible (1) |
| R3 Medium Density | Prohibited | Permissible (1) |
| Residential | ||
| R4 High Density Residential | Prohibited | Prohibited |
| R5 Large Lot Residential | Permissible (1) | Permissible (1) |
| Business | ||
| B1 Neighbourhood Centre | Prohibited | Permissible |
| B2 Local Centre | Prohibited | Permissible |
| B3 Commercial Core | Prohibited | Permissible |
| B4 Mixed Use | Prohibited | Permissible |
| B5 Business Development | Prohibited | Permissible |
| B6 Enterprise Corridor | Prohibited | Permissible |
| B7 Business Park | Prohibited | Permissible |
| State Environmental Planning Policy No 62—Sustainable Aquaculture | 2009 No 605 |
| (Amendment No 4) |
| Amendment of State Environmental Planning Policy No 62—Sustainable | Schedule 1 |
| Aquaculture |
| LEP ZONES | AQUACULTURE TYPE |
| Pond-based | Tank-based |
Industrial
| IN1 General Industrial | Prohibited | Permissible |
| IN2 Light Industrial | Prohibited | Permissible |
| IN3 Heavy Industrial | Prohibited | Permissible |
| IN4 Working Waterfront | Permissible | Permissible |
| Special Purpose Zones | ||
| SP1 Special Activities | Permissible | Permissible |
| SP2 Infrastructure | Permissible | Permissible |
| SP3 Tourist | Permissible | Permissible |
| Recreation | ||
| RE1 Public Recreation | Permissible | Permissible |
| RE2 Private Recreation | Permissible | Permissible |
| Environment protection | ||
| E1 National Parks and Nature | Prohibited | Prohibited |
| Reserves | ||
| E2 Environmental | Prohibited | Prohibited |
| Conservation | ||
| E3 Environmental | Permissible (2) | Permissible (1) |
| Management | ||
| E4 Environmental Living | Permissible (2) | Permissible (1) |
| Waterway | ||
| W1 Natural Waterways | Permissible (3) | Permissible (3) |
| W2 Recreational Waterways | Permissible (3) | Permissible (3) |
| W3 Working Waterways | Permissible (3) | Permissible (3) |
Note (1)
Permissible only if the development is for the purposes of small source water.
scale aquarium fish production.
Note (2) Permissible only if the development is for the purposes of
extensive aquaculture.
| 2009 No 605 | State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 4) |
| Schedule 1 | Amendment of State Environmental Planning Policy No 62—Sustainable Aquaculture |
| 7A | Extensive pond-based aquaculture development permitted without consent in certain zones | |
|
| (a) | the development is carried out in a zone in which pond-based aquaculture, that is also extensive aquaculture, is permitted under this clause, and |
| (b) | the development complies with the site location requirements and operational requirements set out in Schedule 1A. |
| (2) | Pond-based aquaculture, that is also extensive aquaculture, is permitted under this clause in the following named land use zones, or an equivalent zone: | |||||||||
|
[11] Clause 17 Non-intensive pond-based or tank-based aquaculture not affected
Omit the clause.
[12] Schedules 1 and 1A
Omit Schedule 1. Insert instead:
|
(Clause 7)
| Division 1 | Site location requirements |
1 Conservation exclusion zones
|
| State Environmental Planning Policy No 62—Sustainable Aquaculture | 2009 No 605 |
| (Amendment No 4) |
| Amendment of State Environmental Planning Policy No 62—Sustainable | Schedule 1 |
| Aquaculture |
| (2) | Must not be carried out on the following land, except to the extent necessary to gain access to water: | |||||
| ||||||
| (3) | Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned: | |||||
| ||||||
| Note. Nothing in subclause (2) or (3) affects any requirement under an Act relating to land specified in subclause (2) or (3) to obtain a licence or other authority under that Act for development of the land. |
| Division 2 | Operational requirements |
2 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan.
3 Intensive pond-based aquaculture—pond design
Ponds must be capable of being drained or pumped and then completely dried.
4 Intensive pond and tank aquaculture freshwater discharges
No discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5 Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
| 2009 No 605 | State Environmental Planning Policy No 62—Sustainable Aquaculture (Amendment No 4) |
| Schedule 1 | Amendment of State Environmental Planning Policy No 62—Sustainable Aquaculture |
| Schedule 1A | Extensive pond-based aquaculture |
(Clause 7A)
| Division 1 | Site location requirements |
1 Conservation exclusion zones
|
| (a) | land declared as critical habitat under the Threatened Species Conservation Act 1995, |
| (b) | vacant Crown land, |
| (c) | land within a wetland of international significance declared under the Ramsar Convention on Wetlands. |
Note. Nothing in subclause (2) affects any requirement under an Act relating to land specified in subclause (2) to obtain a licence or other authority under that Act for development of the land.
2 Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
| Division 2 | Operational requirements |
3 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan.
4 Pond design
| ||
| (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers. |
| State Environmental Planning Policy No 62—Sustainable Aquaculture | 2009 No 605 |
| (Amendment No 4) |
| Amendment of State Environmental Planning Policy No 62—Sustainable | Schedule 1 |
| Aquaculture |
| (3) | Must be capable of preventing the escape of stock into natural water bodies or wetlands. |
5 Culture water
Must use freshwater.
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