Fisheries Management Act 1994

The Minister may, in accordance with this section, determine plans for the development of the commercial aquaculture industry (development plans).

A development plan may relate to any aspect of the commercial aquaculture industry, including aquaculture of a particular species of fish or marine vegetation or aquaculture in a particular area.

The Minister is to have regard to any relevant development plan in the exercise of the Minister’s functions under this Part.

A development plan may contain the following—

the objectives of the Minister in the administration of this Part or any provision of this Part,

the description of areas suitable for aquaculture and the type of aquaculture for which any such area is suitable,

suitable methods for undertaking aquaculture or any type of aquaculture,

suitable species of fish or marine vegetation for aquaculture in a particular area,

any other matter concerning aquaculture that the Minister considers appropriate.

A development plan must—

include performance indicators to monitor whether the objectives set out in the plan and ecologically sustainable development are being attained, and

specify at what point a review of the development plan is required when a performance indicator is not being satisfied.

The Minister may amend or replace a development plan.

A development plan (including any amendment or new plan) is to be published in the Gazette.

Before the Minister determines a development plan (including any amendment or new plan), the Minister is required to give the commercial aquaculture industry and the public an opportunity to make submissions on the proposed plan (or proposed amendment or new plan) and to take any submission that is duly made into account.

The exercise of a function under this Part is not invalid merely because it is inconsistent with a development plan.