Fisheries Act 1994

This section applies if—

the chief executive is required to issue an aquaculture authority under section 282 or 283 in relation to an existing aquaculture development approval; and

the chief executive, after consulting the relevant planning chief executive, decides a development condition of the existing aquaculture development approval—

relates to associated aquaculture activities for the aquaculture development; and

is inconsistent with the associated aquaculture activities to be authorised under the aquaculture authority or will become obsolete or redundant after the aquaculture authority is issued.

The chief executive must ensure the aquaculture authority, when issued—

identifies the development condition; and

includes an explanation of the effect of this section.

Section 62A does not apply to a condition imposed on the aquaculture authority that is inconsistent with the development condition.

From when the aquaculture authority is issued under subsection (2)—

the development condition does not apply in relation to carrying out associated aquaculture activities for the aquaculture development; and

a person does not commit an offence against a development approval offence provision for an act or omission that would, other than for this section, only contravene the development condition.

Subsection (4) applies despite anything in the Act under which the aquaculture development approval was given.

In this section—

for an aquaculture development approval under the Planning Act—section 164 of that Act; or

for an aquaculture development approval under the Economic Development Act 2012—section 75 of that Act; or

for an aquaculture approval under the State Development and Public Works Organisation Act 1971—section 84C of that Act.