Aquaculture Regulations 2016

These regulations may be cited as the

Aquaculture

Regulations 2016.

In these regulations, unless the contrary intention appears—

accredited laboratory means a laboratory accredited by the National Association of Testing Authorities and capable of detecting oxidised nitrogen, ammonia and soluble phosphorous at concentrations of 0.1 mg/L or less and total suspended solids at 5 mg/L or less;

Act means the Aquaculture Act 2001;

aquaculture strategy means a sector‑based aquaculture strategy or an individual aquaculture strategy;

aquaculture tourism development has the same meaning as in Part 7A of the Act;

aquaculture tourism development authorisation has the same meaning as in Part 7A of the Act;

aquaculture tourism site means the site of aquaculture tourism development as specified under the aquaculture tourism development authorisation for the development;

aquaculture waste means waste generated in the course of carrying on aquaculture, but does not include waste created by living aquatic organisms;

building work has the same meaning as in

Part 7A of the Act;

category A licence, category B licence, category C licence or category D licence—see regulation 37;

commercial tourism activity has the same meaning as in Part 7A of the Act;

disease includes any bacterium, virus, parasite, insect or other organism or agent capable of causing disease in animals or humans;

individual aquaculture strategy—see regulation 20;

large marine vertebrates means sharks, seals, sea lions, turtles, dolphins and whales;

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

licence area means the area of a licence described on the public register under section 80 of the

Act;

licensee means the holder of an aquaculture licence;

Minister's website means a website determined by the Minister;

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

reporting day, in relation to a licence, means—

in the case of a licence that authorises the farming of aquatic organisms that require regular feeding—31 January;

or

in any other case—

the day approved as the reporting day by the Minister by condition of the licence or by notice in writing to the licensee; or

if no such day has been approved—31 August;

reporting year, in relation to a licence, means—

if the licence authorises the farming of aquatic organisms that require regular feeding—a period of 12 months commencing on

1 December; or

in any other case—a period of 12 months commencing on

1 July;

sea cage means a floating farming structure used for aquaculture comprised of or incorporating a net;

sector-based aquaculture strategy—see regulation 19;

tourism lease has the same meaning as in Part 7A of the Act;

tourism licence has the same meaning as in Part

7A of the Act;

zone means an aquaculture zone or an aquaculture exclusion zone.

The mortality rate of aquatic organisms farmed under a licence or held on an aquaculture tourism site for the purposes of a commercial tourism activity will be taken to be unusually high if—

in the case of a class of aquatic organisms for which the Minister has, by notice in the Gazette, specified a mortality percentage (when measured in a specified manner) for the purposes of this subregulation—at least that percentage of such aquatic organisms farmed under the licence or held on the site (as the case requires) has died as specified; or

in any other case—it is at least 20% higher over a period of

24 hours than the usual average mortality rate for those organisms (being the mortality rate measured daily over the preceding

3 months).

The Minister may, by subsequent notice in the Gazette, vary or revoke a notice published in the Gazette under subregulation (2)(a).

An approval given by the Minister under these regulations to a person may be subject to conditions.

A person must comply with the conditions of an approval given to the person by the Minister under these regulations. Maximum penalty: Maximum penalty: $10 000. Expiation fee: $1 000.

For the purposes of the definition of variation of licence conditions in section 3 of the Act, the following matters are excluded from the ambit of the definition:

the division of a licence area into separate licence areas in accordance with regulation 34;

the amalgamation of licence areas into a single licence area in accordance with regulation 35.

For the purposes of section 12(4)(a) of the Act, the following bodies are prescribed:

Conservation Council of South Australia Incorporated;

Local Government Association of South Australia;

South Australian Recreational Fishing Advisory Council Incorporated (RecFish SA);

South Australian Native Title Services Ltd;

Seafood Industry South Australia Incorporated;

if the aquaculture policy is expressed to apply only in relation to 1 or more zones or areas—

any registered representatives of native title holders or claimants to native title in land comprising or forming part of a zone or area to which the policy applies; and

any person holding an aquaculture licence or aquaculture lease over an area comprising or forming part of a zone or area to which the policy applies; and

any person holding a tourism lease or tourism licence over an area to which the policy applies; and

any regional landscape board (within the meaning of the Landscape South Australia Act 2019) responsible for a region comprising or forming part of a zone or area to which the policy applies; and

a person or body that, in the opinion of the Minister, promotes economic development in a region comprising or forming part of a zone or area to which the policy applies;

if the aquaculture policy is not expressed to apply only in relation to 1 or more zones or areas—all regional landscape boards (within the meaning of the Landscape South Australia Act 2019);

a person or body that, in the opinion of the Minister, promotes tourism within South Australia.

The Minister must, if a body referred to in subregulation (1)(a) to (f) has ceased to exist, specify, by notice in the Gazette, a body that in the opinion of the Minister has the same or similar functions as the body that has ceased to exist, and a body so specified is prescribed for the purposes of section 12(4)(a) of the Act.

For the purposes of section 14(1)(c) of the Act, the Minister, by notice in the Gazette under that section, may amend an aquaculture policy—

if of the opinion that there is ambiguity as to the boundary of an aquaculture zone or aquaculture exclusion zone, to remove the ambiguity;

or

to prescribe the maximum or minimum area that is to be available for use for the purposes of aquaculture tourism development in aquaculture zones in the policy.

For the purposes of section 59(3) of the Act, the prescribed period is 30 business days.

For the purposes of section 79(3) of the Act—

the prescribed percentage of fees (other than expiation fees) paid under the Act is 100%; and

the prescribed percentage of penalties recovered in respect of offences against the Act is 100%.

For the purposes of section 82(2) of the Act, section 81(3)(a) of the Fisheries

Management Act 2007 is to be read as follows:

Subject to subregulation (2), a licensee must ensure that a chemical substance is not used for therapeutic or prophylactic purposes in the course of aquaculture carried on under the licence unless—

in the case of a registered veterinary chemical product within the meaning of the Agricultural and Veterinary

Products (Control of Use) Act 2002, the product is used in accordance with—

the instructions on the approved label for the product within the meaning of that Act; or

a permit within the meaning of that Act; or

the written approval of the Minister after consultation with the

Environment Protection Authority; or

in any other case—the substance is used in accordance with the written approval of the Minister after consultation with the Environment

Protection Authority. Maximum penalty: Maximum penalty: $10 000. Expiation fee: $1 000.

The restrictions under subregulation (1) do not apply in relation to the use of a chemical substance for therapeutic or prophylactic purposes in circumstances of an emergency, provided that—

a veterinary surgeon has prescribed the use of that substance in relation to the licensee's stock to avoid imminent stock loss in those circumstances; and

the licensee has obtained the Minister's prior approval for the use of the substance in those circumstances.

In this regulation—

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary

Act 2003.

A licensee must ensure that—

aquaculture waste does not cause an unsightly or offensive condition at the licence area; and

aquaculture waste is secured or treated in a manner designed to prevent it being blown, washed or swept off the licence area.

Maximum penalty: Maximum penalty: $5 000.

Expiation fee: $500.

A licensee must ensure that, if aquaculture waste or a farming structure or any other aquaculture equipment used to secure, anchor or mark the position of a farming structure, is blown, washed or swept off the licence area, the waste, structure or equipment is recovered as soon as practicable but in any event within 7 days. Maximum penalty: Maximum penalty: $5 000. Expiation fee: $500.

A licensee or some other person carrying on aquaculture under the licence must, on request by a person authorised in writing by the Minister, remove aquaculture waste or a farming structure or any other aquaculture equipment that has not been recovered (as required under subregulation (1)) and deal with it as requested. Maximum penalty: Maximum penalty: $5 000. Expiation fee: $500.