Marine Farming Planning Act 1995

Marine Farming Planning Act 1995

This Act may be cited as the Marine Farming Planning Act 1995.

This Act commences on a day or days to be proclaimed.

In this Act –

agency means a Government department or State authority within the meaning of the State Service Act 2000;

amend, in relation to a marine farming development plan, includes – to alter the area covered by the marine farming development plan; and to increase the maximum leasable area for marine farming; and to alter the species of fish to be permitted to be farmed in any part of a marine farming zone; and to add a new marine farming zone; and to alter any condition of the marine farming development plan;

Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;

approved form means a form approved by the Minister;

area includes waters;

Board means the Board of Advice and Reference established under Part 4;

certificate of preference means a certificate issued under section 54;

conservation includes preservation, maintenance, sustainable use and restoration;

council means a council as defined in the Local Government Act 1993;

demerit point means a demerit point referred to in Division 8 of Part 5;

Director, EPA means the Director, Environment Protection Authority, appointed under section 18 of the Environmental Management and Pollution Control Act 1994;

draft amendment means a draft amendment to a plan referred to in Division 2 of Part 3;

draft management controls means the management controls referred to in section 24;

draft plan means a draft marine farming development plan referred to in section 21;

emergency lease means an emergency lease in force under section 63;

emergency order means an emergency order in force under Division 3 of Part 3;

emergency plan means an emergency plan in force under Division 3 of Part 3;

environmental impact statement means a statement referred to in section 23;

finfish farming has the same meaning as in the Environmental Management and Pollution Control Act 1994;

fisheries officer means a fisheries officer within the meaning of the Living Marine Resources Management Act 1995;

infringement notice means an infringement notice referred to in Division 7 of Part 5;

licence means a licence in force under the Living Marine Resources Management Act 1995;

lease means a lease, special lease or emergency lease in force under Part 4;

lease area means the area which is the subject of a lease;

lessee means the holder of a lease;

Marine and Safety Authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997;

marine farming includes the farming, culturing, ranching, enhancement and breeding of fish or marine life for trade, business or research;

marine farming development plan means a marine farming development plan approved under section 31(3)(a) or section 42(4);

marine farming equipment means any of the following whether actively engaged with fish rearing or not:any equipment or structure used in connection with marine farming or the operation of a marine farm; fish cages, lines and racks; moorings, staylines, anchors and predator control devices; any other equipment;

marine farming licence means a marine farming licence in force under the Living Marine Resources Management Act 1995;

marine farming zone means the zone designated as such in a marine farming development plan;

maximum leasable area means the area referred to in section 21(2)(b);

modify, in relation to a draft marine farming development plan, includes to change any boundary or area to which the plan relates;

National Law has the same meaning as in the Marine and Safety Authority Act 1997;

National Regulator has the same meaning as in the National Law;

objectives of resource management means the objectives set out in Schedule 1;

Panel means the Marine Farming Planning Review Panel established under Part 2;

planning authority means the Secretary;

public notice means a notice published in a daily newspaper circulating generally in the State;

public purpose means a purpose which is for the use or benefit of the public;

raft means a floating platform, pontoon, barge, punt or hulk or any other thing which is – not self propelled; and moored for the purpose of providing buoyant support for the surface or enclosures on which fish are bred, reared and harvested;

relevant agency means – a department or other agency of Government of the State or of the Commonwealth; and an authority of the State or of the Commonwealth established for the public benefit; and a person undertaking a function for the public benefit;

Secretary means the Secretary of the Department;

State waters means waters within the meaning of the Living Marine Resources Management Act 1995;

structure includes a platform, pontoon, jetty, building or any other thing used in connection with marine farming;

sustainable development means sustainable development as defined in clause 2 of Schedule 1;

Tasmanian Planning Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997;

use includes proposed use;

vary includes substitute, add or delete;

waters includes – the bed and subsoil under any waters; and the airspace above any waters.

The purpose of this Act is to achieve well-planned sustainable development of marine farming activities having regard to the need to – integrate marine farming activities with other marine uses; and minimise any adverse impact of marine farming activities; and set aside areas for activities other than for marine farming activities; and take account of land uses; and take account of the community's right to have an interest in those activities.

A person must perform any function or exercise any power under this Act in a manner which furthers the objectives of resource management.

This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities.

This Act applies to all State waters and any other area declared under section 19.

The Minister, in writing, may delegate to any person or body any of the Minister's functions or powers under this Act, other than this power of delegation.

The Panel, in writing, may delegate to any person or body any of its functions or powers, other than this power of delegation.

The Secretary, in writing, may delegate to a person employed in the Department any of the Secretary's functions or powers, other than this power of delegation.

The Board, in writing, may delegate to any person or body any of its functions or powers, other than this power of delegation.

A Marine Farming Planning Review Panel is established.

The Panel consists of 9 persons appointed by the Governor of whom – one is the chairperson of the Panel; and one is a person nominated by the chairperson of the Tasmanian Planning Commission with ability and experience in planning issues; and one is a person, other than the Director, EPA, with ability and experience in environmental management; and one is a person, other than the Director, EPA, with ability and expertise in fish health and biosecurity; and one is a person with ability in marine resource management; and one is a person with ability to assess boating, recreational and navigational issues; and one is a person with experience in marine farming; and one is a person with expertise in local government issues; and one is a person nominated by the Minister.

Before any appointment is made under subsection (2)(a), (c), (ca), (d), (e) or (f), the Secretary may call for expressions of interest for that appointment.

The Secretary may establish a selection committee to – review any expression of interest; and recommend a person or persons for appointment as a member of the Panel.

Schedule 2 has effect with respect to membership of the Panel.

Schedule 3 has effect with respect to meetings of the Panel.

The functions of the Panel are – to consider draft plans, draft amendments to marine farming development plans and draft modifications to marine farming development plans following reviews under section 48; and to consider environmental impact statements; and to consider comments made on draft plans, draft modifications and draft amendments; and to make recommendations to the Minister in respect of draft plans, draft modifications and draft amendments; and to perform any other function imposed on it under this or any other Act; and to undertake any other function or activity the Minister determines.

The Panel may – conduct hearings to assist it in the performance of its functions; and do anything necessary or convenient to perform its functions.

The Panel must conduct a hearing if a request for the hearing is made under section 27(2)(c) or section 39(2)(c).

The Panel may seek expert advice from any person or body on – the adequacy or otherwise of proposed environmental controls; and technical aspects in relation to marine farming; and biological and physical requirements of fish species; and any other matter to assist it in performing its functions.

The remuneration and allowances in respect of giving expert advice are as the Minister determines.

The Minister, by notice in writing, may give directions to the Panel.

The Panel must perform its functions and exercise its powers in accordance with any directions given by the Minister.