Marine Farming Planning Act 1995

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.