Marine Farming Planning Act 1995

The planning authority may prepare a draft emergency plan in respect of any lease area or other area providing for any matter which a marine farming development plan may provide if satisfied that – there is likely to be a substantial deterioration in the quality of the water within a lease area; or there is pollution which substantially affects or is likely to substantially affect the water or fish in a lease area; or pests or diseases affect or are likely to affect substantially the water or fish in a lease area.

An emergency plan must include any matters relating to environmental management of finfish farming that the Director, EPA requires to be included in such a plan.

An emergency plan may include a provision restricting or prohibiting the use of a lease area for a specified period.

The planning authority must submit the draft emergency plan to the Panel and to the Director, EPA.

The Panel must – consider the terms of the draft emergency plan and the circumstances requiring the plan; and recommend a course of action to the Minister including any conditions the Panel thinks fit.

The Minister may approve the emergency plan if satisfied that – the circumstances warrant the plan; and the conditions in the draft emergency plan are appropriate to the circumstances.

If the Minister approves an emergency plan, the planning authority, by public notice, must advertise – the effect of the emergency plan; and the date on which the emergency plan takes effect.

A person must comply with the provisions of an emergency plan. Fine not exceeding 50 penalty units.