Accepted development requirements for material change of use that is aquaculture

The Planning Act 2016 came into effect on 3 July 2017. In line with legislative reform, existing self-assessable codes for fisheries development will no longer apply. Self-assessable development will be transitioned into accepted development. Any development that is accepted development under the Planning Act must be completed in accordance with the accepted development requirements.

For work involving aquaculture that is accepted development, use Accepted development requirements for material change of use that is aquaculture (PDF, 526KB).

Understanding accepted development requirements

Certain types of aquaculture developments do not require a development permit under the Planning Act 2016. You may carry out these types of projects by complying with the accepted development requirements. It's important that you comply with the conditions of the code to avoid prosecution under the Planning Act 2016 and the Fisheries Act 1994.

The following table summarises the types of approvals that may be addressed in a self-assessable code for aquaculture-related activities.

Activity Approval typeLegislation Assessing agency*
Low impact aquaculture farm works
(Accepted development requirements for material change of use that is aquaculture (PDF, 526KB))
None if it complies with the code Planning Act 2016 No assessment if it complies with the accepted development requirements
Marine plant removal for farm maintenance
(Accepted development requirements for operational work that is the removal, destruction or damage of marine plants (PDF,993KB))
None if it complies with the code Planning Act 2016 No assessment if it complies with the accepted development requirements

Accepted development requirements for aquaculture

Under the accepted development requirements for aquaculture, you may undertake aquaculture development, providing the development does not discharge waste into off-site waters, and the species farmed are:

  • indigenous freshwater fish cultured within the catchment or river basin to which the fish is indigenous and held in ponds or above-ground tanks with a total water surface area of no more than 10ha

or

  • indigenous freshwater fish where the species is not indigenous to the particular catchment where the aquaculture occurs and held in rain-proofed, above-ground tanks with a total area of no more than 100m2 (excluding water storage areas that are free of stock)

or

  • non-indigenous fish, kept in rain-proofed, above-ground tanks with a total area of no more than 100m2 (excluding water storage areas that are free of stock)

or

  • native marine fish, kept in rain-proofed, above-ground tanks with a total area of no more than 100m2 (excluding water storage areas that are free of stock).

Removal of marine plants for farm maintenance

You can undertake maintenance activities on lawfully constructed aquaculture drains (within farm boundaries), and intake or discharge structures that will disturb marine plants or declared fish habitat areas provided it is completed in accordance with the accepted development requirements.

You do not need an application or assessment if the proposed activity complies with the restrictions of the accepted development requirements for operational work that is the removal, destruction or damage of marine plants (PDF, 993KB).

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