Regulatory framework for aquaculture
Starting, or expanding, an aquaculture venture may require several different approvals. If you are planning a small-scale aquaculture operation, the accepted development requirements for material change of use that is aquaculture, may be relevant.
For other aquaculture ventures, including marine and land-based ventures, activities may be either:
- development-related activities, which require approvals issued under the Planning Act 2016 (formerly the Sustainable Planning Act 2009)
- non-development activities, which require approvals issued under separate legislation (see table below).
The table below summarises the types of approvals that you may need for a new or expanded aquaculture-related activity.
Note: This table is a guide only. Other agencies may also be involved in approving an activity. Native Title notification may be required for some approvals.
| Activity | Approval type | Legislation | Advice agency |
|---|---|---|---|
| Development-related | |||
| Accepted aquaculture development (meets the accepted development requirements for material change of use that is aquaculture) | None if it complies with the code | Planning Act 2016 | No assessment if it complies with the accepted development requirements |
|
Assessable aquaculture development (outside scope of accepted development requirements (PDF, 526KB)) | Development approval for material change of use for aquaculture | Planning Act 2016 |
Fisheries Queensland
|
|
Assessable aquaculture development (outside scope of accepted development requirements) | Development approval for material change of use for aquaculture | Planning Act 2016 |
Department of Environment and Science (DES)
|
|
Assessable aquaculture development (outside scope of accepted development requirements) | Development approval for material change of use for aquaculture | Planning Act 2016 |
DES
|
|
Marine plant removal for farm maintenance (meets 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 code |
|
Marine plant removal (outside scope of accepted development requirements (PDF, 993KB)) | Development approval for operational works | Planning Act 2016 |
Fisheries Queensland
|
|
Marine plant removal (outside scope of accepted development requirements (PDF, 993KB)) | Development approval for operational works | Planning Act 2016 |
DES
|
| Non-development related | |||
| Activity | Approval type | Legislation | Assessing agency |
| Access / use of terrestrial land | Tenure | Land Act 1994 | Department of Resources |
| Access / use of tidal land for aquaculture activities (other than inlet / outlet) | Resource allocation authority (RAA) | Fisheries Act 1994 | Fisheries Queensland |
| Access / use of tidal land for aquaculture activities (other than inlet / outlet) | Works in a marine park | Marine Parks Act 2004 Great Barrier Reef Marine Park Act 1975 | Department of Environment and Science (DES); Great Barrier Reef Marine Park Authority (GBRMPA) |
|
Access / use of tidal land for inlet /outlet structures | Permit to occupy | Land Act 1994 | Department of Resources |
| Discharge into the Great Barrier Reef Marine Park for land-based aquaculture adjacent to the Great Barrier Reef | The Australian Government has accredited Queensland laws under these regulations, allowing for a single assessment process | Great Barrier Reef Marine Park (Aquaculture) Regulations 2000 | No separate assessment by GBRMPA if complies with accreditation details. |
| Potential impacts to matters of national environmental significance (World Heritage properties, national heritage places, wetlands of international importance [Ramsar wetlands], threatened species and ecological communities, migratory species, and Commonwealth marine areas) | Assessment under Environmental Protection and Biodiversity Conservation Act 1999 | Environmental Protection and Biodiversity Conservation Act 1999 | Australian Department of Agriculture, Fisheries and Forestry |
| Collection of regulated species from the wild |
Fishing licence General fisheries permit (GFP) | Fisheries Act 1994 | Fisheries Queensland |
| Collection of regulated species from the wild | Permit for take of protected species | Environmental Protection and Biodiversity Conservation Act 1999 | Australian Department of Agriculture, Fisheries and Forestry |
| Collection of regulated species from the wild | Permit for take of protected species | Great Barrier Reef Marine Park Act 1975 | GBRMPA |
| Translocation of aquatic animals into Queensland from other states | Translocation approval | Fisheries Act 1994 | Fisheries Queensland |
|
Importation of aquatic animals from outside Australia | Import permit | Quarantine Act 1908 | Australian Department of Fisheries and Forestry |
| Food safety (if product is for human consumption) | Compliance with Food Safety Program | Food Act 2006, Food Production (Safety) Act 2000 |
Safe Food Queensland Queensland Health |
| Stocking of public dams and impoundments | General fisheries permit (GFP) | Fisheries Act 1994 | Fisheries Queensland |
Assessing agencies for aquaculture activities
Queensland Government
- Department of Environment and Science (DES)
- Queensland Health (Qld Health)
- Safe Food Production Queensland (Safe Food Qld)
Australian Government
- Department of Climate Change, Energy, the Environment and Water – Environment
- Department of Agriculture, Fisheries and Forestry – Fisheries
- Great Barrier Reef Marine Park Authority (GBRMPA)
Also consider...
- Read more about accepted development requirements for fisheries development.
- Download or read Queensland Government legislation.
- Download or read Australian Government legislation.
- Last reviewed: 25 May 2018
- Last updated: 2 Feb 2021