Marine Farming Planning Regulations 2016
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Marine Farming Planning Regulations 2016
Marine Farming Planning Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the
Marine Farming Planning Act 1995 . 19 September 2016 C. WARNER Governor By Her Excellency's Command, JEREMY ROCKLIFF Minister for Primary Industries and Water
1.
Short title
These regulations may be cited as the
Marine Farming Planning Regulations 2016 .
2.
Commencement
These regulations take effect on 11 October 2016.
3.
Interpretation
In these regulations
[Regulation 3 Amended by S.R. 2017, No. 47, Applied:26 Jul 2017]
[Regulation 3 Amended by S.R. 2017, No. 47, Applied:26 Jul 2017]
Act
means the
Marine Farming Planning Act 1995 ;
[Regulation 3 Amended by S.R. 2017, No. 47, Applied:26 Jul 2017]
Director
means the Director, Environment Protection Authority appointed under the
Environmental Management and Pollution Control Act 1994 .
4.
Fees and charges
(1)
The application fees specified in
Part 1
of
Schedule 1
are prescribed as the application fees that are payable for the matters specified in that Part to which they respectively relate.
(2)
The charges specified in
Part 2
of
Schedule 1
are prescribed as the charges that are payable for the matters specified in that Part to which they respectively relate.
(3)
The annual lease fees specified in
Part 3
of
Schedule 1
are prescribed as the annual lease fees that are payable for the matters specified in that Part to which they respectively relate.
5.
Exemption
(1)
A person may apply to the Minister for an exemption from any fees or charges on or before the date on which the fees or charges are payable.
(2)
The Minister, by notice in writing to the person, may
(a) approve the application; or
(b) refuse to approve the application.
6.
Remission
(1)
A person may apply to the Minister for the remission of any fees or charges within 14 days after the fees or charges are paid.
(2)
The Minister, by notice in writing to the person, may
(a) approve the application; or
(b) refuse to approve the application.
7.
Prescribed offences
(1)
The offences under the Act specified in column 1 of
Schedule 2
are the offences in respect of which infringement notices may be served under
Division 7 of Part 5
of the Act.
(2)
The penalties specified in column 2 of
Schedule 2
are the penalties to be imposed by infringement notices for the corresponding offences specified opposite in column 1 of that Schedule.
(3)
A daily penalty in relation to an offence may not be imposed by an infringement notice in relation to that offence.
8.
Special penalty for obstruction of execution of plans
[Regulation 8 Inserted by S.R. 2017, No. 47, Applied:26 Jul 2017]
(1)
In the case of an offence against
section 91(1)
of the Act constituted by the holder of a lease or a sub-lease exceeding the assigned quantity of dissolved nitrogen, the special penalty to be imposed under
section 91(3)
of the Act is a fine of $150 000 for each tonne of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen.
(2)
For the purposes of
subregulation (1) , where the amount of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen is not a whole number of tonnes, the special penalty is to be calculated on a pro rata basis.
(3)
For the purposes of this regulation
assigned quantity of dissolved nitrogen
means the quantity of the total permissible dissolved nitrogen output, attributable to marine farming operations in respect of a particular area or part of a particular area, that is the quantity apportioned, by a determination of the Director from time to time under a marine farming development plan, to the lessee or sub-lessee;
particular area
means an area determined by the Director from time to time under a marine farming development plan.
SCHEDULE 1 - Fees and Charges
Regulation 4
PART 1 - Application fees
No.
Item
Amount (Fee units)
1.
Approval to prepare draft marine farming development plan
735
2.
Exemption from emergency plan
400
3.
Certificate of preference
400
4.
Lease
1 140
5.
Emergency lease
400
6.
Renewal of lease
250
7.
Transfer of lease
450
8.
Sub-lease
150
9.
Expansion of lease area
1 090
10.
Subdivision of lease area
720
PART 2 - Charges
No.
Item
Amount (Fee units)
1.
Processing request to vary lease
740
2.
Processing request to vary lease area
1 090
3.
Processing request to amend marine farming development plan
1 140
PART 3 - Annual lease fees
No.
Item
Amount (Fee units)
1.
Annual fees for lessees of shellfish farms
base fee
90
plus additional fee per hectare of lease area
45
2.
Annual fees for lessees of finfish farms
base fee
1 500
plus additional fee per hectare of lease area
170
SCHEDULE 2 - Infringement Notice Offences
Regulation 7
[Schedule 2 Amended by S.R. 2017, No. 68, Applied:18 Oct 2017]
COLUMN 1
COLUMN 2
OFFENCES
PENALTY (Penalty Units)
1.
Failing to take oath or make affirmation at hearing of Panel
section 12(4)(a)
2
2.
Failing to comply with emergency order
section 43(6)
2
3.
Failing to comply with provisions of emergency plan
section 45(6)
2
4.
Contravening or failing to comply with condition or restriction of lease
section 64(4)
4
5.
Failing to comply with notice to remove equipment, debris and fish stock
section 71(2)
2
6.
Placing equipment etc. or fish stock within lease area without approval
section 71(3)
2
7.
Sub-leasing without approval
section 74(1)
2
8.
Failing to comply with notice requiring delivery of lease
section 76(3)
2
9.
Interfering with surveyor performing survey
section 87(4)
2
10.
Acting contrary to marine farming development plan, emergency order or emergency plan
section 91(1)(a)
4
10A.
Impeding or obstructing execution of marine farming development plan, emergency plan or emergency order
section 91(1)(b)
4
10B.
Contravening condition of marine farming development plan, emergency plan, emergency order or determination
section 91(1)(c)
4
10C.
Contravening condition of lease
section 91(1)(d)
4
11.
Unlawfully taking, removing, disturbing or interfering with fish, marine plants, raft, structure or implement
section 92(1)(a)
2
12.
Unlawfully dredging, digging or dragging lease area
section 92(1)(b)
2
13.
Unlawfully causing harm or damage to lease area or other area or to equipment or fish stocks in such area
section 92(1)(c)
2
14.
Unlawfully depositing stone, ballast, rubbish or deleterious matter in lease area
section 92(2)(a)
2
15.
Unlawfully using explosive or toxic gas or toxic, poisonous or narcotic substance in lease area
section 92(2)(b)
2
16.
Unlawfully removing, destroying, damaging or interfering with beacon, buoy or mark used to indicate boundary of lease area
section 93(a)
2
17.
Unlawfully removing, destroying, damaging or interfering with light
section 93(b)
2
18.
Unlawfully removing, destroying, damaging or interfering with beacon, signal or light attached to raft or structure
section 93(c)
2
19.
Having rope, cable or other device securing marine farming equipment outside marine farming zone unless authorised
section 94(1)(a)
4
20.
Having marine farming equipment (other than rope, cable or other device securing marine farming equipment) outside lease area unless authorised
section 94(1)(b)
4
Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 28 September 2016 These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
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