Expression of interest for new lease (estuarine)

Yes. A person or corporation must not undertake oyster farming except under the authority of a class A aquaculture permit.

Lease areas that are defined as priority oyster aquaculture area (POAA) under the NSW Oyster Industry Sustainable Aquaculture Strategy 2021 (OISAS) can be found on the Fisheries Spatial Data Portal. Lease maps on the spatial portal are colour coded, showing POAA as ‘green’ zones. These areas have been assessed as being suitable for oyster aquaculture.

If you are expressing an interest in an area that has been identified as POAA in OISAS, complete an expression of interest for new lease in POAA form.

If you are expressing an interest in an area that has not been identified as POAA in OISAS, complete an expression of interest for new lease outside POAA form. This form includes a Statement of Environmental Effects (SEE).

If you are applying for a previously unleased area and there is no lease number that can be used as a reference, the EOI must include a map of the proposed lease and the approximate size of the area.

There is no prescribed fee for an expression of interest for a new lease.

Yes. An expression of interest for a proposed lease inside POAA will be assessed under part 5 of the Environmental Planning and Assessment Act 1979. As part of the assessment process, the department will consult with the Aboriginal Fishing and Marine Conservation group, who manage the marine park estate in NSW.

An expression of interest for a proposed lease outside POAA must be accompanied by a statement of environmental effects (SEE), which will address the potential impacts of the new lease on the marine park. The EOI will need to comply with part 5 of the Marine Estate Management Act 2014, the objects of the zone in which the proposed lease is located, and aquaculture must be a permissible use within that zone.

An expression of interest for a proposed lease in national park estate must be accompanied by a detailed review of environmental factors (REF) that meets all requirements of the Office of Environment and Heritage. The REF will need to address the potential environmental impacts of the proposed lease, the consistency of the activity with any management plan for the area, and an assessment of the impact the activity may have on the national park area. In some cases, an EIS is required if the proposed lease is likely to significantly affect the environment.

If the EOI is progressed, the written concurrence of the Minister for the Environment will be required before the lease is granted.

No, all proposed new leases will be allocated via a competitive allocation process unless the application meets an exemption under the department’s lease allocation policy. The method of competitive allocation is a public tender unless the State or public interest would be best served by allocating a proposed lease by auction or ballot.

To maximise returns to the community for the allocation of a public resource for a private or commercial use, and to meet good governance standards by providing equal access to a public resource in a fair and transparent process.

Under current policy, a lessee who applies to shift the boundaries of a current aquaculture lease onto public water land that is outside POAA may do so without the need for a competitive allocation process (and without the need for development consent) provided the area outside POAA is no more than 0.1 hectares in area.

An environmental assessment of the proposed aquaculture activities will be required for the additional lease area.

Please contact aquaculture administration if you would like to discuss this exemption.

The department will assess the EOI and determine if:

• the proposed lease is available and suitable for oyster farming.
• additional approvals are required (for example, development consent).

If the department is supportive of the EOI, it will consult with various agencies and organisations to ensure that the proposed lease does not raise any environmental, Native Title, or any other concerns.

If no issues are raised during this consultation process, the proposed lease will be added to the list of leases to be allocated in the next public tender process.

The department holds two public lease tenders each year, in March/April and in September/October.

When the lease tender process commences, the department will:

• advertise the details of the tender in the NSW Government Gazette and on the department’s website.
• advise all parties who have submitted an expression of interest for a new lease that the tender is about to commence.
• advise all current class A permit holders in NSW that a tender is about to commence.
• write to any relevant agencies and associations advising them of the tender details.

More information on the lease tender process can be found at Lease Notifications & Tenders.

For information about the oyster aquaculture industry, you can refer to the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS).

For any other enquiries, contact aquaculture administration at aquaculture.administration@dpird.nsw.gov.au.

This checklist will help you to lodge a successful EOI.

• Have you contacted the department to discuss your proposal and to confirm that the proposed lease is available?
• Have you completed every section of the EOI form?
• If the area is not over a former lease area, have you provided a map showing the boundaries and approximate area of the proposed lease?