Class A aquaculture permit - info kit

Yes. All oyster farming activities on an aquaculture lease must be done under the authority of a current Class A aquaculture permit.

An aquaculture permit may be held by an individual, a partnership or an incorporated company. Where the applicant is a company, a current ASIC extract is required. This is available from the Australian Securities and Investments Commission (ASIC)

• Complete a class A aquaculture permit application form. In the application, you will need to provide details of the working depot where you intend to undertake land-based operations.
• Complete a commercial farm development plan (5-year business plan), which includes a lease maintenance plan and a biosecurity plan.
• Acquire one or more aquaculture leases via a lease transfer, lease sublet or a new lease application.
• Pay the prescribed application fee, as per the aquaculture fee schedule.

When the department receives your permit application, it will send you an invoice. Payment options will be provided on the invoice.

If a permit application is withdrawn or refused, the department is not required to refund the application fee. The department may refund the fee, or a portion of it, if the circumstances are appropriate.

The department will check that the application is duly made and there are no issues that may hold up its progression.

If the application can be progressed, the department will complete an assessment of the application and the commercial farm development plan. This includes a review of environmental factors (REF) on the activities being proposed in the application.

If the department is supportive of the application, the permit will be granted to you, as long as there are current aquaculture leases that can be added to the permit via a lease transfer, lease sublet or new lease application.

See the aquaculture transactions factsheet for more information on processing times.

A permit application may be refused if:

• the application is not duly made.
• the applicant is disqualified from holding an aquaculture permit.
• the applicant has not prepared an appropriate CFDP.
• the applicant does not have the expertise necessary to undertake aquaculture (based on the information provided in the application).
• the area where the applicant is proposing to undertake aquaculture is not suitable for that purpose.
• The application is inconsistent with OISAS.
• the applicant has been convicted or found guilty of an offence under the Fisheries legislation.
• The department believes that the proposed activity poses a risk to fish or the environment.
• The applicant has previously had an aquaculture permit suspended or cancelled.

Before a permit application is refused, the department must give the applicant an opportunity to resolve any issues or to show cause on the refusal of the application.

A class A aquaculture permit will not be granted unless you have access to an approved working depot site. A suitable working depot site must be approved for shellfish farming activities by the appropriate authorities. Access to this site will enable you to carry out day-to-day activities, such as the storage of materials, culling and drying of oysters, the loading and unloading of equipment and depuration.

You will need to demonstrate that the working depot site you intend to use has the appropriate approvals under the Environmental Planning and Assessment Act 1979. This may include:

• An approval issued by Crown Lands, such as a lease or licence authorising oyster depot activities (including a sublet agreement).
• An approval issued by the local Council to carry out oyster depot activities on private land including industrial estates, factories etc.
• The acquisition of an oyster lease with an approved structure, which adjoins land with approved land-based access. In this case you must demonstrate that the structure and land-based access has been approved by the appropriate authority.

If you intend to commercially harvest shellfish in NSW, you must contact the NSW Food Authority to apply for a seafood licence for shellfish cultivation or harvest. For further information, contact the NSW Food Authority, Taree office on 02 6552 3000.

In some instances, you may also be required to demonstrate access to a licensed oyster purification facility. These are also licenced by the NSW Food Authority.

A CFDP is a plan that describes how you intend to operate your shellfish business and justifies your use of public water land for the purpose of carrying out shellfish aquaculture. It forms part of your application for a new aquaculture permit.

Most applicants find that completing a CFDP leaves them better prepared to undertake shellfish farming as they are required to consider issues that they may otherwise have overlooked. Your CFDP will include a lease maintenance and development plan and a biosecurity plan.

Biosecurity considerations

• Identify the risks associated with diseases and pests that have the potential to impact your shellfish farming business, or the environment.
• Explain what you will do to control these risks.
• Demonstrate an understanding of your biosecurity responsibilities as a permit holder regarding the Biosecurity Act 2015 and the Fisheries Management Act 1994 and the Fisheries Management (Aquaculture) 2024.

Lease maintenance and development considerations

• List all the oyster leases that will be operated under your permit if it is granted.
• Describe the current cultivation infrastructure and the condition of the infrastructure for each lease.
• Indicate how the leases will be maintained in line with chapters 7 and 8 of the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS)
• If any leases are undeveloped, indicate what action you take to develop the cultivatable area over the next five (5) years.
• Address any potential lease marking or tidiness issues. If these issues exist, you may be issued with a Notice to Comply by the Fisheries Compliance team. You will be responsible for ensuring the lease/s meet the required OISAS standards. It is important to discuss the current compliance status of the lease/s with the current owner before submitting lease transfer applications.

Financial considerations

To ensure the financial sustainability of your farming business, you must be aware of the costs associated with the operation of an oyster business and make sure you have the funds to do the work required. You must demonstrate this in the financial forecast section.

Annual permit and lease fees will be payable following the granting of your aquaculture permit. These are listed in the aquaculture fee schedule. Fees and charges often increase annually, in accordance with the Consumer Price Index (CPI).

In addition, the following costs must be considered:

NSW shellfish program

The NSW shellfish program is a compulsory, industry funded program that assists in ensuring the public health safety of oysters and other shellfish grown and harvested from NSW waters.  Fees to manage this scheme are invoiced and collected by the NSW Food Authority. For further information contact the NSW Food Authority at www.foodauthority.nsw.gov.au/.

Public liability insurance and indemnity

When your new permit is issued, you must sign a deed of undertaking and acknowledgement (U&A) agreeing to indemnify the State of NSW, the Minister and their servants and agents against all action, suits, claims and demands in relation to any accident or injury to any person or property in respect to the lease/s authorised by the permit. You will also need to maintain public liability insurance (PLI) cover to a minimum of $10 million

All class A and B aquaculture permit holders must maintain a lease security arrangement to provide security for the oyster leases authorised by their permit.

The lease security system ensures that the industry shares the responsibility for potential problems arising from poor lease management and maintenance issues.

There are 3 types of arrangements that you can choose from:

Arrangement 1

A cash deposit at the prescribed rate of $1,000 per hectare.

Arrangement 2

A bank guarantee issued by an authorised guarantor that indemnifies the Crown to the extent of the required amount of $1,000 per hectare.

Arrangement 3

An annual contribution charged each year at a prescribed per hectare rate (refer to the aquaculture fee schedule). This contribution is not refundable.

You can request to cancel your aquaculture permit at any time. The department will not cancel an aquaculture permit while it authorises any current leases.

An aquaculture permit cannot be transferred to someone else.

See the aquaculture lease and permit holder responsibilities factsheet for information about your responsibilities as a permit holder.

For more information, contact aquaculture administration via email at aquaculture.administration@dpird.nsw.gov.au