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Department of Primary Industries

Lease maintenance and development plan guidelines

Part 4 Division 10 of the Fisheries Management (Aquaculture) Regulation 2024 details the requirements to correctly mark a leased area. Appropriate lease marking is required to assist the safe navigation of oyster aquaculture areas. It is also required to establish the use of the area for oyster aquaculture and to clearly identify individual oyster aquaculture areas. Chapter 7 of the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS) establishes the standards for the marking of oyster leases in NSW.

Under section 162 of the Fisheries Management Act 1994, it is also a requirement that all aquaculture permit holders maintain their leases in a tidy condition. Lease tidiness standards include factors such as colour; shape and design; materials and construction; waste management; fallowing periods; and decommissioning of leases.

The lease tidiness standards aim to:

  • Reduce the likelihood of the lease maintenance burden becoming overwhelming
  • Reduce adverse visual amenity and safety impacts consistent with the oyster industry’s estuarine stewardship responsibilities
  • Reduce lease abandonment and potential expenditure of lease security trust funds.

OISAS also establishes the standards for the construction and operation of oyster leases in NSW.

Lease maintenance and development plan

All applicants for a Class A aquaculture permit are required to submit with their permit application a Commercial Farm Development Plan which includes a Lease Maintenance and Development Plan (LM&DP). In completing their LM&DP, the permit applicant must describe how all leases that will be authorised by the permit will comply with the lease marking and cultivation standards prescribed in the OISAS; and how the condition of the lease(s) would be improved or maintained should the permit be granted. The completion of a LM&DP is also a valuable check for new industry entrants to understand the potential costs and liability of taking on leases with on-going statutory maintenance obligations. Specifically, the LM&DP must address the following:

1.  Lease marking

For each lease listed on the permit application, the LM&DP must describe the following:

Lease Maintenance and Development Plan Guidelines

  • The type and condition of all lease marking present on the lease area, including any missing or sub-standard marking.

2. Lease infrastructure

For each lease listed on the permit application, the LM&DP must describe the following:

  • The construction type (e.g. timber post and rail; post supported long-line basket; floating basket; raft, etc.), quantity and condition of all infrastructure currently present on the lease area.

3.  Fallow or undeveloped lease area

Where a lease listed on the permit is undeveloped or partially developed, the permit holder must provide a development strategy for the lease area over the next five (5) years.

4.  Lease maintenance and development schedule

To assist with the maintenance of the lease marking and tidiness standards, permit applicants must develop a lease maintenance and development schedule. The lease maintenance and development schedule should specify the order of priority for all works (e.g. navigational markers and lease signs are higher order priorities). A recommended lease maintenance schedule is provided in the OISAS (Section 8.3).

Compliance with triennial permit and lease condition inspections

Permit holders must comply with the lease-based aquaculture permit conditions. NSW DPIRD undertakes a permit and lease compliance inspection program every three years, or more frequently depending upon the status of the lease. The Lease Maintenance and Development Plan must reflect the time cycles of this program.

Legislation and Regulations

Permit holders must comply with relevant legislation and regulations including:

Review and Audit

The LM&DP must include a schedule for routine review to ensure it is being implemented effectively and to identify any operation deficiencies.