Aquaculture permits - what you need to know

If you are cultivating fish or marine vegetation as outlined in the definition of aquaculture under Section 142 of the Fisheries Management Act 1994 you are required to obtain an aquaculture permit. The definition states:-

Aquaculture means :

1. cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or
2. keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond), but does not include:
3. keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or
4. anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or
5. any other thing prescribed by the regulations.

The following is a summary of the permit classes:

• Class A authorises extensive (no supplementary feeding) aquaculture on public water land (submerged Crown land) that is subject to an aquaculture lease. This permit class is required for the cultivation of various species including oysters (eg. Sydney Rock, Native (Angasi), Pacific Oysters) and other shellfish (e.g. Clams and Cockles). This activity is commonly undertaken in NSW estuaries utilising infrastructure such as racks and longlines with the shellfish grown on sticks, trays or within baskets.
• Class B authorises intensive (supplementary feeding) aquaculture on public water land (submerged Crown Land) that is subject to an aquaculture lease. This permit class is required for the cultivation of various species including finfish (e.g. Yellowtail Kingfish). This activity can be undertaken in NSW marine waters utilising infrastructure such as sea cages.
• Class C authorises extensive aquaculture to be undertaken otherwise than on public water land or land that is the subject of an aquaculture lease. Generally on freehold or leasehold lands. A Class C aquaculture farm commonly involves fish held in dams/ponds at low density with their nutritional requirements coming from the natural productivity of the water body in which they are held. These systems rely on relatively low capital input and little management as there is no supplemental feeding. Consequently, there are lower yields per unit area due to low stocking densities. Commonly Yabbies, Golden Perch, Freshwater Prawns and Freshwater Mussels are cultured.
• Class D authorises intensive aquaculture to be undertaken otherwise than on public water land or land that is the subject of an aquaculture lease. Generally on freehold or leasehold lands. A Class D aquaculture farming system involves holding fish at higher stocking densities with regular feeding using a manufactured diet. There is a higher degree of management, utilising water exchanges and aeration, higher risks, higher production costs and higher yields per unit area. Examples of intensive aquaculture in NSW include pond or tank systems growing Trout, Silver Perch, Prawns, Barramundi and Murray Cod.
• Class E authorises extensive freshwater aquaculture to be undertaken at two or more privately owned locations otherwise than on public water land or land that is the subject of an aquaculture lease. This permit allows extensive freshwater aquaculture (no feeding) at a number of different sites. Fish and Yabbies are stocked into man-made farm dams and water storages at numbers that are supported by the natural food available in the water body. Feeding with pellets or grains is not approved under this permit class.
• Class F authorises a person to operate a fish pond, tank or other structure with a view to charging members of the public for the right to fish in the pond, tank or structure. These are generally referred to as a fishout.
• Class H authorises a fish hatchery to be operated. The permit may be endorsed for the breeding of juveniles of various species including fish (e.g. Murray Cod, Golden Perch, Snapper, etc) and invertebrates (eg prawns, oysters, etc). This permit class also authorises the culture of ornamental fish in aquaculture facilities that have a capacity of 10,000 litres or more.

In some cases your aquaculture activity may require authorisation under more than one aquaculture permit class.

If you are still uncertain what class of aquaculture permit you would require please contact the Aquaculture Management Unit on (02) 4982 1232.

Yes, for the majority of new aquaculture developments you will be required to obtain Development Application (DA) consent through your local council or in some cases through the NSW Department of Planning & Environment. DA consents will contain a number of conditions which you are required to abide by otherwise the consent may become invalid.

It is also advisable that you consult the NSW Oyster Industry Sustainable Aquaculture Strategy, NSW Land Based Aquaculture Sustainable Aquaculture Strategy and/or Marine Waters Sustainable Aquaculture Strategy to ascertain if your proposed development is permissible before preparing your DA. The strategies also contain some valuable information which will assist in preparing your DA.

It should also be noted that aquaculture permit holders are often required to obtain and/or maintain various approvals, permits, licences and other authorities from other State and local government agencies such as water extraction licences, discharge licences, Shellfish Licence, etc. The government agencies you may need to consult include:

• Crown Lands
• Department of Primary Industries—Biosecurity & Food Safety
• Department of Primary Industries—Fisheries
• Environment, Energy and Science
• Environment Protection Authority (EPA)
• Local Lands Services
• Marine Estate Management Authority (MEMA)
• National Parks and Wildlife Service (NPWS)
• NSW Food Authority
• Planning and Assessment

As an aquaculture permit holder it is your responsibility to be aware of your obligations under the Fisheries Management Act 1994 and its associated Regulations such as the Fisheries Management (Aquaculture) Regulation 2017 and the Fisheries Management (General) Regulation 2010.

NSW DPI will endeavour to keep permit holders informed of changes through newsletters or articles on its website.

If you are unsure about the legality of any actions you wish to undertake please contact the Aquaculture Management Unit on (02) 4982 1232.

Aquaculture permit conditions are placed on your permit in accordance with the Fisheries Management Act 1994 to ensure the ongoing sustainability of both your farm and the industry as a whole.

Failure to comply with any condition of an aquaculture permit, constitutes an offence under the Fisheries Management Act 1994 and may result in the issuance of a penalty notice or prosecution and/or suspension and/or cancellation of the aquaculture permit.

Aquaculture permit application costs vary depending on the type of permit you are applying for. In addition there are annual fees which apply to aquaculture permits.

Aquaculture businesses are required to pay an annual permit administration fee and an annual research contribution. Aquaculture businesses operating on public waters such as oyster farming are required to pay the annual permit administration, research contribution, lease rental and elect a lease security arrangement. A Schedule of Aquaculture Fees and Charges is available on the NSW DPI website . More information can be obtained by speaking to staff from the Aquaculture unit on (02) 4982 1232.

No. Aquaculture permits are issued to a particular person, partnership or company.

If the ownership of an aquaculture farm changes hands then the new person or partnership will need to apply for a new aquaculture permit.

However, if an aquaculture permit is issued to a company and the company is purchased by new directors, then, a new permit is not required. The new directors must provide NSW DPI with copies of company extracts (obtained from Australian Securities & Investments Commission) showing the new directors of the company.

It is your responsibility to notify NSW DPI in writing within 28 days of any changes in your permit particulars (i.e. business address, trading name or change of directors).

No. The species listed on an aquaculture permit are those that NSW DPI has assessed as part of your aquaculture permit application. These are the only species you are permitted to hold on the area(s) to which the permit relates.

If you wish to amend the species on your aquaculture permit you will be required to complete and submit to NSW DPI a Permit Variation Application form. This form can be downloaded from the permit holder information page on the website.

Yes. Estuarine and marine based aquaculture is predominantly undertaken on Public Water land (submerged Crown Land) under the authority of an aquaculture lease issued by NSW DPI.

Land based aquaculture can also occur on land not owned by the permit holder provided:-

• You have a lease agreement with the property owners which permits the occupation, development and operation of an aquaculture facility; or
• In the case of a Class E aquaculture permit activity you have obtained a signed agreement/s with the property owner/s to authorise the Class E activity on their respective property/s and/or particular dams.

If you are looking to purchase a current land based aquaculture farm, there are a number of key issues you need to consider and/or copies of documents you need to obtain to accompany your aquaculture permit application.

• A copy of the Development Application (DA) consent/s along with copies of related documents and plans for the aquaculture farm. These can be obtained from the local council if not available from the seller.
• Check that the conditions of the DA consent have been complied with. You need to check that the farming infrastructure and operation matches that approved on the DA Consent/s. If the aquaculture infrastructure is different you need to check with the local council to clarify if a DA is required to cover these differences. This should be done prior to completing the sales process.
• Copies of plans of the farm’s infrastructure including pipelines, pumps, etc.  This will assist you in understanding and managing the infrastructure on the farm.
• Copy of all other government agency licenses and/or permits that apply to the farm you are purchasing. These will be needed to assist in transferring them (if transferrable) into your name.

It should also be noted that any extension of operations or expansion of facilities requires written approval from NSW DPI.

NSW DPI can assist you and the potential new owner in streamlining the approval of an aquaculture permit.

If you are unsure about any actions you wish to undertake please contact the Aquaculture Management Unit on (02) 4982 1232.