Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p41
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 129464–133238

4.5.

Commercial aquaculture in the region is managed under Victorian, Tasmanian and South Australian laws. These laws apply to the extent that they can operate consistently with the
EPBC Act, the EPBC Regulations and this plan.

Commercial intensive aquaculture is not allowed in the South-east Network.

The Director may make determinations under regulation 12.34 of the EPBC Regulations relating to the conduct of commercial aquaculture.
Table 4.5 Summary of prescriptions for commercial aquaculture activities in the
South-east Network

COMMERCIAL AQUACULTURE            Multiple Use   Special Purpose Zone (VI)  Habitat Protection Zone  Habitat Protection Zone (Macquarie) (IV)  Recreational Use   National Park Zone  Sanctuary Zone
                                  Zone                                      (IV)                                                               Zone               (II)                (Ia)
                                  (VI)                                                                                                         (IV)
Commercial intensive aquaculture  x              x                          x                        x                                         x                  x                   x
Commercial aquaculture (other)    A              x                          A                        x                                         x                  x                   x

  A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence issued by the Director.
  x Activity is not allowed.
Note: Examples of commercial aquaculture (other) may include seaweed, shellfish or bivalves.
Note: Anchor and transit by commercial aquaculture vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.3.5.
Note: Cage towing will be managed in accordance with Section 4.3.2 (Commercial fishing).
Note: Research in connection with commercial aquaculture activities will be managed in accordance with Section 4.3.12 (Research and monitoring).

Prescriptions
        1.                Commercial intensive aquaculture is not allowed in the South-east Network.
        2.                Commercial aquaculture (that does not include intensive aquaculture) may be carried out in a Multiple Use Zone (VI) and Habitat Protection Zone (IV) and is subject to the prescriptions in this section (4.3.3).
        3.                Commercial aquaculture (that does not include intensive aquaculture) may only be carried out under:

         a)      a class approval issued under Section 4.5.3 (Class approvals), or

         b)      an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

        1.                Without limiting prescription 4.3.3.3, commercial aquaculture (that does not include intensive aquaculture) must be carried out in accordance with:

         a)      any determinations made under regulation 12.34 of the EPBC Regulations, and

         b)      any applicable Commonwealth and state laws to the extent those laws are capable of operating concurrently with this plan.
        1.                Commercial aquaculture equipment not authorised for use by a class approval or activity licence as gear that may be used or that is prohibited by a determination under regulation 12.34 of the EPBC Regulations must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.

4.3.4     Commercial tourism (includes charter fishing tours)
This section (4.3.4) sets out the rules for commercial tourism in the South-east Network. These are summarised in