Document ID: chunk:federal_register_of_legislation:F2018L00326:front:0:p32
Version: federal_register_of_legislation:F2018L00326
Segment Type: other
Provision Reference: 
Character Range: 94804–98226

the commercial fishing industry, the Director may require all commercial fishing vessels transiting or conducting fishing activities in the South-west Network to carry an operating vessel identification and monitoring system.
Note: At the commencement of this plan vessel identification and monitoring systems were required on all vessels operating in Commonwealth managed fisheries. The conditions of a class approval or activity licence issued under Section 4.4 (Authorisation of allowable activities) may require the use of vessel identification and monitoring systems on all commercial fishing vessels operating in the South-west Network.

The Director may make determinations under r.12.34 of the EPBC Regulations relating to the conduct of commercial fishing.

Commercial aquaculture
The prescriptions in this Section set out the rules for commercial aquaculture in the South-west Network. These are summarised in Table 4.5.
Commercial aquaculture is managed under Western Australian and South Australian laws. These laws apply to the extent that they can operate consistently with the EPBC Act and EPBC Regulations and this plan.
Research in connection with commercial aquaculture will be managed in accordance with Section 4.2.10 (Research and monitoring).
Table 4.5 Summary of prescriptions for commercial aquaculture activities in the South-west Network
COMMERCIAL AQUACULTURE  Special Purpose Zone (Trawl)  Special Purpose Zone  Special Purpose Zone (Mining Exclusion)  Multiple Use Zone  Habitat          National Park Zone
Activity                VI                            VI                    VI                                       VI                 Protection Zone  II
                                                                                                                                        IV
Aquaculture             A                             A                     A                                        A                  A                x

x Activity is not allowed.
A Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit and anchoring is allowed as part of activities authorised under this Section.
Note: Anchoring by commercial aquaculture vessels is allowed except in the National Park Zone (II). Anchoring in the National Park Zone (II) is prohibited except in anchoring areas determined under r.12.56 of the EPBC Regulations. These requirements do not prevent stopping and anchoring due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Prescriptions

Commercial aquaculture may be conducted in the South-west Network in accordance with and subject to:
 1. a class approval issued under Section 4.4.2 (Class approvals); and
 2. an activity licence issued under Section 4.4.3 (Activity licences and leases) to a person who is not covered by a class approval; and the following prescriptions in this Section;
 3. the prescriptions in Section 4.2.1 (General use, access, and waste management); and
 4. any determinations made under r.12.34 of the EPBC Regulations.

Commercial aquaculture may be conducted in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Special Purpose Zone (VI);
 3. Special Purpose Zone (Mining Exclusion) (VI);
 4. Multiple Use Zone