{"id":"aquaculture-regulations-2016","name":"Aquaculture Regulations 2016","slug":"aquaculture-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235220,"registerId":"sa-aquaculture-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aquaculture Regulations 2016","content":"South Australia\nAquaculture Regulations 2016\nunder the Aquaculture Act 2001\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tApprovals by Minister\nPart 2—General provisions supporting Act\n4B\tMeaning of variation of licence conditions\n5\tProcedures for making aquaculture policies\n6\tCertain amendments may be made by Gazette notice only\n7\tReference of matters to EPA\n8\tAquaculture Fund\n9\tFisheries officers and their powers\nPart 3—Regulation of licensed activities\nDivision 1—General requirements\n10\tUse of chemical substances\n11\tAquaculture waste\n12\tRecovery of aquaculture equipment or waste blown, washed or swept off-site\n13\tNotification of unusually high mortality rate and duty to isolate unaffected organisms\n14\tControl of aquatic organisms affected with disease\n15\tStock register\n16\tPeriodic returns\nDivision 2—Additional requirements relating to aquaculture in State waters\nSubdivision 1—Application of Division\n17\tApplication of Division\nSubdivision 2—Aquaculture strategies\n18\tAquaculture strategies\n19\tSector-based aquaculture strategies\n20\tIndividual aquaculture strategies\n21\tAquaculture strategies may be subject to urgent amendment without prior notice or consultation\nSubdivision 3—Environmental reporting\n22\tAnnual reporting on general environmental matters\n23\tPeriodic reporting on aquatic environment\nSubdivision 4—Miscellaneous\n24\tMarking‑off lease areas\n24A\tNavigational markers\n25\tFarming structures\n26\tNotification of escape of stock or damage that may lead to escape of stock\n27\tNotification of entanglement or confinement of protected animals\nDivision 3—Additional requirements relating to aquaculture not in State waters\n28\tApplication of Division\n29\tAnnual reporting on general environmental matters\n30\tPeriodic reporting on aquatic environment\nDivision 4—Exemptions from environmental reporting requirements\n31\tExemptions from environmental reporting requirements\nPart 3A—Regulation of aquaculture tourism development activities\n31A\tAquaculture tourism waste\n31B\tRecovery of aquaculture tourism equipment or waste blown, washed or swept off-site\n31C\tStock register\n31D\tControl of aquatic organisms affected with disease\n31E\tNotification of unusually high mortality rate and duty to isolate unaffected organisms\n31F\tNotification of entanglement or confinement of protected animals\n31G\tMitigation of impacts on and interactions with seabirds and large marine vertebrates\n31H\tPower to require or carry out work\nPart 4—Division and amalgamation of lease areas and licence areas\n32\tDivision of production lease area\n33\tAmalgamation of production lease areas\n34\tDivision of licence area\n35\tAmalgamation of licence areas\n36\tMinister may require further information\nPart 5—Miscellaneous\n37\tClassification of licences as category A, B, C or D and classification of variations of licence conditions as simple, standard or complex\n38\tFee payable on grant of aquaculture licence\n39\tAnnual fees for licences\n41\tWaiver or refund of fees\n42\tRecovery of fees etc\n43\tDefects in applications\n44\tExemption from requirement for licence under section 17 of Act\n45\tExemption from requirement for ATAB to assess certain applications under section 36 of Act\nSchedule 2—Revocation and transitional provisions\nPart 1—Revocation of Aquaculture Regulations 2005\n1\tRevocation of Aquaculture Regulations 2005\nPart 2—Transitional provisions\n2\tInterpretation\n3\tUse of chemical substances\n4\tAquaculture strategies\n5\tFarming structures\n6\tAmalgamation of production lease areas\n7\tClassifications of licences and variations of licences to continue\n8\tPreserved provisions to continue for licences pending classification\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Aquaculture Regulations 2016.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\naccredited laboratory means a laboratory accredited by the National Association of Testing Authorities and capable of detecting oxidised nitrogen, ammonia and soluble phosphorous at concentrations of 0.1 mg/L or less and total suspended solids at 5 mg/L or less;\nAct means the Aquaculture Act 2001;\naquaculture strategy means a sector‑based aquaculture strategy or an individual aquaculture strategy;\naquaculture tourism development has the same meaning as in Part 7A of the Act;\naquaculture tourism development authorisation has the same meaning as in Part 7A of the Act;\naquaculture tourism site means the site of aquaculture tourism development as specified under the aquaculture tourism development authorisation for the development;\naquaculture waste means waste generated in the course of carrying on aquaculture, but does not include waste created by living aquatic organisms;\nbuilding work has the same meaning as in Part 7A of the Act;\ncategory A licence, category B licence, category C licence or category D licence—see regulation 37;\ncommercial tourism activity has the same meaning as in Part 7A of the Act;\ndisease includes any bacterium, virus, parasite, insect or other organism or agent capable of causing disease in animals or humans;\nindividual aquaculture strategy—see regulation 20;\nlarge marine vertebrates means sharks, seals, sea lions, turtles, dolphins and whales;\nlease area means the area of a lease described on the public register under section 80 of the Act;\nlicence area means the area of a licence described on the public register under section 80 of the Act;\nlicensee means the holder of an aquaculture licence;\nMinister's website means a website determined by the Minister;\nprescribed wild caught tuna means members of the genera Allothunnus, Auxis, Euthunnus, Katsuwonus, and Thunnus that have been taken from the wild;\nreporting day, in relation to a licence, means—\n\t(a)\tin the case of a licence that authorises the farming of aquatic organisms that require regular feeding—31 January; or\n\t(b)\tin any other case—\n\t(i)\tthe day approved as the reporting day by the Minister by condition of the licence or by notice in writing to the licensee; or\n\t(ii)\tif no such day has been approved—31 August;\nreporting year, in relation to a licence, means—\n\t(a)\tif the licence authorises the farming of aquatic organisms that require regular feeding—a period of 12 months commencing on 1 December; or\n\t(b)\tin any other case—a period of 12 months commencing on 1 July;\nsea cage means a floating farming structure used for aquaculture comprised of or incorporating a net;\nsector-based aquaculture strategy—see regulation 19;\ntourism lease has the same meaning as in Part 7A of the Act;\ntourism licence has the same meaning as in Part 7A of the Act;\nzone means an aquaculture zone or an aquaculture exclusion zone.\n\t(2)\tThe mortality rate of aquatic organisms farmed under a licence or held on an aquaculture tourism site for the purposes of a commercial tourism activity will be taken to be unusually high if—\n\t(a)\tin the case of a class of aquatic organisms for which the Minister has, by notice in the Gazette, specified a mortality percentage (when measured in a specified manner) for the purposes of this subregulation—at least that percentage of such aquatic organisms farmed under the licence or held on the site (as the case requires) has died as specified; or\n\t(b)\tin any other case—it is at least 20% higher over a period of 24 hours than the usual average mortality rate for those organisms (being the mortality rate measured daily over the preceding 3 months).\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice published in the Gazette under subregulation (2)(a).\n4—Approvals by Minister\n\t(1)\tAn approval given by the Minister under these regulations to a person may be subject to conditions.\n\t(2)\tA person must comply with the conditions of an approval given to the person by the Minister under these regulations.\nMaximum penalty: $10 000.\nExpiation fee: $1 000.\nPart 2—General provisions supporting Act\n4B—Meaning of variation of licence conditions\nFor the purposes of the definition of variation of licence conditions in section 3 of the Act, the following matters are excluded from the ambit of the definition:\n\t(a)\tthe division of a licence area into separate licence areas in accordance with regulation 34;\n\t(b)\tthe amalgamation of licence areas into a single licence area in accordance with regulation 35.\n5—Procedures for making aquaculture policies\n\t(1)\tFor the purposes of section 12(4)(a) of the Act, the following bodies are prescribed:\n\t(a)\tConservation Council of South Australia Incorporated;\n\t(b)\tLocal Government Association of South Australia;\n\t(c)\tSouth Australian Recreational Fishing Advisory Council Incorporated (RecFish SA);\n\t(e)\tSouth Australian Native Title Services Ltd;\n\t(f)\tSeafood Industry South Australia Incorporated;\n\t(g)\tif the aquaculture policy is expressed to apply only in relation to 1 or more zones or areas—\n\t(i)\tany registered representatives of native title holders or claimants to native title in land comprising or forming part of a zone or area to which the policy applies; and\n\t(ii)\tany person holding an aquaculture licence or aquaculture lease over an area comprising or forming part of a zone or area to which the policy applies; and\n\t(iia)\tany person holding a tourism lease or tourism licence over an area to which the policy applies; and\n\t(iii)\tany regional landscape board (within the meaning of the Landscape South Australia Act 2019) responsible for a region comprising or forming part of a zone or area to which the policy applies; and\n\t(iv)\ta person or body that, in the opinion of the Minister, promotes economic development in a region comprising or forming part of a zone or area to which the policy applies;\n\t(h)\tif the aquaculture policy is not expressed to apply only in relation to 1 or more zones or areas—all regional landscape boards (within the meaning of the Landscape South Australia Act 2019);\n\t(i)\ta person or body that, in the opinion of the Minister, promotes tourism within South Australia.\n\t(2)\tThe Minister must, if a body referred to in subregulation (1)(a) to (f) has ceased to exist, specify, by notice in the Gazette, a body that in the opinion of the Minister has the same or similar functions as the body that has ceased to exist, and a body so specified is prescribed for the purposes of section 12(4)(a) of the Act.\n6—Certain amendments may be made by Gazette notice only\nFor the purposes of section 14(1)(c) of the Act, the Minister, by notice in the Gazette under that section, may amend an aquaculture policy—\n\t(a)\tif of the opinion that there is ambiguity as to the boundary of an aquaculture zone or aquaculture exclusion zone, to remove the ambiguity; or\n\t(b)\tto prescribe the maximum or minimum area that is to be available for use for the purposes of aquaculture tourism development in aquaculture zones in the policy.\n7—Reference of matters to EPA\nFor the purposes of section 59(3) of the Act, the prescribed period is 30 business days.\n8—Aquaculture Fund\nFor the purposes of section 79(3) of the Act—\n\t(a)\tthe prescribed percentage of fees (other than expiation fees) paid under the Act is 100%; and\n\t(b)\tthe prescribed percentage of penalties recovered in respect of offences against the Act is 100%.\n9—Fisheries officers and their powers\nFor the purposes of section 82(2) of the Act, section 81(3)(a) of the Fisheries Management Act 2007 is to be read as follows:\n\t(a)\tthe premises are used by a licensee for activities authorised by the licence; or\nPart 3—Regulation of licensed activities\nDivision 1—General requirements\n10—Use of chemical substances\n\t(1)\tSubject to subregulation (2), a licensee must ensure that a chemical substance is not used for therapeutic or prophylactic purposes in the course of aquaculture carried on under the licence unless—\n\t(a)\tin the case of a registered veterinary chemical product within the meaning of the Agricultural and Veterinary Products (Control of Use) Act 2002, the product is used in accordance with—\n\t(i)\tthe instructions on the approved label for the product within the meaning of that Act; or\n\t(ii)\ta permit within the meaning of that Act; or\n\t(iii)\tthe written approval of the Minister after consultation with the Environment Protection Authority; or\n\t(b)\tin any other case—the substance is used in accordance with the written approval of the Minister after consultation with the Environment Protection Authority.\nMaximum penalty: $10 000.\nExpiation fee: $1 000.\n\t(2)\tThe restrictions under subregulation (1) do not apply in relation to the use of a chemical substance for therapeutic or prophylactic purposes in circumstances of an emergency, provided that—\n\t(a)\ta veterinary surgeon has prescribed the use of that substance in relation to the licensee's stock to avoid imminent stock loss in those circumstances; and\n\t(b)\tthe licensee has obtained the Minister's prior approval for the use of the substance in those circumstances.\n\t(3)\tIn this regulation—\nveterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Practice Act 2003.\n11—Aquaculture waste\nA licensee must ensure that—\n\t(a)\taquaculture waste does not cause an unsightly or offensive condition at the licence area; and\n\t(b)\taquaculture waste is secured or treated in a manner designed to prevent it being blown, washed or swept off the licence area.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n12—Recovery of aquaculture equipment or waste blown, washed or swept off-site\n\t(1)\tA licensee must ensure that, if aquaculture waste or a farming structure or any other aquaculture equipment used to secure, anchor or mark the position of a farming structure, is blown, washed or swept off the licence area, the waste, structure or equipment is recovered as soon as practicable but in any event within 7 days.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tA licensee or some other person carrying on aquaculture under the licence must, on request by a person authorised in writing by the Minister, remove aquaculture waste or a farming structure or any other aquaculture equipment that has not been recovered (as required under subregulation (1)) and deal with it as requested.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n13—Notification of unusually high mortality rate and duty to isolate unaffected organisms\n\t(1)\tIf the mortality rate for aquatic organisms farmed under a licence is unusually high (see regulation 3(2)) and the licensee knows, or ought reasonably to know, that the organisms are or may be affected with a disease, the licensee must take the following action:\n\t(a)\tthe licensee must, immediately after becoming aware of the unusually high mortality rate, notify the Minister, by telephone call to the number provided to the licensee for the purpose, of that fact and of as many of the prescribed details as are known at the time of the notification;\n\t(b)\tthe licensee must, as soon as practicable after making the telephone call—\n\t(i)\ttake all reasonable measures to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected; and\n\t(ii)\tgive the Minister notice in writing of the prescribed details.\nMaximum penalty: $10 000.\nExpiation fee: In the case of an offence against paragraph (a) or (b)(ii)—$1 000.\n\t(2)\tIn this regulation—\nprescribed details, in relation to the mortality rate of aquatic organisms farmed under a licence, means—\n\t(a)\tthe licence number;\n\t(b)\tthe name of the species of aquatic organisms;\n\t(c)\tthe number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died;\n\t(d)\tdetails of any clinical signs observable in the organisms prior to death;\n\t(e)\tthe number or biomass (or an estimate of the number or biomass) of aquatic organisms that show similar clinical signs but have not died;\n\t(f)\tany known or suspected cause of death;\n\t(g)\tdetails of the measures taken to control or eradicate the disease;\n\t(h)\tdetails of all measures taken to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected;\n\t(i)\tdetails of any other circumstances known or suspected to be contributing factors such as extreme weather conditions, power failures, poor water quality or water temperature.\n\t(3)\tFor the purposes of subregulation (1), if the cause of an unusually high mortality rate for aquatic organisms farmed under a licence is not immediately apparent, the licensee will be taken to know that the aquatic organisms may be affected with a disease.\n14—Control of aquatic organisms affected with disease\n\t(1)\tIf a licensee knows, or ought reasonably to know, that an aquatic organism proposed to be introduced into the licence area is or may be affected with a disease, the licensee must ensure that the aquatic organism is not introduced into the licence area without the prior written approval of the Minister.\nMaximum penalty: $10 000.\n\t(2)\tIf a licensee knows, or ought reasonably to know, that an aquatic organism being farmed under the licence is or may be affected with a disease, the licensee must ensure that the aquatic organism is not removed from the licence area unless—\n\t(a)\tit is removed for testing for disease; or\n\t(b)\tit is removed for disposal (other than disposal by sale or supply to another person); or\n\t(c)\tit is removed in accordance with the written approval of the Minister obtained by the licensee.\nMaximum penalty: $10 000.\n\t(3)\tFor the purposes of this regulation, if the mortality rate for aquatic organisms farmed under a licence is unusually high (see regulation 3(2)) and the cause is not immediately apparent, the licensee will be taken to know that the aquatic organisms may be affected with a disease.\n15—Stock register\n\t(1)\tA licensee must maintain a stock register in accordance with this regulation.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tThe stock register must contain (in a clear and legible form)—\n\t(a)\tthe following information in respect of aquatic organisms supplied to the licensee:\n\t(i)\tthe date on which the aquatic organisms were received by the licensee;\n\t(ii)\tthe name and address of the person who supplied the aquatic organisms;\n\t(iii)\tthe species of aquatic organisms;\n\t(iv)\tthe number or biomass of aquatic organisms received;\n\t(v)\tthe age or developmental stage of the aquatic organisms when received;\n\t(vi)\tdetails identifying the place at which the aquatic organisms were last reared before supply or the place at which the aquatic organisms were collected; and\n\t(b)\tthe following information in respect of aquatic organisms collected by the licensee:\n\t(i)\tdetails identifying the authority within the meaning of the Fisheries Management Act 2007 under which the aquatic organisms were collected;\n\t(ii)\tthe date the aquatic organisms were collected;\n\t(iii)\tdetails identifying the place at which the aquatic organisms were collected;\n\t(iv)\tthe species of aquatic organisms;\n\t(v)\tthe number or biomass of aquatic organisms collected; and\n\t(c)\tthe following information in respect of the movement of aquatic organisms from the licensee's licence area to another licence area (whether or not the 2 licence areas are occupied by the same licensee):\n\t(i)\tthe date of the movement of the aquatic organisms;\n\t(ii)\tthe name and address of the licensee receiving the aquatic organisms;\n\t(iii)\tthe species and the number or biomass of the aquatic organisms; and\n\t(d)\tthe following information in respect of the supply of aquatic organisms by the licensee to another person (other than in circumstances referred to in paragraph (c)):\n\t(i)\tthe date on which the aquatic organisms were supplied;\n\t(ii)\tthe name and address of the person to whom the aquatic organisms were supplied;\n\t(iii)\tthe species and the number or biomass of the aquatic organisms; and\n\t(e)\tthe following information in respect of aquatic organisms that have died in the course of aquaculture carried on by the licensee:\n\t(i)\tthe species of aquatic organisms;\n\t(ii)\tthe date (or an estimate of the date) the aquatic organisms died;\n\t(iii)\tthe number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died;\n\t(iv)\tthe age or developmental stage of the aquatic organisms at death;\n\t(v)\tthe date on which the aquatic organisms were last checked;\n\t(vi)\ta description of how and where the aquatic organisms were disposed of; and\n\t(f)\tdetails of treatment administered for therapeutic or prophylactic purposes to aquatic organisms kept under the licence including—\n\t(i)\tthe reasons for the treatment; and\n\t(ii)\tthe dates on which the treatment was administered; and\n\t(iii)\tthe name (including trade or patent name) of each substance used as part of the treatment and the dosages or amounts administered; and\n\t(iv)\tinformation that identifies the aquatic organisms that received treatment by reference to tank or cage number or by other means.\n\t(3)\tA record required to be entered in the stock register must, subject to subregulation (4), be entered within 7 days after the event to which it relates.\n\t(4)\tHowever, if a licensee has notified the Minister of an unusually high mortality rate under regulation 13, the Minister may require the licensee to update the stock register as required within 24 hours after the notification.\n\t(5)\tA record entered in the stock register must be retained for 5 years from the date on which it was entered.\n\t(6)\tA person who is required to keep a record under this regulation must, at the request of a person authorised in writing by the Minister, produce the record for inspection.\n16—Periodic returns\nA licensee must, on a date or dates determined by the Minister in each year, provide the Minister with a periodic return containing such information as the Minister requires in the manner and form determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\nDivision 2—Additional requirements relating to aquaculture in State waters\nSubdivision 1—Application of Division\n17—Application of Division\nThis Division applies to aquaculture leases and to aquaculture licences authorising aquaculture in an area comprised of State waters or State waters and adjacent land within the meaning of the Harbors and Navigation Act 1993.\nSubdivision 2—Aquaculture strategies\n18—Aquaculture strategies\n\t(1)\tA licensee must ensure that activities under the licence conform with a sector‑based aquaculture strategy adopted by the licensee, or an individual aquaculture strategy approved in relation to the licensee by the Minister, under this Subdivision.\nMaximum penalty: $10 000.\n\t(2)\tAn aquaculture strategy—\n\t(a)\tmust specify the licensee, or class of licensee (by reference to a particular industry sector), to which the strategy applies; and\n\t(b)\tmust specify any 1 or more of the following strategies that are to apply to the licensee or class of licensee in the course of aquaculture carried on under the licence:\n\t(i)\ta strategy for maintaining farming structures and other aquaculture equipment;\n\t(ii)\ta strategy for avoiding or minimising disease of aquaculture stock;\n\t(iia)\ta strategy for avoiding or minimising the escape of aquaculture stock;\n\t(iib)\ta strategy for avoiding or minimising adverse impacts on, or adverse interactions with, seabirds and large marine vertebrates;\n\t(iii)\ta response plan for dealing with the escape of aquaculture stock;\n\t(iiia)\ta response plan for dealing with adverse impacts on, or adverse interactions with, seabirds and large marine vertebrates;\n\t(iv)\ta strategy for dealing with dead aquaculture stock in or around farming structures or elsewhere in the licence area;\n\t(v)\ta strategy for inspections or monitoring by the licensee of the licence area;\n\t(vi)\ta strategy for dealing with any other matter considered appropriate by the Minister; and\n\t(d)\tmay include any other matter considered appropriate by the Minister.\n19—Sector-based aquaculture strategies\n\t(1)\tThe Minister may publish, on the Minister's website, an aquaculture strategy that applies to a particular class of licensee (a sector‑based aquaculture strategy).\n\t(2)\tIf a sector‑based aquaculture strategy is in place, each licensee who belongs to the class of licensee to which it applies must adopt the sector‑based aquaculture strategy.\n\t(3)\tSubject to regulation 21, a sector‑based aquaculture strategy may be amended—\n\t(a)\tfollowing consultation with the relevant industry sector and any public authority likely to be affected by the strategy; and\n\t(b)\tby publishing the amendment on the Minister's website.\n\t(4)\tAn amendment under subregulation (3) of a sector‑based strategy is taken to be adopted by each licensee who belongs to the class of licensee to which the strategy applies and to form part of his or her sector‑based aquaculture strategy on its publication or at such later date as may be specified on the Minister's website.\n20—Individual aquaculture strategies\n\t(1)\tIf a sector‑based aquaculture strategy is not in place in relation to an industry sector to which a licensee belongs, the licensee must have an aquaculture strategy approved by the Minister (an individual aquaculture strategy).\n\t(2)\tSubject to regulation 21, if, at any time, the Minister is not satisfied as to the adequacy of an individual aquaculture strategy, the Minister may require the strategy to be amended and resubmitted for approval within a specified period in a modified form (which may be specified by the Minister).\n\t(3)\tIf a licensee fails to resubmit a strategy as required, the licensee is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(4)\tBefore requiring an individual aquaculture strategy to be resubmitted, the Minister must give the licensee written notice of the proposed action, inviting the licensee to make written submissions in relation to the proposed action within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the licensee).\n21—Aquaculture strategies may be subject to urgent amendment without prior notice or consultation\n\t(1)\tIf the Minister is of the opinion that action needs to be taken without delay in order to avoid, remedy or mitigate an adverse effect on the environment resulting from farming practices or other conduct by licensees, the Minister may, despite regulation 19 or 20, by notice published on the Minister's website, declare that specified licensees to whom the declaration applies—\n\t(a)\tmust discontinue, or not commence—\n\t(i)\tspecified farming practices or other specified conduct; or \n\t(ii)\tthe use of specified aquaculture equipment; or\n\t(b)\tmust take specified action in a specified manner,\nin the course of aquaculture carried on under the licence.\n\t(2)\tA declaration under subregulation (1)—\n\t(a)\ttakes effect on its publication on the Minister's website or at such later date as may be specified in the declaration; and\n\t(b)\tremains in place according to its terms for a specified period not exceeding 12 months; and\n\t(c)\twhile in place, is taken to be adopted by, and form part of an aquaculture strategy of, each licensee to whom the declaration applies.\n\t(3)\tIn this regulation—\nconduct includes a failure to act.\nSubdivision 3—Environmental reporting\n22—Annual reporting on general environmental matters\nA licensee must, on or before the reporting day in each year, furnish a report to the Minister—\n\t(a)\tcontaining the following details (or so many of the following details as may be specified by notice given to the licensee by the Minister) in relation to the preceding reporting year:\n\t(i)\tthe location of farming structures in the licence area (in the form required by the Minister);\n\t(ii)\tthe number, dimensions or spacing of farming structures in the licence area;\n\t(iii)\tdetails about farming practices carried on by the licensee, for example—\n\t(A)\tthe amount and type of any supplemental feed used in the licence area; or\n\t(B)\tthe amount and type of chemical substances used in the licence area; or\n\t(C)\tthe dates on which the chemical substances were used; or\n\t(D)\tin the case of aquatic organisms requiring regular feeding—an estimate of the number and biomass of such organisms in the licence area; or\n\t(E)\tthe scale or intensity of farming in the licence area;\n\t(iv)\tif the author of the report is not the licensee—the author's name and address;\n\t(v)\tany other details required by the Minister and specified in the notice; and\n\t(b)\taccompanied by a copy of the most recent report (if any) on the aquatic environment prepared by the licensee under regulation 23.\nMaximum penalty: $7 500.\nExpiation fee: $750.\n23—Periodic reporting on aquatic environment\n\t(1)\tThe Minister may, by notice in writing to a licensee, require the licensee to prepare, within a period specified in the notice, a report on the condition of the aquatic environment in or around the licence area.\n\t(2)\tA notice under this regulation may require the licensee—\n\t(a)\tto collect evidence of the condition of the aquatic environment, by—\n\t(i)\ttaking, in a specified manner and form, photographs or other visual images or recordings of or relating to aquatic flora and fauna or the sea floor; or\n\t(ii)\ttaking and analysing, in a specified manner (including by the use of services of an accredited laboratory), specified samples of aquatic flora and fauna or the sea floor; or\n\t(iii)\ttaking any other specified samples or measures; and\n\t(b)\tto prepare and submit to the Minister, in a specified manner and form, a report containing the specified details about the condition of the aquatic environment in or around the licence area found by the evidence collected under paragraph (a).\n\t(3)\tA licensee must comply with a notice given to the licensee under subregulation (1).\nMaximum penalty: $7 500.\nExpiation fee: $750.\nSubdivision 4—Miscellaneous\n24—Marking‑off lease areas\nThe holder of an aquaculture lease must ensure that—\n\t(a)\tthe boundaries of the marked‑off area of the lease are marked‑off or indicated in the manner required under the conditions of the lease; and\n\t(b)\tthe structures or equipment used to mark off or indicate the boundaries of the marked‑off area of the lease under the conditions of the lease are maintained in good working condition.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n24A—Navigational markers\nThe holder of an aquaculture lease must ensure that—\n\t(a)\tnavigational markers are installed in the manner required under the conditions of the lease; and\n\t(b)\tstructures or equipment comprising the navigational markers are maintained in good working condition.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n25—Farming structures\nA licensee must comply with the following requirements:\n\t(a)\teach sea cage must be marked with the licence number, or a unique identifier for which the licensee has obtained the Minister's written approval, in text that—\n\t(i)\tis at least 70 millimetres in height; and\n\t(ii)\tis clearly visible above the water line;\n\t(b)\tfarming structures being used for aquaculture must—\n\t(i)\texcept when being placed into position, moved or recovered—\n\t(A)\tbe securely fixed or moored in place so as to remain wholly within the licence area; and\n\t(B)\tbe anchored in a manner that minimises the impact on the benthos; and\n\t(ii)\tbe maintained in good working condition;\n\t(c)\tequipment used to secure, anchor or mark the position of a farming structure must be located wholly within the licence area;\n\t(d)\tif the aquaculture involves the use of a floating culture unit in subtidal waters—the distance between the unit and the sea floor must be at least 3 metres at all times unless otherwise approved in writing by the Minister;\n\t(e)\tstocked sea cages must not be located in the same place that stocked sea cages have been located within the preceding 12 months unless otherwise approved in writing by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n26—Notification of escape of stock or damage that may lead to escape of stock\n\t(1)\tSubject to subregulation (2), if aquaculture stock has escaped, or a farming structure or other equipment has been damaged that may lead to the escape of aquaculture stock, the licensee must take the following action:\n\t(a)\tthe licensee must as soon as practicable after becoming aware of the escape or damage, take all reasonable measures to contain or prevent the escape or further escape of stock;\n\t(b)\tthe licensee must, within 4 hours after becoming aware of the escape or damage, notify the Minister, by telephone call to the number provided to the licensee for the purpose, of so many of the prescribed details in relation to the escape or damage as are required by the Minister, and known by the licensee, at the time;\n\t(c)\tthe licensee must, within 2 days after becoming aware of escape or damage, give the Minister written notice of the prescribed details in relation to the escape or damage.\nMaximum penalty: $5 000.\nExpiation fee: In the case of an offence against paragraph (c)—$500.\n\t(2)\tA licensee is not required to comply with subregulation (1) if the licensee's aquaculture strategy specifies that this regulation does not apply.\n\t(3)\tIn this regulation—\nprescribed details, in relation to the escape of stock or damage to a farming structure or other equipment, means the following:\n\t(a)\tthe species of aquatic organisms involved;\n\t(b)\tthe date (or estimated date) on which the escape or damage took place;\n\t(c)\tthe number and biomass (or estimated number and biomass) of aquatic organisms that have escaped;\n\t(d)\tthe age or developmental stage of the aquatic organisms at the time of their escape;\n\t(e)\tdetails of the circumstances in which the escape or damage took place;\n\t(f)\tany action taken to contain or prevent the escape of the stock or otherwise address the escape or damage and the outcome of that action.\n27—Notification of entanglement or confinement of protected animals\n\t(1)\tSubject to subregulation (2), if a protected animal becomes entangled or otherwise confined in a farming structure or other equipment used in connection with aquaculture carried on by a licensee, the licensee must take the following action:\n\t(a)\tthe licensee must, immediately after becoming aware of the entanglement or confinement, notify the Minister, by telephone call to the number provided to the licensee for the purpose, of so many of the prescribed details in relation to the entanglement or confinement as are known at the time of the notification;\n\t(b)\tthe licensee must, within 2 days after becoming aware of the entanglement or confinement, give the Minister written notice of the prescribed details in relation to the entanglement or confinement.\nMaximum penalty: $7 500.\nExpiation fee: In the case of an offence against paragraph (b)—$500.\n\t(2)\tA licensee is not required to comply with subregulation (1) if the licensee's aquaculture strategy specifies that this regulation does not apply.\n\t(3)\tIn this regulation—\nprescribed details, in relation to the entanglement or confinement of an animal, means the following:\n\t(a)\tthe species of animal;\n\t(b)\tthe expected period of entanglement or confinement;\n\t(c)\tthe condition of the animal (to the extent known or reasonably ascertainable);\n\t(d)\tdetails of the circumstances in which the entanglement took place;\n\t(e)\tany action taken to free the animal and the outcome of that action;\nprotected animal means—\n\t(a)\ta protected animal within the meaning of the National Parks and Wildlife Act 1972; or\n\t(b)\ta white shark (Carcharodon carcharias).\nDivision 3—Additional requirements relating to aquaculture not in State waters\n28—Application of Division\nThis Division applies to aquaculture licences authorising aquaculture in an area not comprised of State waters or State waters and adjacent land within the meaning of the Harbors and Navigation Act 1993.\n29—Annual reporting on general environmental matters\nA licensee must, on or before the reporting day in each year, furnish a report to the Minister—\n\t(a)\tcontaining the following details (or so many of the following details as may be specified by notice given to the licensee by the Minister) in relation to the preceding reporting year:\n\t(i)\tdetails about water discharged from farming structures, for example—\n\t(A)\ta description of where and how the water has been discharged (including details of bodies of water to which it has been discharged); or\n\t(B)\ta statement of whether the water has been treated before discharge and, if it has, a statement of how the water has been treated; or\n\t(C)\tfor each month—the volume in litres of water discharged;\n\t(ii)\tdetails about farming practices carried on by the licensee, for example—\n\t(A)\tthe amount and type of supplemental feed used in connection with each farming structure in the licence area; or\n\t(B)\tthe amount and type of any chemical substances used in the licence area; or\n\t(C)\tthe dates on which the chemical substances were used;\n\t(iii)\tif the author of the report is not the licensee—the author's name and address;\n\t(iv)\tany other details required by the Minister and specified in the notice; and\n\t(b)\taccompanied by a copy of the most recent report (if any) prepared by the licensee under regulation 30 containing the results (if any) of the testing of the water samples provided by the laboratory.\nMaximum penalty: $7 500.\nExpiation fee: $750.\n30—Periodic reporting on aquatic environment\n\t(1)\tThe Minister may, by notice in writing to a licensee, require the licensee to prepare, within a period specified in the notice, a report on the condition of the aquatic environment in or around the licence area.\n\t(2)\tA notice under this regulation may require the licensee—\n\t(a)\tto collect evidence of the condition of the aquatic environment by—\n\t(i)\ttaking and analysing, in a specified manner (including by the use of services of an accredited laboratory), specified samples of water used for aquaculture under the licence; or\n\t(ii)\ttaking any other specified samples or measures; and\n\t(b)\tto prepare and submit to the Minister, in a specified manner and form, a report containing the specified details about the condition of the aquatic environment in or around the licence area found by the evidence collected under paragraph (a).\n\t(3)\tA licensee must comply with a notice given under subregulation (1).\nMaximum penalty: $7 500.\nExpiation fee: $750.\nDivision 4—Exemptions from environmental reporting requirements\n31—Exemptions from environmental reporting requirements\n\t(1)\tThe Minister may, on application by a licensee, exempt the licensee from the application of regulation 22 or 29 in respect of a licence area for a period not exceeding 2 years if satisfied—\n\t(a)\tthat no aquaculture is to be carried on in that area during that period; or\n\t(b)\tthat the scale or intensity of aquaculture to be carried on in that area during that period is so low as to have a negligible or minimal adverse impact on the environment.\n\t(2)\tAn application for an exemption under this regulation must be made in the manner and form determined by the Minister and must be accompanied by the prescribed fee.\n\t(3)\tAn exemption under this regulation may be granted unconditionally or subject to conditions.\n\t(4)\tAn exemption under this regulation must be in writing and must specify—\n\t(a)\tthe regulation from which the licensee is to be exempted; and\n\t(b)\tthe licence area to which the exemption relates; and\n\t(c)\tthe conditions (if any) to which the exemption is subject.\n\t(5)\tThe Minister must, in determining—\n\t(a)\tan application for an exemption under this regulation; or\n\t(b)\twhat should be the conditions of such an exemption,\ntake into account any relevant aquaculture policy and any other matters the Minister considers relevant.\n\t(6)\tThe Minister may, by further notice in writing, vary or revoke an exemption under this regulation.\n\t(7)\tAn exemption under this regulation has effect from the date specified in the exemption and remains in force according to its terms for a period (not exceeding 2 years) specified in the exemption or until revoked by the Minister.\n\t(8)\tA licensee must comply with the conditions of an exemption under this regulation.\nMaximum penalty: $5 000.\nExpiation fee: $500.\nPart 3A—Regulation of aquaculture tourism development activities\n31A—Aquaculture tourism waste\nA person carrying on a commercial tourism activity at an aquaculture tourism site must ensure that waste generated in the course of the activity—\n\t(a)\tdoes not cause an unsightly or offensive condition at the site; and\n\t(b)\tis secured or treated in a manner designed to prevent it being blown, washed or swept off the site; and\n\t(c)\tis disposed of in a lawful manner.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n31B—Recovery of aquaculture tourism equipment or waste blown, washed or swept off-site\nA person carrying on a commercial tourism activity at an aquaculture tourism site must ensure that, if any waste, structure, equipment or goods are blown, washed, or swept off the site, the waste, structure, equipment or goods are recovered as soon as practicable, but in any event within 7 days.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n31C—Stock register\n\t(1)\tA person (the operator) carrying on a commercial tourism activity at an aquaculture tourism site must maintain a stock register in accordance with this regulation.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tThe stock register must contain (in a clear and legible form)—\n\t(a)\tthe following information in respect of live aquatic organisms brought to the site for the purposes of the tourism activity:\n\t(i)\tdetails identifying the place at which the aquatic organisms were last reared before being brought to the site or the place at which the aquatic organisms were collected;\n\t(ii)\tthe date on which the aquatic organisms were received or collected by the operator;\n\t(iii)\tthe name and address of the person who supplied the aquatic organisms;\n\t(iv)\tthe species and number or biomass of aquatic organisms; and\n\t(b)\tthe following information in respect of the movement of live aquatic organisms from 1 aquaculture tourism site to another (whether or not the 2 sites are used by the same operator):\n\t(i)\tthe date of the movement of the aquatic organisms;\n\t(ii)\tthe name and address of the person (if any) receiving the aquatic organisms;\n\t(iii)\tthe species and the number or biomass of the aquatic organisms; and\n\t(c)\tthe following information in respect of aquatic organisms brought to the site for the purposes of the tourism activity that have died at the site (except where the aquatic organisms have died in the course of being consumed or in preparation for being consumed):\n\t(i)\tthe species of the aquatic organisms;\n\t(ii)\tthe date (or an estimate of the date) the aquatic organisms died;\n\t(iii)\tthe number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died;\n\t(iv)\tthe date on which the aquatic organisms were last checked;\n\t(v)\ta description of how and where the aquatic organisms were disposed of.\n\t(3)\tA record required to be entered in the stock register must, subject to subregulation (4), be entered within 7 days after the event to which it relates.\n\t(4)\tHowever, if an operator has notified the Minister of an unusually high mortality rate under regulation 31E, the Minister may require the operator to update the stock register as required within 24 hours after the notification.\n\t(5)\tA record entered in the stock register must be retained for 5 years from the date on which it was entered.\n\t(6)\tA person who is required to keep a record under this regulation must, at the request of a person authorised in writing by the Minister, produce the record for inspection.\n31D—Control of aquatic organisms affected with disease\n\t(1)\tIf a person carrying on a commercial tourism activity at an aquaculture tourism site knows, or ought reasonably to know, that an aquatic organism proposed to be introduced into the site for the purposes of the tourism activity is or may be affected with a disease, the person must ensure that the aquatic organism is not introduced into the site without the prior written approval of the Minister.\nMaximum penalty: $10 000.\n\t(2)\tIf a person carrying on a commercial tourism activity at an aquaculture tourism site knows, or ought reasonably to know, that an aquatic organism held on the site for the purposes of the tourism activity is or may be affected with a disease, the person must ensure that the aquatic organism is not removed from the site unless—\n\t(a)\tit is removed for testing for disease; or\n\t(b)\tit is removed for disposal (other than disposal by sale or supply to another person); or\n\t(c)\tit is removed in accordance with the written approval of the Minister obtained by the person.\nMaximum penalty: $10 000.\n\t(3)\tFor the purposes of this regulation, if the cause of an unusually high mortality rate for aquatic organisms held on an aquaculture tourism site for the purposes of a commercial tourism activity is not immediately apparent, the person carrying on the tourism activity at the site will be taken to know that the aquatic organisms may be affected with a disease.\n31E—Notification of unusually high mortality rate and duty to isolate unaffected organisms\n\t(1)\tIf the mortality rate for aquatic organisms held for the purposes of a commercial tourism activity on an aquaculture tourism site is unusually high (see regulation 3(2)) and the person carrying on the commercial tourism activity at the site knows, or ought reasonably to know, that the organisms are or may be affected with a disease, then—\n\t(a)\tthe person must, immediately after becoming aware of the unusually high mortality rate, notify the Minister of that fact and of as many of the prescribed details are known at the time of the notification; and\n\t(b)\tthe person must, as soon as practicable—\n\t(i)\ttake all reasonable measures to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected; and\n\t(ii)\tgive notice in writing of the prescribed details to the Minister.\nMaximum penalty: $10 000.\nExpiation fee: In the case of an offence against paragraph (a) or (b)(ii)—$1 000.\n\t(2)\tIn this regulation—\nprescribed details, in relation to the mortality of aquatic organisms held on an aquaculture tourism development site, means—\n\t(a)\tthe name of the species of aquatic organisms;\n\t(b)\tthe number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died;\n\t(c)\tdetails of any clinical signs observable in the organisms prior to death;\n\t(d)\tthe number or biomass (or an estimate of the number or biomass) of aquatic organisms that show similar clinical signs but have not died;\n\t(e)\tany known or suspected cause of death;\n\t(f)\tdetails of the measures taken to control or eradicate the disease;\n\t(g)\tdetails of all measures taken to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected;\n\t(h)\tdetails of any other circumstances known or suspected to be contributing factors such as extreme weather conditions, power failures, poor water quality or water temperature.\n\t(3)\tFor the purposes of subregulation (1), if the cause of an unusually high mortality rate for aquatic organisms held on an aquaculture tourism development site for the purposes of a commercial tourism activity is not immediately apparent, the person carrying on the tourism activity at the site will be taken to know that the aquatic organisms may be affected with a disease.\n31F—Notification of entanglement or confinement of protected animals\n\t(1)\tIf a protected animal becomes entangled or otherwise confined in building work, infrastructure or other equipment at an aquaculture tourism site, a person carrying on a commercial tourism activity at the site must—\n\t(a)\timmediately after becoming aware of the entanglement or confinement, notify the Minister of so many of the prescribed details in relation to the entanglement or confinement as are known at the time of the notification; and\n\t(b)\twithin 2 days after becoming aware of the entanglement or confinement, give the Minister written notice of the prescribed details in relation to the entanglement or confinement.\nMaximum penalty: $7 500.\nExpiation fee: In the case of an offence against paragraph (b)—$500.\n\t(2)\tIn this regulation—\nprescribed details, in relation to the entanglement or confinement of an animal, means the following:\n\t(a)\tthe species of animal;\n\t(b)\tthe expected period of entanglement or confinement;\n\t(c)\tthe condition of the animal (to the extent known or reasonably ascertainable);\n\t(d)\tdetails of the circumstances in which the entanglement took place;\n\t(e)\tany action taken to free the animal and the outcome of that action;\nprotected animal means—\n\t(a)\ta protected animal within the meaning of the National Parks and Wildlife Act 1972; or\n\t(b)\ta white shark (Carcharadon carcharias).\n31G—Mitigation of impacts on and interactions with seabirds and large marine vertebrates\nA person carrying on a commercial tourism activity at an aquaculture tourism site must take all reasonable measures to minimise any adverse impacts on, or adverse interactions with, seabirds and large marine vertebrates on the site resulting from the activity.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n31H—Power to require or carry out work\n\t(1)\tIf a person fails to take any action required to be taken by the person under this Part, the Minister may, by written notice to the person, direct the person to take the relevant action.\n\t(2)\tA person to whom a direction is given under subregulation (1) must comply with the direction within the time allowed in the notice.\nMaximum penalty: $10 000.\n\t(3)\tIf a person fails to comply with a direction under subregulation (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person.\n\t(4)\tAny property removed by action taken by the Minister under subregulation (3) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister sees fit.\nPart 4—Division and amalgamation of lease areas and licence areas\n32—Division of production lease area\n\t(1)\tThe Minister may, on application by the holder of a production lease for division of the lease area into separate production lease areas—\n\t(a)\tsubstitute the original lease with leases of the same kind over the separate lease areas; and\n\t(b)\tsubstitute the corresponding licences relating to the original lease with corresponding licences relating to the substituted leases.\n\t(2)\tThe following rules apply to the substitution of leases and corresponding licences under this regulation:\n\t(a)\tthere must be no change in the persons holding a lease or corresponding licence;\n\t(b)\tthe terms of the substituted leases must be for the balance of the term of the original lease;\n\t(c)\tthe lease areas of the substituted leases must together make up the lease area of the original lease;\n\t(d)\tthe area in which a licensee is authorised to carry on aquaculture must not be altered;\n\t(e)\tthe conditions of a substituted lease or corresponding licence must be the same as the conditions of the original lease or corresponding licence, except for conditions designating a lease area or licence area, conditions relating to marking out the boundaries of a lease area or licence area or conditions relating a licence to a lease.\n\t(3)\tAn application for division of a lease area into separate lease areas—\n\t(a)\tmust be made to the Minister in the manner and form required by the Minister; and\n\t(b)\tmust be accompanied by a plan delineating—\n\t(i)\tthe lease area of the original lease; and\n\t(ii)\tthe licence areas of the corresponding licences relating to the original lease; and\n\t(iii)\tthe separate lease areas into which the original lease area is to be divided; and\n\t(iv)\tthe licence areas of the corresponding licences that are to relate to the substituted leases over the separate lease areas; and\n\t(c)\tif the public register includes a notation that a specified person has an interest in the original lease—must be accompanied by evidence that the person consents to the division; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(4)\tWhile a licensee continues to hold a number of corresponding licences over adjoining licence areas as a result of the substitution of the licences under this regulation, the licences will, for the purposes of these regulations, be treated as a single licence held by the licensee over the aggregate of the adjoining licence areas.\n33—Amalgamation of production lease areas\n\t(1)\tThe Minister may, on application by the holder of 2 or more production leases for amalgamation of the lease areas into a single production lease area, substitute the original leases with a production lease over the amalgamated lease area.\n\t(2)\tThe following rules apply to the substitution of leases under this regulation:\n\t(a)\tthe holder of each original lease must be the same person;\n\t(b)\tthe substitution must not involve a change in the lessee;\n\t(c)\tthe original leases must be of the same class;\n\t(d)\tthe substitution must not involve a change in the class of lease;\n\t(e)\tthe term of the substituted lease must be for the aggregate of the balance of the terms of the original leases, divided by the number of original leases;\n\t(f)\tthe lease areas of the original leases must be adjoining;\n\t(g)\tthe lease area of the substituted lease must be the aggregate of the lease areas of the original leases;\n\t(h)\tthe substituted lease area must not have more than 6 corners except in exceptional circumstances approved by the Minister;\n\t(i)\tthe conditions of the substituted lease must be the same as the conditions of the original leases, except for conditions designating a lease area or conditions relating to marking out the boundaries of a lease area.\n\t(3)\tAn application for amalgamation of lease areas—\n\t(a)\tmust be made to the Minister in the manner and form required by the Minister; and\n\t(b)\tmust be accompanied by a plan delineating—\n\t(i)\tthe lease areas of the original leases; and\n\t(ii)\tthe licence areas of the corresponding licences relating to the original leases; and\n\t(iii)\tthe lease area to be substituted; and\n\t(iv)\tthe licence areas of the corresponding licences that are to relate to the substituted lease; and\n\t(c)\tif the public register includes a notation that a specified person has an interest in the original leases—must be accompanied by evidence that the person consents to the amalgamation; and\n\t(d)\tmust be accompanied by the prescribed fee.\n34—Division of licence area\n\t(1)\tThe Minister may, on application by the holder of an aquaculture licence for division of the licence area into separate licence areas, substitute the original licence with licences over the separate licence areas.\n\t(2)\tThe following rules apply to the substitution of licences under this regulation:\n\t(a)\tthere must be no change in the persons holding a licence;\n\t(b)\tthe terms of the substituted licences must be for the balance of the term of the original licence;\n\t(c)\tthe licence areas of the substituted licences must together make up the licence area of the original licence;\n\t(d)\tthe conditions of a substituted licence must be the same as the conditions of the original licence, except for conditions designating a licence area or conditions relating to marking out the boundaries of a licence area.\n\t(3)\tAn application for division of a licence area into separate licence areas—\n\t(a)\tmust be made to the Minister in the manner and form required by the Minister; and\n\t(b)\tmust be accompanied by a plan delineating—\n\t(i)\tthe licence area of the original licence; and\n\t(ii)\tthe separate licence areas into which the original licence area is to be divided; and\n\t(c)\tif the public register includes a notation that a specified person has an interest in the original licence—must be accompanied by evidence that the person consents to the division; and\n\t(d)\tmust be accompanied by the prescribed fee.\n35—Amalgamation of licence areas\n\t(1)\tThe Minister may, on application by the holder of 2 or more aquaculture licences for amalgamation of the licence areas into a single licence area (whether or not in connection with an application under regulation 33), substitute the original licences with a licence over the licence area.\n\t(2)\tThe following rules apply to the substitution of licences under this regulation:\n\t(a)\tthe holder of each original licence must be the same person; \n\t(b)\tthe substitution must not involve a change in the licensee;\n\t(c)\tthe original licences must be of the same class;\n\t(d)\tthe substitution must not involve a change in the class of licence;\n\t(e)\tthe term of the substituted licence must be—\n\t(i)\tin the case of a corresponding licence—co‑extensive with the term of the lease; or\n\t(ii)\tin any other case—for the aggregate of the balance of the terms of the original licences, divided by the number of original licences;\n\t(f)\tthe licence area of the substituted licence must be the aggregate of the licence areas of the original licences;\n\t(g)\tthe conditions of the substituted licence must be the same as the conditions of the original licences, except for conditions designating a licence area or conditions relating to marking out the boundaries of a licence area.\n\t(3)\tAn application for amalgamation of licence areas into a single licence area—\n\t(a)\tmust be made to the Minister in the manner and form required by the Minister; and\n\t(b)\tmust be accompanied by a plan delineating—\n\t(i)\tthe licence areas of the original licences; and\n\t(ii)\tthe single licence area into which the original licence areas are to be amalgamated; and\n\t(c)\tif the public register includes a notation that a specified person has an interest in the original licences—must be accompanied by evidence that the person consents to the amalgamation; and\n\t(d)\tmust be accompanied by the prescribed fee.\n36—Minister may require further information\nAn applicant under this Part must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration.\nPart 5—Miscellaneous\n37—Classification of licences as category A, B, C or D and classification of variations of licence conditions as simple, standard or complex\nFor the purposes of a prescribed fee relating to a licence—\n\t(a)\ta licence (other than a corresponding licence) is to be classified by the Minister as a category A, category B, category C or category D licence by reference to the Minister's reasonable assumptions as to the level of effort involved in the administration and enforcement of the Act and these regulations in relation to the aquaculture authorised by the licence (with category A representing the least effort and category D the greatest), having regard to the following:\n\t(i)\tthe scale and intensity of farming to be carried on under the licence;\n\t(ii)\tany discharge of water from the licence area and the treatment of that water prior to discharge;\n\t(iii)\twhether or not the species to be farmed are native to the locality of the licence area;\n\t(iv)\tthe susceptibility of the species to be farmed to notifiable disease within the meaning of the Livestock Act 1997;\n\t(v)\tany other matters considered relevant by the Minister; and\n\t(b)\tthe Minister may vary the classification of a licence by written notice to the licensee; and\n\t(c)\tthe Minister must classify each variation of licence conditions as a simple, standard or complex variation having regard to the extent to which the variation involves factors affecting the ecological sustainability of aquaculture authorised by the licence, including—\n\t(i)\twhether the variation involves any of the following:\n\t(A)\ta change in the species to be farmed;\n\t(B)\tan increase in the scale or intensity of farming;\n\t(C)\ta change in the type of farming structures or method used;\n\t(D)\ta change that will require reclassification of the licence as a category A, category B, category C or category D licence; and\n\t(ii)\tin addition, in the case of a corresponding licence, a consideration of the following:\n\t(A)\twhether the licence area is in an aquaculture zone (where risks affecting ecological sustainability have been more generally assessed);\n\t(B)\twhether the licence area has previously been farmed;\n\t(C)\twhether the licence area is being varied.\n38—Fee payable on grant of aquaculture licence\nA person who applies for an aquaculture licence must, before the licence is granted, pay to the Minister a fee of an amount calculated by multiplying—\n\t(a)\tthe annual fee that would have been payable by the person (under regulation 39) had the person held the licence at the last date for payment of the annual fee; and\n\t(b)\tthe proportion that the number of whole months between the grant of the licence and the next 30 June bears to 12 months.\n39—Annual fees for licences\n\t(2)\tIf more than 1 prescribed fee amount payable under section 53(1) of the Act applies to a corresponding licence, only a single fee amount (being the higher or highest of those amounts) will be payable as the annual fee.\n\t(3)\tThe Minister may enter into an arrangement with the holder of an aquaculture licence for payment of an annual fee by quarterly instalments.\n\t(4)\tFor the purposes of section 53(2) of the Act, the penalty for failure to pay an annual fee is—\n\t(a)\tif the annual fee is being paid in instalments—an amount equal to 10% of the unpaid balance of the instalment; or\n\t(b)\tin any other case—an amount equal to 10% of the fee.\n41—Waiver or refund of fees\n\t(1)\tThe Minister may waive or refund a prescribed fee or other amount (or part of a prescribed fee or other amount) if satisfied that it is appropriate to do so in a particular case.\n\t(2)\tThe amount of a prescribed application fee comprising an advertising component must be refunded to the extent that it is not used for advertising in respect of the application.\n42—Recovery of fees etc\nA fee or other amount payable to the Minister under the Act or these regulations may be recovered by the Minister by action in a court of competent jurisdiction as a debt due to the Minister.\n43—Defects in applications\n\t(1)\tThe Minister may request an applicant to remedy a defect or deficiency in an application or accompanying document or information required by or under the Act or these regulations.\n\t(2)\tThe Minister may, in connection with an application under the Act or these regulations relating to an aquaculture lease or licence, tourism lease or licence or aquaculture tourism development authorisation (other than an application for a grant of such a lease, licence or authorisation), request the applicant—\n\t(a)\tto pay any outstanding fee or other amount payable under the Act or these regulations in respect of the aquaculture lease or licence, tourism lease or licence or aquaculture tourism development authorisation (as the case requires); or\n\t(b)\tto provide any outstanding report, return or other information required to be provided under the Act or these regulations by the applicant in respect of the aquaculture lease or licence, tourism lease or licence or aquaculture tourism development authorisation (as the case requires).\n\t(3)\tIf an applicant in relation to whom a request has been made under this regulation fails to comply with the request within 3 months, the Minister may refuse the application.\n44—Exemption from requirement for licence under section 17 of Act\nSection 17 of the Act does not apply to aquaculture carried on through the South Australian Research and Development Institute.\n45—Exemption from requirement for ATAB to assess certain applications under section 36 of Act\nThe Minister may determine that an application for a production lease and an accompanying application for a corresponding licence in relation to an aquaculture zone are exempt from the application of section 36(1) and (2) of the Act if—\n\t(a)\tthe class of aquaculture proposed to be carried on under the applications is the farming of prescribed wild caught tuna; and\n\t(b)\tthe applicant already holds an aquaculture lease in that zone authorising the farming of prescribed wild caught tuna; and\n\t(c)\tthe Minister considers it appropriate to do so in the circumstances.\nSchedule 2—Revocation and transitional provisions\nPart 1—Revocation of Aquaculture Regulations 2005\n1—Revocation of Aquaculture Regulations 2005\nThe Aquaculture Regulations 2005 are revoked.\nPart 2—Transitional provisions\n2—Interpretation\nIn this Part—\nrevoked regulations means the Aquaculture Regulations 2005 revoked under Part 1.\n3—Use of chemical substances\nAn approval of the Minister obtained by a licensee to use a substance in a particular way and in force under regulation 10(1)(b) of the revoked regulations immediately before the commencement of this clause will be taken to continue, on and from that commencement, as an approval under regulation 10(1)(b) of these regulations in relation to the use of that substance by the licensee.\n4—Aquaculture strategies\n\t(1)\tSubject to subclause (2), if a licensee had a strategy approved by the Minister and in place under regulation 19 of the revoked regulations immediately before the commencement of this clause, the strategy will be taken to continue for the licensee, on and from that commencement, as an individual aquaculture strategy under Part 3 Division 2 Subdivision 2 of these regulations.\n\t(2)\tIf, on the commencement of this clause, a sector‑based aquaculture strategy is in place for the industry sector to which the licensee belongs, the licensee will be taken to have adopted that strategy on that commencement.\n5—Farming structures\nAn approval by the Minister obtained by a licensee of a unit to sea floor distance and in force under regulation 17(1)(d) of the revoked regulations immediately before the commencement of this clause will be taken to continue, on and from that commencement, as an approval under regulation 25(d) of these regulations in relation to that matter and that licensee.\n6—Amalgamation of production lease areas\nAn approval of the Minister obtained in relation to the number of corners of a substituted lease area and in force under regulation 30(2)(h) of the revoked regulations immediately before the commencement of this clause will be taken to continue, on and from that commencement, as an approval under regulation 33(2)(h) of these regulations in relation to that matter and that lease holder.\n7—Classifications of licences and variations of licences to continue\nA classification by the Minister of a licence, or variation of a licence, under regulation 34 of the revoked regulations, will be taken to continue, on and from that commencement, as a classification of a licence, or variation of a licence, under regulation 37 of these regulations.\n8—Preserved provisions to continue for licences pending classification\nIf a licence in force immediately before the commencement of these regulations is not, on that commencement, classified as a category A, category B, category C or category D licence under regulation 37 of these regulations, the revoked regulations as in force on 21 July 2015 will continue to apply in relation to the licence until such time as the licence is so classified under these regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Aquaculture Regulations 2016 revoked the following:\nAquaculture Regulations 2005\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n180\nGazette 7.7.2016 p2873 \n7.7.2016: r 2\n2017\n85\nGazette 14.6.2017 p2145\n1.7.2017: r 2\n2017\n87\nGazette 22.6.2017 p2227\n1.7.2017: r 2\n2017\n219\nGazette 8.8.2017 p3158\n8.12.2017: r 2\n2017\n302\nGazette 7.11.2017 p4521\n1.7.2018: r 2\n2018\n168\nGazette 21.6.2018 p2468\n1.7.2018—immediately after 302/2017: r 2\n2019\n55\nGazette 23.5.2019 p1409\n1.7.2019: r 2\n2020\n175\nGazette 4.6.2020 p3033\n1.7.2020: r 2\n2023\n118\nGazette 30.11.2023 p4006\n9.12.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2017\nr 3\n\n\nr 3(1)\n\n\nabalone\ndeleted by 175/2020 r 4(1)\n1.7.2020\naquaculture tourism development\ninserted by 118/2023 r 3(1)\n9.12.2023\naquaculture tourism development authorisation\ninserted by 118/2023 r 3(1)\n9.12.2023\naquaculture tourism site\ninserted by 118/2023 r 3(1)\n9.12.2023\nbuilding work\ninserted by 118/2023 r 3(2)\n9.12.2023\ncommercial tourism activity\ninserted by 118/2023 r 3(3)\n9.12.2023\nfinfish\ndeleted by 175/2020 r 4(2)\n1.7.2020\nGDA94\ndeleted by 118/2023 r 3(4)\n9.12.2023\nlarge marine vertebrates\namended by 118/2023 r 3(5)\n9.12.2023\ntourism lease\ninserted by 118/2023 r 3(6)\n9.12.2023\ntourism licence\ninserted by 118/2023 r 3(6)\n9.12.2023\nWGS84\ndeleted by 118/2023 r 3(7)\n9.12.2023\nr 3(2)\namended by 118/2023 r 3(8), (9)\n9.12.2023\nr 4\n\n\nr 4(1) and (2)\namended by 118/2023 r 4\n9.12.2023\nPt 2\n\n\nr 4B\ninserted by 87/2017 r 4\n1.7.2017\nr 5\n\n\nr 5(1)\nr 5 amended and redesignated as r 5(1) by 118/2023 r 5(1), (3)—(7), (8)\n9.12.2023\n\n(d) deleted by 118/2023 r 5(2)\n9.12.2023\nr 5(2)\ninserted by 118/2023 r 5(8)\n9.12.2023\nr 6\nsubstituted by 118/2023 r 6\n9.12.2023\nr 7\namended by 118/2023 r 7\n9.12.2023\nPt 3\n\n\nr 10\n\n\nr 10(1)\namended by 118/2023 r 8(1)\n9.12.2023\nr 10(3)\n\n\nantifoulant\ndeleted by 118/2023 r 8(2)\n9.12.2023\nr 15\n\n\nr 15(1)\namended by 118/2023 r 9\n9.12.2023\nr 18\n\n\nr 18(2)\namended by 118/2023 r 10(1), (2)\n9.12.2023\n\n(c) deleted by 118/2023 r 10(3)\n9.12.2023\nr 22\namended by 118/2023 r 11\n9.12.2023\nr 24\namended by 118/2023 r 12(1), (2)\n9.12.2023\nr 24A\ninserted by 118/2023 r 13\n9.12.2023\nr 31\n\n\nr 31(2)\nvaried by 175/2020 r 5\n1.7.2020\nPt 3A\ninserted by 118/2023 r 14\n9.12.2023\nPt 4\n\n\nr 32\n\n\nr 32(3)\nvaried by 175/2020 r 6\n1.7.2020\nr 33\n\n\nr 33(3)\nvaried by 175/2020 r 7\n1.7.2020\nr 34\n\n\nr 34(3)\nvaried by 175/2020 r 8\n1.7.2020\nr 35\n\n\nr 35(3)\nvaried by 175/2020 r 9\n1.7.2020\nPt 5\n\n\nr 37\nvaried by 175/2020 r 10\n1.7.2020\nr 39\n\n\nr 39(1)\ndeleted by 175/2020 r 11(1)\n1.7.2020\nr 39(2)\nvaried by 175/2020 r 11(2)\n1.7.2020\nr 39(4)\nsubstituted by 87/2017 r 5\n1.7.2017\nr 40\ndeleted by 175/2020 r 12\n1.7.2020\nr 41\n\n\nr 41(1)\nvaried by 175/2020 r 13(1)\n1.7.2020\nr 41(2)\nvaried by 175/2020 r 13(2)\n1.7.2020\nr 43\n\n\nr 43(2)\nsubstituted by 118/2023 r 15\n9.12.2023\nr 45\ninserted by 219/2017 r 4\n8.12.2017\nSch 1\nsubstituted by 85/2017 r 4\n1.7.2017\n\nsubstituted by 302/2017 r 4\n1.7.2018\n\nsubstituted by 168/2018 r 4\n1.7.2018\n\nsubstituted by 55/2019 r 4\n1.7.2019\n\ndeleted by 175/2020 r 14\n1.7.2020\nHistorical versions\n1.7.2017\n\n8.12.2017\n\n1.7.2018\n\n1.7.2019\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Compared with the revoked 2005 regulations the 2016 Regulations (and subsequent variations) broadened scope and introduced new regulated activity types: notably aquaculture tourism (Part 3A inserted by 118/2023 r 14, commenced 9.12.2023) with its own waste, stock, disease and mitigation duties (r 31A–31G). The instrument also updates definitions, preserves prior approvals (Sch 2 cl 3–7), adds urgent amendment powers for strategies (r 21) and adjusts licence classification/fee frameworks (r 37 and related variations), shifting regulatory coverage and administrative discretion."},"complexity_factors":["Wide range of compliance duties across operations: stock registers (r 15, 31C), periodic returns (r 16), annual environmental reports (r 22, r 29) and ad hoc environment notices (r 23, r 30).","Different rules depending on location: separate Divisions for State waters (r 17–25) and non‑State waters (r 28–30) increase regulatory branching.","Expanded scope to cover aquaculture tourism with a new Part 3A (r 31A–31H) adding parallel but distinct obligations for tourism operators (waste, stock, disease, mitigation, enforcement).","Substantial Ministerial discretion to publish sector strategies (r 19), approve individual strategies (r 20), make urgent amendments without consultation (r 21), grant exemptions (r 31) and classify licences/variations (r 37).","Fee, penalty and enforcement architecture: upfront and annual fees, instalment options, penalties and expiation fees are prescribed (r 38–41, r 39(4)), and costs recoverable as debts (r 42).","Detailed procedural complexity for property changes: division and amalgamation of leases/licences with plans, consents and prescribed rules (r 32–35) and ability to treat substituted licences as single licences (r 32(4)).","Multiple offence types with differing maximum penalties and expiation fees across many regs (eg r 4, r 10, r 11, r 13, r 14, r 22, r 23), raising compliance risk and administrative burden.","Technical measurement and laboratory standards: requirements to use accredited laboratories for specified testing and defined detection limits in the interpretation definitions (r 3(1) accredited laboratory).","Transitional and historical provisions preserve past approvals and classifications and record multiple amendments and revocations, which complicates tracing current obligations (Schedule 2 and Legislative history)."],"plain_english_summary":"These regulations set operational, environmental and reporting rules for commercial aquaculture and aquaculture tourism in South Australia. They require licences and strategies, impose record‑keeping and notification duties (disease, escapes, entanglements, waste), create fee and penalty rules, and give the Minister powers to approve, exempt, vary or urgently change strategy requirements. The rules affect licence and lease holders, tourism operators, and the Minister/authorities because they determine compliance costs, monitoring obligations and administrative discretion."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The URL returned a Page Not Found error following a website migration in March 2026."},"complexity_factors":["No legislative content was returned — only a website error page","Unable to assess any regulatory provisions, definitions, or operative sections","Complexity score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Aquaculture Regulations 2016* (South Australia) returned a **Page Not Found** error from the SA Legislation website. This appears to be caused by a broken or outdated hyperlink following a website update in March 2026.\n\nAs a result, **no analysis of the actual regulations can be provided**. To find the current version of the Aquaculture Regulations 2016, you should:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the regulations\n- Report the broken link to OPCWeb@sa.gov.au\n- Update any bookmarks created before 24 March 2026\n\nIn general terms, aquaculture regulations in South Australia govern the **farming of fish, shellfish, and other aquatic organisms** — covering licences, environmental standards, and operational requirements for fish farm operators."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2016 scope. The 2023 amendments (Regulation 118/2023) inserted an entirely new Part 3A specifically regulating 'aquaculture tourism development activities' – commercial tourism operations at aquaculture sites. This represents a major expansion from the original focus on production aquaculture to now explicitly covering tourism activities, with parallel but distinct requirements for waste management, stock registers, disease control, and wildlife interaction protocols. Additionally, the regulations have progressively incorporated more environmental protection measures over time, including specific obligations regarding seabirds and large marine vertebrates (sharks, seals, dolphins, whales) that weren't in the original 2016 version."},"complexity_factors":["Multiple parallel regulatory streams: The regulations create distinct but overlapping regimes for (a) general aquaculture, (b) aquaculture in State waters, (c) aquaculture not in State waters, and (d) aquaculture tourism – each with similar but not identical reporting and operational requirements.","Extensive cross-referencing: Heavy reliance on definitions and concepts from the parent *Aquaculture Act 2001* and other legislation (*Fisheries Management Act 2007*, *Landscape South Australia Act 2019*, *National Parks and Wildlife Act 1972*, *Agricultural and Veterinary Products (Control of Use) Act 2002*).","Conditional logic and nested exceptions: For example, regulation 26 (escape notification) doesn't apply if the aquaculture strategy says it doesn't; regulation 31 allows exemptions from reporting if conditions are met; emergency chemical use has its own sub-conditions (regulation 10(2)).","Detailed prescriptive requirements: Stock registers (regulations 15 and 31C) require 6-7 specific categories of information with multiple sub-bullets each; prescribed details for mortality reporting span 9 specific items (regulation 13(2)).","Administrative discretion with criteria: Multiple provisions require Ministerial decision-making based on multi-factor tests (e.g., licence classification at regulation 37 considers 5+ factors; exemption decisions at regulation 31 require satisfaction of specific criteria).","Transitional and revocation provisions: Schedule 2 preserves certain approvals and classifications from the revoked 2005 regulations, creating parallel applicability during transition periods.","27 defined terms in the interpretation section (regulation 3), several of which themselves reference other Acts or require Gazette notices to determine thresholds (e.g., 'unusually high mortality rate')."],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the detailed rules for how aquaculture (fish and seafood farming) operates in South Australia. They sit underneath the *Aquaculture Act 2001* and fill in the practical \"how-to\" of running fish farms, managing leases, and protecting the environment.\n\n**Who it affects:**\n\n*   **Fish farmers and aquaculture licence holders** – anyone running a commercial fish farm, whether in ocean waters, rivers, or on land.\n*   **Aquaculture tourism operators** – businesses that run tourist activities at aquaculture sites (like swimming with tuna).\n*   **The Minister and government agencies** – who administer licences, set policies, and enforce the rules.\n*   **The environment** – the regulations are designed to protect waterways, native wildlife, and marine ecosystems.\n\n**Key things the rules cover:**\n\n*   **Chemical use:** Strict controls on what chemicals can be used on fish, requiring Ministerial approval and veterinary oversight in emergencies.\n*   **Waste and pollution:** Farmers must secure waste so it doesn't blow or wash away, and must clean up any equipment or debris that escapes within 7 days.\n*   **Disease control:** Mandatory reporting of unusually high death rates (more than 20% above normal), keeping detailed stock registers tracking every batch of fish, and isolating sick animals.\n*   **Environmental reporting:** Regular reports on farming practices, water quality, and environmental impact – with different rules for farms in State waters (oceans/harbours) versus land-based farms.\n*   **Aquaculture strategies:** Farmers must follow management plans covering equipment maintenance, disease prevention, escape prevention, and protecting seabirds and marine mammals (sharks, seals, dolphins, whales).\n*   **Lease and licence management:** Rules for splitting or combining farm areas, including detailed requirements for maps and consent from anyone with a registered interest.\n*   **Fees and classifications:** Licences are ranked A-D based on environmental risk and administrative effort, with fees set accordingly.\n*   **Wildlife protection:** Immediate reporting if protected animals (including white sharks) get entangled in farming gear.\n\n**Why it matters:**\n\nThese regulations try to balance commercial seafood production with environmental protection. They create a paper trail for every fish that enters or leaves a farm, ensure rapid response to disease outbreaks that could wipe out stocks or spread to wild populations, and attempt to minimise the industry's footprint on marine ecosystems. For operators, compliance is mandatory and breaches attract significant penalties (up to $10,000) and on-the-spot fines."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/aquaculture-regulations-2016","history":"/api/acts/aquaculture-regulations-2016/history","analysis":"/api/acts/aquaculture-regulations-2016/analysis","conflicts":"/api/acts/aquaculture-regulations-2016/conflicts","importantCases":"/api/acts/aquaculture-regulations-2016/important-cases","documents":"/api/acts/aquaculture-regulations-2016/documents"}}