{"id":"tas:sr-2019-020","name":"Environmental Management and Pollution Control (Environmental Licences) Regulations 2019","slug":"environmental-management-and-pollution-control-environmental-licences-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"20 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185995,"registerId":"tas-tas:sr-2019-020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Environmental Management and Pollution Control (Environmental Licences) Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-020) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ;\n> > \n> > > ***emergency application*** means an application to which [regulation 4](#GS4@EN) applies;\n> > \n> > > ***emergency order*** has the same meaning as in the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) ;\n> > \n> > > ***emergency plan*** has the same meaning as in the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) ;\n> > \n> > > ***marine farming development plan*** has the same meaning as in the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) ;\n> > \n> > > ***marine farming development plan amendment*** means an amendment, under [Division 2 of Part 3 of the](/view/html/inforce/2026-04-12/act-1995-031#HP3@HD2@EN) [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) , of a marine farming development plan;\n> > \n> > > ***marine farming lease*** means a lease under [Part 4 of the](/view/html/inforce/2026-04-12/act-1995-031#HP4@EN) [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) and includes a sub-lease of such a lease;\n> > \n> > > ***Panel*** has the same meaning as in the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031) .\n> \n> > (2)  For the purposes of these regulations, a marine farming development plan is taken to have been in force for all of the 10-year period immediately before an application is made in relation to an area of State waters if –\n> > \n> > > > (a) there has been one such plan in relation to the area of State waters for such a period; or\n> > > \n> > > > (b) at all times during that period there has been one or more such plans in relation to the area of State waters, whether or not one or more of the plans replaces another plan during that period.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Emergency application","content":"### 4 Emergency application\n\n> For the purposes of these regulations, an application is an emergency application –\n> \n> > > (a) if –\n> > > \n> > > > > (i) a permit has been issued under [section 12](/view/html/inforce/2026-04-12/act-1995-031#GS12@EN) or [14](/view/html/inforce/2026-04-12/act-1995-031#GS14@EN) of the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) in respect of all or part of the activity to which the application relates; and\n> > > > \n> > > > > (ii) the permit authorises, for a period specified in the permit, the keeping of finfish in the area of State waters to which the application relates; and\n> > > > \n> > > > > (iii) the Director is satisfied that an environmental licence in relation to the application should be issued on urgency; or\n> > \n> > > (b) if there is an emergency order in relation to the lease area to which the application relates; or\n> > \n> > > (c) if there is an emergency plan in relation to the lease area to which the application relates.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Special penalty","content":"### 5 Special penalty\n\n> > (1)  For the purposes of [section 42C(5)(a)](/view/html/inforce/2026-04-12/act-1994-044#GS42C@Gs5@Hpa@EN) of the Act, the amount of the special penalty to be imposed on a person who commits an offence, against [section 42C(4)](/view/html/inforce/2026-04-12/act-1994-044#GS42C@Gs4@EN) of the Act, constituted by contravening a condition of an environmental licence that limits the rate of dissolved nitrogen being produced, or emitted, in the course of the conduct of an activity under the licence, is a fine of 1 000 penalty units for each tonne of dissolved nitrogen that exceeds that rate.\n> \n> > (2)  For the purposes of [subregulation (1)](#GS5@Gs1@EN) , if the amount of dissolved nitrogen is not a whole number of tonnes, the special penalty is to be calculated on a pro rata basis.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Period in which application for renewal of licence to be made","content":"### 6 Period in which application for renewal of licence to be made\n\n> For the purposes of [section 42S(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42S@Gs2@EN) of the Act, the number of days, before the day on which the licence expires, is prescribed to be 60.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Environmental infringement notices and penalties","content":"### 7 Environmental infringement notices and penalties\n\n> > (1)  For the purposes of [section 72](/view/html/inforce/2026-04-12/act-1994-044#GS72@EN) of the Act, an offence under a provision of the Act specified in column 1 of [Schedule 1](#JS1@EN) is a prescribed offence.\n> \n> > (2)  The penalty for a prescribed offence is –\n> > \n> > > > (a) for an environmental infringement notice issued to an individual, the penalty for that offence that is specified in column 2 of [Schedule 1](#JS1@EN) opposite that offence; and\n> > > \n> > > > (b) for an environmental infringement notice issued to a body corporate, the penalty for that offence that is specified in column 3 of [Schedule 1](#JS1@EN) opposite that offence.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Criteria for referral to Board, under section 42I(3) of Act, of certain applications","content":"### 8 Criteria for referral to Board, under section 42I(3) of Act, of certain applications\n\n> > (1)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming if any one or more of the following criteria are satisfied:\n> > \n> > > > (a) there is likely to be a very high level of public interest in the application;\n> > > \n> > > > (b) it is reasonably likely that an approval, in relation to the activity to which the application relates, will be required under the *Environment Protection and Biodiversity Conservation Act 1999* of the Commonwealth;\n> > > \n> > > > (c) there is neither a marine farming development plan, nor an emergency plan, in relation to the area of State waters in which the activity to which the application relates is to be conducted by the applicant, unless –\n> > > > \n> > > > > > (i) the activity is not an activity referred to in [section 5C(2)(a)](/view/html/inforce/2026-04-12/act-1994-044#GS5C@Gs2@Hpa@EN) of the Act; and\n> > > > > \n> > > > > > (ii) there is a permit, issued under the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) , under which the activity is to be conducted by the applicant.\n> \n> > (2)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming if the application –\n> > \n> > > > (a) relates to an area of State waters in relation to which a marine farming development plan has been in force for all of the 10-year period immediately before the application is made; and\n> > > \n> > > > (b) is not an emergency application; and\n> > > \n> > > > (c) relates to an area of State waters in which no finfish have been kept, in the course of marine farming, by any person or, if finfish have been kept in that area of State waters in that 10-year period, they have been kept under –\n> > > > \n> > > > > > (i) a permit that has been issued under [section 12](/view/html/inforce/2026-04-12/act-1995-031#GS12@EN) or [14](/view/html/inforce/2026-04-12/act-1995-031#GS14@EN) of the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) in respect of all or part of the activity to which the application relates; or\n> > > > > \n> > > > > > (ii) an emergency order in relation to the lease area to which the application relates; or\n> > > > > \n> > > > > > (iii) an emergency plan in relation to the lease area to which the application relates.\n> \n> > (3)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which section [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) more than 2 years before the application was made to the Director, there was approved by the Minister under the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031)  –\n> > > > \n> > > > > > (i) a marine farming development plan that applies to all or part of the area of State waters in which the activity is to be conducted under the licence; or\n> > > > > \n> > > > > > (ii) a marine farming development plan amendment to a marine farming development plan referred to in [subparagraph (i)](#GS9@Gs4@Hpa@Hqi@EN) ; and\n> > > \n> > > > (b) the Director considers that the information, in relation to the environmental impact of fish farming, that was provided to the Panel under that Act before the Panel determined whether to recommend to the Minister under [section 31](/view/html/inforce/2026-04-12/act-1995-031#GS31@EN) or [41](/view/html/inforce/2026-04-12/act-1995-031#GS41@EN) of that Act that a draft of the plan, or a draft amendment of the plan, referred to in [paragraph (a)](#GS8@Gs3@Hpa@EN) , be accepted by the Minister, did not adequately take into account the likely effects of an activity of the kind to which the application relates, so as to make an environmental assessment by the Board of the application unnecessary.\n> \n> > (4)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) there is a marine farming development plan in relation to an area of State waters in all or part of which the activity to which the application relates is to be conducted by the applicant under the licence; and\n> > > \n> > > > (b) there has been specified by a person under the marine farming development plan a maximum rate of dissolved nitrogen that is permitted under the plan to be produced, or emitted, in the course of the conduct of finfish farming in the area of State waters to which the plan relates; and\n> > > \n> > > > (c) the conduct by the applicant of the activity to which the application relates is likely to cause the rate of dissolved nitrogen that is produced or emitted, in the course of the conduct, whether by the applicant or other persons, of finfish farming in the area of State waters to which the plan relates, to exceed by more than 10% the maximum rate referred to in [paragraph (b)](#GS8@Gs4@Hpb@EN) .\n> \n> > (5)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) the activity to which the application relates is to be conducted by the applicant in an area of State waters to all or part of which –\n> > > > \n> > > > > > (i) a marine farming development plan applies; and\n> > > > > \n> > > > > > (ii) one or more marine farming leases, in relation to finfish farming, that are held by the applicant, relate; and\n> > > \n> > > > (b) a maximum rate of dissolved nitrogen that is permitted to be produced, or emitted, in the course of the conduct of finfish farming in the area of State waters, has been, by a person, under the plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases under which the activity to which the application relates is to be conducted; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates; and\n> > > \n> > > > (c) the conduct by the applicant of the activity to which the application relates, in an area of State waters to which one or more of those marine farming leases under which the activity is to be conducted relate, is likely to cause the rate of dissolved nitrogen that is produced or emitted to exceed by more than 10% the maximum rate, referred to in [paragraph (b)](#GS8@Gs5@Hpb@EN) , that has been, by a person, under the plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases under which the activity to which the application relates is to be conducted by the applicant; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates.\n> \n> > (6)  For the purposes of section [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which section [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) there is a marine farming development plan in relation to an area of State waters in all or part of which the activity to which the application relates is to be conducted by the applicant; and\n> > > \n> > > > (b) there has been specified by a person, under the marine farming development plan, a maximum biomass of finfish that is permitted to be contained, in the area of State waters to which the plan relates, in the course of the conduct of finfish farming; and\n> > > \n> > > > (c) the conduct by the applicant of the activity to which the application relates is likely to cause the biomass of finfish, contained in the area of State waters to which the plan relates, to be more than 10% higher than the maximum biomass of finfish referred to in [paragraph (b)](#GS8@Gs6@Hpb@EN) .\n> \n> > (7)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) the activity to which the application relates is to be conducted by the applicant in an area of State waters to all or part of which –\n> > > > \n> > > > > > (i) a marine farming development plan applies; and\n> > > > > \n> > > > > > (ii) one or more marine farming leases, in relation to finfish farming, that are held by the applicant, relate; and\n> > > \n> > > > (b) the maximum biomass of finfish that may be contained, in the course of the conduct of finfish farming, in the areas of State waters to which the marine farming leases relate, has been, by a person, under the plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases under which the activity to which the application relates is to be conducted; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates; and\n> > > \n> > > > (c) the conduct by the applicant of the activity to which the application relates, in an area of State waters to which one or more of the marine farming leases under which the activity is to be conducted relate, is likely to cause the maximum biomass of finfish that are contained in those areas to exceed by more than 10% the maximum biomass of finfish referred to in [paragraph (b)](#GS8@Gs7@Hpb@EN) that has been, by a person, under the plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases under which the activity to which the application relates is to be conducted; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates.\n> \n> > (8)  For the purposes of [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) of the Act, the Director must not refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42I(3)](/view/html/inforce/2026-04-12/act-1994-044#GS42I@Gs3@EN) applies, for an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) less than 2 years before the application was made to the Director, there was approved by the Minister under the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031)  –\n> > > > \n> > > > > > (i) a marine farming development plan that applies to all or part of the area of State waters in which the activity is to be conducted under the licence; or\n> > > > > \n> > > > > > (ii) a marine farming development plan amendment to a marine farming development plan referred to in [subparagraph (i)](#GS9@Gs4@Hpa@Hqi@EN) ; and\n> > > \n> > > > (b) no other subregulation of this regulation applies in relation to the application.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Criteria for referral to Board, under section 42O(2) of Act, of certain applications","content":"### 9 Criteria for referral to Board, under section 42O(2) of Act, of certain applications\n\n> > (1)  In this regulation, a reference to the conduct by the applicant of an activity under a licence as varied in accordance with an application is a reference to the conduct of the activity under the licence in the area to which the licence will relate if the licence is varied in accordance with the application, whether or not the application is for a variation of the area to which the licence is to relate.\n> \n> > (2)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) there is likely to be a very high level of public interest in the application; or\n> > > \n> > > > (b) it is reasonably likely that an approval, in relation to the activity to be conducted by the applicant under the licence as varied in accordance with the application, will be required under the *Environment Protection and Biodiversity Conservation Act 1999* of the Commonwealth.\n> \n> > (3)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if the application –\n> > \n> > > > (a) is not an emergency application; and\n> > > \n> > > > (b) relates to an area of State waters in which no finfish have been kept, in the course of marine farming, by any person or, if finfish have been kept in that area of State waters in the 10-year period before the application is made, they have been kept under –\n> > > > \n> > > > > > (i) a permit, issued under [section 12](/view/html/inforce/2026-04-12/act-1995-031#GS12@EN) or [14](/view/html/inforce/2026-04-12/act-1995-031#GS14@EN) of the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) , in respect of all or part of the activity to which the application relates; or\n> > > > > \n> > > > > > (ii) an emergency order in relation to the lease area to which the application relates; or\n> > > > > \n> > > > > > (iii) an emergency plan in relation to the lease area to which the application relates.\n> \n> > (4)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) more than 2 years before the application was made to the Director, there was approved by the Minister under the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031)  –\n> > > > \n> > > > > > (i) a marine farming development plan that applies to all or part of the area of State waters in which the activity is to be conducted by the applicant under the licence as varied in accordance with the application; or\n> > > > > \n> > > > > > (ii) a marine farming development plan amendment to a marine farming development plan referred to in [subparagraph (i)](#GS9@Gs4@Hpa@Hqi@EN) ; and\n> > > \n> > > > (b) the Director considers that the information, in relation to the environmental impact of fish farming, that was provided to the Panel under that Act before the Panel determined whether to recommend to the Minister under [section 31](/view/html/inforce/2026-04-12/act-1995-031#GS31@EN) or [41](/view/html/inforce/2026-04-12/act-1995-031#GS41@EN) of the Act that a draft of the plan, or a draft amendment of the plan, referred to in [paragraph (a)](#GS9@Gs4@Hpa@EN) , be accepted by the Minister, did not adequately take into account the likely effects of an activity of the kind to be conducted under the licence, so as to make an environmental assessment by the Board of the application unnecessary.\n> \n> > (5)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) there is a marine farming development plan in relation to all or part of an area of State waters in which the activity is to be conducted by the applicant under the licence as varied in accordance with the application; and\n> > > \n> > > > (b) there has been specified by a person, under the marine farming development plan, a maximum rate of dissolved nitrogen that is permitted under the plan to be produced, or emitted, in the course of the conduct of finfish farming in the area of State waters to which the plan relates; and\n> > > \n> > > > (c) the conduct by the applicant of the activity under the licence as varied in accordance with the application is likely to cause the rate of dissolved nitrogen that is produced or emitted, in the course of the conduct, whether by the applicant or other persons, of finfish farming in the area of State waters to which the marine farming development plan relates, to exceed by more than 10% the maximum rate referred to in [paragraph (b)](#GS8@Gs4@Hpb@EN) .\n> \n> > (6)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) the activity is to be conducted by the applicant, under the licence as varied in accordance with the application, in an area of State waters to all or part of which –\n> > > > \n> > > > > > (i) a marine farming development plan applies; and\n> > > > > \n> > > > > > (ii) one or more marine farming leases in relation to finfish farming that are held by the applicant, relate; and\n> > > \n> > > > (b) a maximum rate of dissolved nitrogen that is permitted to be produced, or emitted, in the course of the conduct of finfish farming in the area of State waters to which one or more marine farming leases in relation to finfish farming that are held by the applicant, relate, has been, by a person, under the plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates; and\n> > > \n> > > > (c) the conduct by the applicant of the activity, under the licence as varied in accordance with the application, in an area of State waters to which one or more of the marine farming leases under which the activity is to be conducted relate, is likely to cause the rate of dissolved nitrogen that is produced or emitted to exceed by more than 10% the maximum rate, referred to in [paragraph (b)](#GS8@Gs5@Hpb@EN) , that has been, by a person, under the marine farming development plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates.\n> \n> > (7)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) there is a marine farming development plan in relation to an area of State waters in all or part of which the activity is to be conducted by the applicant under the licence as varied in accordance with the application; and\n> > > \n> > > > (b) there has been specified by a person, under the marine farming development plan, a maximum biomass of finfish that is permitted to be contained, in the area of State waters to which the plan relates, in the course of the conduct of finfish farming; and\n> > > \n> > > > (c) the conduct by the applicant of the activity under the licence as varied in accordance with the application is likely to cause the biomass of finfish, contained in the area of State waters to which the plan relates, to be more than 10% higher than the maximum biomass of finfish referred to in [paragraph (b)](#GS8@Gs6@Hpb@EN) .\n> \n> > (8)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) the activity is being conducted by the applicant under the licence in an area of State waters to all or part of which –\n> > > > \n> > > > > > (i) a marine farming development plan applies; and\n> > > > > \n> > > > > > (ii) one or more marine farming leases in relation to finfish farming that are held by the applicant, relate; and\n> > > \n> > > > (b) the maximum biomass of finfish that may be contained, in the course of the conduct of finfish farming in the area of State waters, has been, by a person, under the marine farming development plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates; and\n> > > \n> > > > (c) the conduct by the applicant of the activity, under the licence as varied in accordance with the application, in an area of State waters to which one or more of the marine farming leases under which the activity is to be conducted relates, is likely to cause the maximum biomass of finfish that are contained in the areas of State waters to which the leases relate to exceed by more than 10% the maximum biomass of finfish referred to in [paragraph (b)](#GS8@Gs7@Hpb@EN) that has been, by a person, under the plan, set in relation to –\n> > > > \n> > > > > > (i) those marine farming leases; or\n> > > > > \n> > > > > > (ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates.\n> \n> > (9)  For the purposes of [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) of the Act, the Director must not refer to the Board, for assessment under [section 27AA](/view/html/inforce/2026-04-12/act-1994-044#GS27AA@EN) of the Act, an application, to which [section 42O(2)](/view/html/inforce/2026-04-12/act-1994-044#GS42O@Gs2@EN) applies, for a variation of an environmental licence in relation to the activity of finfish farming, if –\n> > \n> > > > (a) less than 2 years before the application was made to the Director, there was approved by the Minister under the [Marine Farming Planning Act 1995](/view/html/inforce/2026-04-12/act-1995-031)  –\n> > > > \n> > > > > > (i) a marine farming development plan that applies to all or part of the area of State waters in which the activity is to be conducted by the applicant under the licence; or\n> > > > > \n> > > > > > (ii) a marine farming development plan amendment to a marine farming development plan referred to in [subparagraph (i)](#GS9@Gs4@Hpa@Hqi@EN) ; and\n> > > \n> > > > (b) no other subregulation of this regulation applies in relation to the application*.*","sortOrder":8},{"sectionNumber":"SCHEDULE 1 - Infringement Offe","sectionType":"part","heading":"SCHEDULE 1 - Infringement Offences and Penalties","content":"# SCHEDULE 1 - Infringement Offe SCHEDULE 1 - Infringement Offences and Penalties\n\n[Regulation 7](#GS7@EN)\n\n| Column 1 | Column 2 | Column 3 |\n| Section of Act | Penalty – individual (penalty units) | Penalty – body corporate (penalty units) |\n| Section 42C(1) | 50 | 100 |\n| section 42C(4) | 50 | 100 |\n| section 42C(8) | 50 | 100 |\n| section 42C(9) | 10 | 20 |\n| Section 42ZA(4) | 10 | 20 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 17 April 2019\n\nThese regulations are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the scope has changed from its original intent. The regulation has been in force since 17 April 2019 with no amending instruments clearly identified in the provided text. The regulation appears to remain focused on its original purpose of governing environmental licence administration in Tasmania."},"complexity_factors":["Operates as subordinate legislation (regulations) under a parent Act, requiring understanding of both instruments together","Environmental licensing frameworks typically involve technical definitions of regulated activities and pollutants","Likely contains fee schedules that may change independently","Intersects with broader state and federal environmental law frameworks","Limited substantive text was provided — only metadata and status information — making full analysis impossible and increasing interpretive uncertainty","Licensing conditions can be highly activity-specific, creating complexity for different industry sectors"],"plain_english_summary":"These regulations implement the Environmental Management and Pollution Control Act by setting out how environmental licences are granted, managed and enforced in Tasmania. They affect businesses and operators whose activities could harm the environment, and EPA Tasmania as regulator.\n\nThey matter because many industries must hold and comply with these licences to operate lawfully; the rules define the processes, costs and compliance framework that determine legal permission and penalties for breaches."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These regulations primarily operationalise and detail the Act’s licensing, referral and enforcement mechanisms rather than expanding the range of regulated activities. They prescribe definitions, referral criteria to the Board, timing for renewals, and fixed penalty amounts (notably the nitrogen tonne‑based special penalty) (see regs 3, 4, 5, 6, 7, 8 and 9 and Schedule 1). The effect is to specify how and when the Act applies, the Director’s referral duties and the monetary consequences for breaches, without altering which activities fall within the Act’s coverage."},"complexity_factors":["Heavy cross‑referencing to multiple other Acts and instruments (definitions and triggers reference the Environmental Management and Pollution Control Act 1994, Marine Farming Planning Act 1995, Living Marine Resources Management Act 1995 and the Commonwealth EPBC Act) (see regs 3, 4, 8(1)(b), 9(2)).","Multiple layered conditional referral tests with numeric thresholds and timing rules (10% exceedance tests; 10‑year and 2‑year plan windows) that require cumulative impact assessment across time and leases (see regs 3(2), 8(4)–(7), 8(2)–(3), 8(6)–(7), 8(8), and parallel provisions in reg 9).","Director discretion combined with mandatory referral duties: some referrals are mandatory where specific criteria are met, while other decisions turn on the Director’s satisfaction about urgency or adequacy of prior panel information (see regs 4, 8(1), 8(3), 8(5), 9(2), 9(4)).","Prescribed monetary penalties with formulaic calculation (special penalty of 1,000 penalty units per tonne of dissolved nitrogen, calculated pro rata for fractions) create high financial exposure tied to measured emissions (reg 5).","Separate infringement notice regime with different penalty scales for individuals and corporate bodies set out in Schedule 1 and invoked by reg 7, creating differential cost incentives and enforcement paths.","Interplay between licence variations and existing marine farming development plans, permits and leases requires applicants to aggregate impacts across leases and historical activities (see regs 8(5)–(7), 9(5)–(7)), increasing assessment and recordkeeping burdens.","Several procedural timelines and thresholds to monitor (commencement on Gazette notice, 60‑day renewal application window) that impose administrative compliance requirements (regs 2, 6)."],"plain_english_summary":"These regulations set the detailed rules for environmental licences for finfish farming under the Act: definitions, what counts as an emergency application, when licence renewals must be sought, when the Director must refer applications to the Board, and prescribed infringement penalties (including a per‑tonne nitrogen fine). They affect finfish farmers, leaseholders and licence applicants by fixing time limits, referral triggers and monetary penalties, creating clear compliance obligations and enforcement costs for applicants and operators."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose: operationalising the environmental licensing regime for finfish farming under the parent Act. The scope is appropriately limited to procedural matters (referral criteria, penalties, timing) and does not appear to have expanded beyond the original intent of supporting the Environmental Management and Pollution Control Act 1994."},"complexity_factors":["Heavy cross-referencing to three other Acts: Environmental Management and Pollution Control Act 1994, Marine Farming Planning Act 1995, and Living Marine Resources Management Act 1995","8 subregulations in regulation 8 and 9 subregulations in regulation 9, each with nested conditions and multiple paragraphs/subparagraphs","Complex conditional logic with multiple 'if' conditions combined with 'and/or' operators (e.g., regulation 8(2)(c) has a double negative exception: 'unless (i)... and (ii)...')","Defined terms in section 3 that themselves reference other legislation (5 of the 8 defined terms point to the Marine Farming Planning Act 1995)","Temporal calculations required (10-year lookback periods, 2-year cutoffs, 60-day renewal windows)","Percentage-based thresholds (10% exceedance rules for nitrogen and biomass) that require mathematical comparison against plan limits","Regulation 9(1) contains a definitional override that changes how 'conduct of activity' is interpreted for variation applications","Mirror structure between regulations 8 and 9 (new licences vs variations) creating duplication but with subtle differences in wording"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how environmental licences work for **finfish farming** (fish farming in marine waters) in Tasmania. They sit underneath the main *Environmental Management and Pollution Control Act 1994* and fill in the practical details that the Act doesn't cover.\n\n**Key things the regulations do:**\n\n- **Define \"emergency applications\"** – special fast-track applications for fish farming licences when there's an urgent need (for example, if a permit is about to expire or there's an emergency order in place)\n\n- **Set penalties for pollution breaches** – if a fish farm releases too much dissolved nitrogen (a pollutant from fish waste and uneaten feed), they can be fined **1,000 penalty units per tonne** over the allowed limit\n\n- **Set the renewal deadline** – fish farmers must apply to renew their licence **60 days** before it expires\n\n- **List infringement offences** – minor offences that can be dealt with by on-the-spot fines rather than going to court (Schedule 1 shows these range from 10 to 100 penalty units depending on the offence and whether it's an individual or company)\n\n- **Set the rules for when applications must go to the Board** – normally the Director decides on licence applications, but these regulations require the Director to send certain fish farming applications to the **Environmental Management and Pollution Control Board** for full environmental assessment. This happens when:\n  - There's high public interest\n  - Federal environmental approval might be needed\n  - There's no marine farming plan in place for the area\n  - The farm would push nitrogen levels or fish biomass more than 10% over the limits set in the local marine farming plan\n  - The area hasn't had fish farming for 10 years (\"greenfield\" sites)\n  - The marine farming plan is more than 2 years old and didn't properly consider the environmental impacts\n\n**Who it affects:**\n\n- **Fish farming companies** – they need to know when their applications get escalated to the Board and what pollution limits apply\n- **The Director of Environmental Management** – must follow these rules when deciding whether to refer applications\n- **The Board** – gets the tricky applications for full assessment\n- **Local communities** – benefit from the public interest test and extra scrutiny of high-impact farms\n\n**Why it matters:**\n\nFish farming can seriously damage marine environments through nutrient pollution (nitrogen) and high fish densities. These regulations create a **two-tier system**: routine applications get processed quickly, but higher-risk ones get proper environmental scrutiny. The 10% buffer rule for nitrogen and biomass means farms can't slowly creep up their environmental impact without triggering a full assessment."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-management-and-pollution-control-environmental-licences-regulations-2019","history":"/api/acts/environmental-management-and-pollution-control-environmental-licences-regulations-2019/history","analysis":"/api/acts/environmental-management-and-pollution-control-environmental-licences-regulations-2019/analysis","conflicts":"/api/acts/environmental-management-and-pollution-control-environmental-licences-regulations-2019/conflicts","importantCases":"/api/acts/environmental-management-and-pollution-control-environmental-licences-regulations-2019/important-cases","documents":"/api/acts/environmental-management-and-pollution-control-environmental-licences-regulations-2019/documents"}}