Aquaculture Regulations 2016 (South Australia)

The Aquaculture Regulations 2016 (SA) set out detailed operational, reporting, and compliance rules that implement the Aquaculture Act 2001 for licensed aquaculture and, since December 2023, aquaculture tourism activities. The instrument translates high‑level statutory obligations into prescriptive duties on licensees and operators, allocates enforcement and administrative powers to the Minister and authorised persons, prescribes fees and the treatment of recovered penalties and fees, and establishes administrative procedures for licence and lease division and amalgamation.

Mechanically, the Regulations:

Define core terms (regulation 3) used throughout the Act and Regulations, and fix technical thresholds such as what constitutes an unusually high mortality rate (regulation 3(2));
Create offences and expiation regimes with specified maximum penalties and expiation fees for breaches of particular regulatory duties (for example, use of chemical substances, stock register, reporting obligations; see regulations 4, 10, 11, 12, 13, 15, 16 and many others);
Require a licensee to maintain a stock register, make periodic returns and annual environmental reports, and comply with Ministerial notices for detailed environmental sampling and reporting (regs 15, 16, 22, 23, 29, 30);
Require conformity with either sector‑based aquaculture strategies or individual aquaculture strategies that specify practices for disease avoidance, escapes, seabird and large marine vertebrate interactions, farming‑structure maintenance, monitoring, and response plans (regs 18-21);
Prescribe immediate incident notification timeframes and subsequent written notice requirements for unusually high mortality (reg 13), escapes or damage that may lead to escape (reg 26), and entanglement or confinement of protected animals (regs 27, 31F);

South Australia Aquaculture Regulations 2016 under the Aquaculture Act 2001

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Approvals by Minister Part 2—General provisions supporting Act 4B Meaning of variation of licence conditions 5 Procedures for making aquaculture policies 6 Certain amendments may be made by Gazette notice only 7 Reference of matters to EPA 8 Aquaculture Fund 9 Fisheries officers and their powers Part 3—Regulation of licensed activities Division 1—General requirements 10 Use of chemical substances 11 Aquaculture waste 12 Recovery of aquaculture equipment or waste blown, washed or swept off-site 13 Notification of unusually high mortality rate and duty to isolate unaffected organisms 14 Control of aquatic organisms affected with disease 15 Stock register 16 Periodic returns Division 2—Additional requirements relating to aquaculture in State waters Subdivision 1—Application of Division 17 Application of Division Subdivision 2—Aquaculture strategies 18 Aquaculture strategies 19 Sector-based aquaculture strategies 20 Individual aquaculture strategies 21 Aquaculture strategies may be subject to urgent amendment without prior notice or consultation Subdivision 3—Environmental reporting 22 Annual reporting on general environmental matters 23 Periodic reporting on aquatic environment Subdivision 4—Miscellaneous 24 Marking‑off lease areas 24A Navigational markers 25 Farming structures 26 Notification of escape of stock or damage that may lead to escape of stock 27 Notification of entanglement or confinement of protected animals Division 3—Additional requirements relating to aquaculture not in State waters 28 Application of Division 29 Annual reporting on general environmental matters 30 Periodic reporting on aquatic environment Division 4—Exemptions from environmental reporting requirements 31 Exemptions from environmental reporting requirements Part 3A—Regulation of aquaculture tourism development activities 31A Aquaculture tourism waste 31B Recovery of aquaculture tourism equipment or waste blown, washed or swept off-site 31C Stock register 31D Control of aquatic organisms affected with disease 31E Notification of unusually high mortality rate and duty to isolate unaffected organisms 31F Notification of entanglement or confinement of protected animals 31G Mitigation of impacts on and interactions with seabirds and large marine vertebrates 31H Power to require or carry out work Part 4—Division and amalgamation of lease areas and licence areas 32 Division of production lease area 33 Amalgamation of production lease areas 34 Division of licence area 35 Amalgamation of licence areas 36 Minister may require further information Part 5—Miscellaneous 37 Classification of licences as category A, B, C or D and classification of variations of licence conditions as simple, standard or complex 38 Fee payable on grant of aquaculture licence 39 Annual fees for licences 41 Waiver or refund of fees 42 Recovery of fees etc 43 Defects in applications 44 Exemption from requirement for licence under section 17 of Act 45 Exemption from requirement for ATAB to assess certain applications under section 36 of Act Schedule 2—Revocation and transitional provisions Part 1—Revocation of Aquaculture Regulations 2005 1 Revocation of Aquaculture Regulations 2005 Part 2—Transitional provisions 2 Interpretation 3 Use of chemical substances 4 Aquaculture strategies 5 Farming structures 6 Amalgamation of production lease areas 7 Classifications of licences and variations of licences to continue 8 Preserved provisions to continue for licences pending classification Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Aquaculture Regulations 2016. 3—Interpretation (1) In these regulations, unless the contrary intention appears— accredited 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; Act means the Aquaculture Act 2001; aquaculture strategy means a sector‑based aquaculture strategy or an individual aquaculture strategy; aquaculture tourism development has the same meaning as in Part 7A of the Act; aquaculture tourism development authorisation has the same meaning as in Part 7A of the Act; aquaculture tourism site means the site of aquaculture tourism development as specified under the aquaculture tourism development authorisation for the development; aquaculture waste means waste generated in the course of carrying on aquaculture, but does not include waste created by living aquatic organisms; building work has the same meaning as in Part 7A of the Act; category A licence, category B licence, category C licence or category D licence—see regulation 37; commercial tourism activity has the same meaning as in Part 7A of the Act; disease includes any bacterium, virus, parasite, insect or other organism or agent capable of causing disease in animals or humans; individual aquaculture strategy—see regulation 20; large marine vertebrates means sharks, seals, sea lions, turtles, dolphins and whales; lease area means the area of a lease described on the public register under section 80 of the Act; licence area means the area of a licence described on the public register under section 80 of the Act; licensee means the holder of an aquaculture licence; Minister's website means a website determined by the Minister; prescribed wild caught tuna means members of the genera Allothunnus, Auxis, Euthunnus, Katsuwonus, and Thunnus that have been taken from the wild; reporting day, in relation to a licence, means— (a) in the case of a licence that authorises the farming of aquatic organisms that require regular feeding—31 January; or (b) in any other case— (i) the day approved as the reporting day by the Minister by condition of the licence or by notice in writing to the licensee; or (ii) if no such day has been approved—31 August; reporting year, in relation to a licence, means— (a) if the licence authorises the farming of aquatic organisms that require regular feeding—a period of 12 months commencing on 1 December; or (b) in any other case—a period of 12 months commencing on 1 July; sea cage means a floating farming structure used for aquaculture comprised of or incorporating a net; sector-based aquaculture strategy—see regulation 19; tourism lease has the same meaning as in Part 7A of the Act; tourism licence has the same meaning as in Part 7A of the Act; zone means an aquaculture zone or an aquaculture exclusion zone. (2) The 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— (a) in 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 (b) in 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). (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice published in the Gazette under subregulation (2)(a). 4—Approvals by Minister (1) An approval given by the Minister under these regulations to a person may be subject to conditions. (2) A person must comply with the conditions of an approval given to the person by the Minister under these regulations. Maximum penalty: $10 000. Expiation fee: $1 000. Part 2—General provisions supporting Act 4B—Meaning of variation of licence conditions For 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: (a) the division of a licence area into separate licence areas in accordance with regulation 34; (b) the amalgamation of licence areas into a single licence area in accordance with regulation 35. 5—Procedures for making aquaculture policies (1) For the purposes of section 12(4)(a) of the Act, the following bodies are prescribed: (a) Conservation Council of South Australia Incorporated; (b) Local Government Association of South Australia; (c) South Australian Recreational Fishing Advisory Council Incorporated (RecFish SA); (e) South Australian Native Title Services Ltd; (f) Seafood Industry South Australia Incorporated; (g) if the aquaculture policy is expressed to apply only in relation to 1 or more zones or areas— (i) any 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 (ii) any 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 (iia) any person holding a tourism lease or tourism licence over an area to which the policy applies; and (iii) any 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 (iv) a 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; (h) if 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); (i) a person or body that, in the opinion of the Minister, promotes tourism within South Australia. (2) The 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. 6—Certain amendments may be made by Gazette notice only For 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— (a) if of the opinion that there is ambiguity as to the boundary of an aquaculture zone or aquaculture exclusion zone, to remove the ambiguity; or (b) to 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. 7—Reference of matters to EPA For the purposes of section 59(3) of the Act, the prescribed period is 30 business days. 8—Aquaculture Fund For the purposes of section 79(3) of the Act— (a) the prescribed percentage of fees (other than expiation fees) paid under the Act is 100%; and (b) the prescribed percentage of penalties recovered in respect of offences against the Act is 100%. 9—Fisheries officers and their powers For 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: (a) the premises are used by a licensee for activities authorised by the licence; or Part 3—Regulation of licensed activities Division 1—General requirements 10—Use of chemical substances (1) Subject 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— (a) in 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— (i) the instructions on the approved label for the product within the meaning of that Act; or (ii) a permit within the meaning of that Act; or (iii) the written approval of the Minister after consultation with the Environment Protection Authority; or (b) in any other case—the substance is used in accordance with the written approval of the Minister after consultation with the Environment Protection Authority. Maximum penalty: $10 000. Expiation fee: $1 000. (2) The 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— (a) a 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 (b) the licensee has obtained the Minister's prior approval for the use of the substance in those circumstances. (3) In this regulation— veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Practice Act 2003. 11—Aquaculture waste A licensee must ensure that— (a) aquaculture waste does not cause an unsightly or offensive condition at the licence area; and (b) aquaculture waste is secured or treated in a manner designed to prevent it being blown, washed or swept off the licence area. Maximum penalty: $5 000. Expiation fee: $500. 12—Recovery of aquaculture equipment or waste blown, washed or swept off-site (1) A 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. Maximum penalty: $5 000. Expiation fee: $500. (2) A 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. Maximum penalty: $5 000. Expiation fee: $500. 13—Notification of unusually high mortality rate and duty to isolate unaffected organisms (1) If 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: (a) the 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; (b) the licensee must, as soon as practicable after making the telephone call— (i) take all reasonable measures to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected; and (ii) give the Minister notice in writing of the prescribed details. Maximum penalty: $10 000. Expiation fee: In the case of an offence against paragraph (a) or (b)(ii)—$1 000. (2) In this regulation— prescribed details, in relation to the mortality rate of aquatic organisms farmed under a licence, means— (a) the licence number; (b) the name of the species of aquatic organisms; (c) the number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died; (d) details of any clinical signs observable in the organisms prior to death; (e) the number or biomass (or an estimate of the number or biomass) of aquatic organisms that show similar clinical signs but have not died; (f) any known or suspected cause of death; (g) details of the measures taken to control or eradicate the disease; (h) details of all measures taken to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected; (i) details of any other circumstances known or suspected to be contributing factors such as extreme weather conditions, power failures, poor water quality or water temperature. (3) For 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. 14—Control of aquatic organisms affected with disease (1) If 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. Maximum penalty: $10 000. (2) If 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— (a) it is removed for testing for disease; or (b) it is removed for disposal (other than disposal by sale or supply to another person); or (c) it is removed in accordance with the written approval of the Minister obtained by the licensee. Maximum penalty: $10 000. (3) For 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. 15—Stock register (1) A licensee must maintain a stock register in accordance with this regulation. Maximum penalty: $5 000. Expiation fee: $500. (2) The stock register must contain (in a clear and legible form)— (a) the following information in respect of aquatic organisms supplied to the licensee: (i) the date on which the aquatic organisms were received by the licensee; (ii) the name and address of the person who supplied the aquatic organisms; (iii) the species of aquatic organisms; (iv) the number or biomass of aquatic organisms received; (v) the age or developmental stage of the aquatic organisms when received; (vi) details identifying the place at which the aquatic organisms were last reared before supply or the place at which the aquatic organisms were collected; and (b) the following information in respect of aquatic organisms collected by the licensee: (i) details identifying the authority within the meaning of the Fisheries Management Act 2007 under which the aquatic organisms were collected; (ii) the date the aquatic organisms were collected; (iii) details identifying the place at which the aquatic organisms were collected; (iv) the species of aquatic organisms; (v) the number or biomass of aquatic organisms collected; and (c) the 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): (i) the date of the movement of the aquatic organisms; (ii) the name and address of the licensee receiving the aquatic organisms; (iii) the species and the number or biomass of the aquatic organisms; and (d) the 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)): (i) the date on which the aquatic organisms were supplied; (ii) the name and address of the person to whom the aquatic organisms were supplied; (iii) the species and the number or biomass of the aquatic organisms; and (e) the following information in respect of aquatic organisms that have died in the course of aquaculture carried on by the licensee: (i) the species of aquatic organisms; (ii) the date (or an estimate of the date) the aquatic organisms died; (iii) the number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died; (iv) the age or developmental stage of the aquatic organisms at death; (v) the date on which the aquatic organisms were last checked; (vi) a description of how and where the aquatic organisms were disposed of; and (f) details of treatment administered for therapeutic or prophylactic purposes to aquatic organisms kept under the licence including— (i) the reasons for the treatment; and (ii) the dates on which the treatment was administered; and (iii) the name (including trade or patent name) of each substance used as part of the treatment and the dosages or amounts administered; and (iv) information that identifies the aquatic organisms that received treatment by reference to tank or cage number or by other means. (3) A 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. (4) However, 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. (5) A record entered in the stock register must be retained for 5 years from the date on which it was entered. (6) A 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. 16—Periodic returns A 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. Maximum penalty: $5 000. Expiation fee: $500. Division 2—Additional requirements relating to aquaculture in State waters Subdivision 1—Application of Division 17—Application of Division This 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. Subdivision 2—Aquaculture strategies 18—Aquaculture strategies (1) A 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. Maximum penalty: $10 000. (2) An aquaculture strategy— (a) must specify the licensee, or class of licensee (by reference to a particular industry sector), to which the strategy applies; and (b) must 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: (i) a strategy for maintaining farming structures and other aquaculture equipment; (ii) a strategy for avoiding or minimising disease of aquaculture stock; (iia) a strategy for avoiding or minimising the escape of aquaculture stock; (iib) a strategy for avoiding or minimising adverse impacts on, or adverse interactions with, seabirds and large marine vertebrates; (iii) a response plan for dealing with the escape of aquaculture stock; (iiia) a response plan for dealing with adverse impacts on, or adverse interactions with, seabirds and large marine vertebrates; (iv) a strategy for dealing with dead aquaculture stock in or around farming structures or elsewhere in the licence area; (v) a strategy for inspections or monitoring by the licensee of the licence area; (vi) a strategy for dealing with any other matter considered appropriate by the Minister; and (d) may include any other matter considered appropriate by the Minister. 19—Sector-based aquaculture strategies (1) The Minister may publish, on the Minister's website, an aquaculture strategy that applies to a particular class of licensee (a sector‑based aquaculture strategy). (2) If 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. (3) Subject to regulation 21, a sector‑based aquaculture strategy may be amended— (a) following consultation with the relevant industry sector and any public authority likely to be affected by the strategy; and (b) by publishing the amendment on the Minister's website. (4) An 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. 20—Individual aquaculture strategies (1) If 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). (2) Subject 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). (3) If a licensee fails to resubmit a strategy as required, the licensee is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $500. (4) Before 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). 21—Aquaculture strategies may be subject to urgent amendment without prior notice or consultation (1) If 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— (a) must discontinue, or not commence— (i) specified farming practices or other specified conduct; or (ii) the use of specified aquaculture equipment; or (b) must take specified action in a specified manner, in the course of aquaculture carried on under the licence. (2) A declaration under subregulation (1)— (a) takes effect on its publication on the Minister's website or at such later date as may be specified in the declaration; and (b) remains in place according to its terms for a specified period not exceeding 12 months; and (c) while in place, is taken to be adopted by, and form part of an aquaculture strategy of, each licensee to whom the declaration applies. (3) In this regulation— conduct includes a failure to act. Subdivision 3—Environmental reporting 22—Annual reporting on general environmental matters A licensee must, on or before the reporting day in each year, furnish a report to the Minister— (a) containing 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: (i) the location of farming structures in the licence area (in the form required by the Minister); (ii) the number, dimensions or spacing of farming structures in the licence area; (iii) details about farming practices carried on by the licensee, for example— (A) the amount and type of any supplemental feed used in the licence area; or (B) the amount and type of chemical substances used in the licence area; or (C) the dates on which the chemical substances were used; or (D) in the case of aquatic organisms requiring regular feeding—an estimate of the number and biomass of such organisms in the licence area; or (E) the scale or intensity of farming in the licence area; (iv) if the author of the report is not the licensee—the author's name and address; (v) any other details required by the Minister and specified in the notice; and (b) accompanied by a copy of the most recent report (if any) on the aquatic environment prepared by the licensee under regulation 23. Maximum penalty: $7 500. Expiation fee: $750. 23—Periodic reporting on aquatic environment (1) The 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. (2) A notice under this regulation may require the licensee— (a) to collect evidence of the condition of the aquatic environment, by— (i) taking, 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 (ii) taking 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 (iii) taking any other specified samples or measures; and (b) to 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). (3) A licensee must comply with a notice given to the licensee under subregulation (1). Maximum penalty: $7 500. Expiation fee: $750. Subdivision 4—Miscellaneous 24—Marking‑off lease areas The holder of an aquaculture lease must ensure that— (a) the 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 (b) the 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. Maximum penalty: $5 000. Expiation fee: $500. 24A—Navigational markers The holder of an aquaculture lease must ensure that— (a) navigational markers are installed in the manner required under the conditions of the lease; and (b) structures or equipment comprising the navigational markers are maintained in good working condition. Maximum penalty: $5 000. Expiation fee: $500. 25—Farming structures A licensee must comply with the following requirements: (a) each 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— (i) is at least 70 millimetres in height; and (ii) is clearly visible above the water line; (b) farming structures being used for aquaculture must— (i) except when being placed into position, moved or recovered— (A) be securely fixed or moored in place so as to remain wholly within the licence area; and (B) be anchored in a manner that minimises the impact on the benthos; and (ii) be maintained in good working condition; (c) equipment used to secure, anchor or mark the position of a farming structure must be located wholly within the licence area; (d) if 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; (e) stocked 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. Maximum penalty: $5 000. Expiation fee: $500. 26—Notification of escape of stock or damage that may lead to escape of stock (1) Subject 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: (a) the 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; (b) the 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; (c) the 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. Maximum penalty: $5 000. Expiation fee: In the case of an offence against paragraph (c)—$500. (2) A licensee is not required to comply with subregulation (1) if the licensee's aquaculture strategy specifies that this regulation does not apply. (3) In this regulation— prescribed details, in relation to the escape of stock or damage to a farming structure or other equipment, means the following: (a) the species of aquatic organisms involved; (b) the date (or estimated date) on which the escape or damage took place; (c) the number and biomass (or estimated number and biomass) of aquatic organisms that have escaped; (d) the age or developmental stage of the aquatic organisms at the time of their escape; (e) details of the circumstances in which the escape or damage took place; (f) any action taken to contain or prevent the escape of the stock or otherwise address the escape or damage and the outcome of that action. 27—Notification of entanglement or confinement of protected animals (1) Subject 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: (a) the 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; (b) the 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. Maximum penalty: $7 500. Expiation fee: In the case of an offence against paragraph (b)—$500. (2) A licensee is not required to comply with subregulation (1) if the licensee's aquaculture strategy specifies that this regulation does not apply. (3) In this regulation— prescribed details, in relation to the entanglement or confinement of an animal, means the following: (a) the species of animal; (b) the expected period of entanglement or confinement; (c) the condition of the animal (to the extent known or reasonably ascertainable); (d) details of the circumstances in which the entanglement took place; (e) any action taken to free the animal and the outcome of that action; protected animal means— (a) a protected animal within the meaning of the National Parks and Wildlife Act 1972; or (b) a white shark (Carcharodon carcharias). Division 3—Additional requirements relating to aquaculture not in State waters 28—Application of Division This 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. 29—Annual reporting on general environmental matters A licensee must, on or before the reporting day in each year, furnish a report to the Minister— (a) containing 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: (i) details about water discharged from farming structures, for example— (A) a description of where and how the water has been discharged (including details of bodies of water to which it has been discharged); or (B) a statement of whether the water has been treated before discharge and, if it has, a statement of how the water has been treated; or (C) for each month—the volume in litres of water discharged; (ii) details about farming practices carried on by the licensee, for example— (A) the amount and type of supplemental feed used in connection with each farming structure in the licence area; or (B) the amount and type of any chemical substances used in the licence area; or (C) the dates on which the chemical substances were used; (iii) if the author of the report is not the licensee—the author's name and address; (iv) any other details required by the Minister and specified in the notice; and (b) accompanied 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. Maximum penalty: $7 500. Expiation fee: $750. 30—Periodic reporting on aquatic environment (1) The 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. (2) A notice under this regulation may require the licensee— (a) to collect evidence of the condition of the aquatic environment by— (i) taking 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 (ii) taking any other specified samples or measures; and (b) to 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). (3) A licensee must comply with a notice given under subregulation (1). Maximum penalty: $7 500. Expiation fee: $750. Division 4—Exemptions from environmental reporting requirements 31—Exemptions from environmental reporting requirements (1) The 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— (a) that no aquaculture is to be carried on in that area during that period; or (b) that 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. (2) An 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. (3) An exemption under this regulation may be granted unconditionally or subject to conditions. (4) An exemption under this regulation must be in writing and must specify— (a) the regulation from which the licensee is to be exempted; and (b) the licence area to which the exemption relates; and (c) the conditions (if any) to which the exemption is subject. (5) The Minister must, in determining— (a) an application for an exemption under this regulation; or (b) what should be the conditions of such an exemption, take into account any relevant aquaculture policy and any other matters the Minister considers relevant. (6) The Minister may, by further notice in writing, vary or revoke an exemption under this regulation. (7) An 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. (8) A licensee must comply with the conditions of an exemption under this regulation. Maximum penalty: $5 000. Expiation fee: $500. Part 3A—Regulation of aquaculture tourism development activities 31A—Aquaculture tourism waste A person carrying on a commercial tourism activity at an aquaculture tourism site must ensure that waste generated in the course of the activity— (a) does not cause an unsightly or offensive condition at the site; and (b) is secured or treated in a manner designed to prevent it being blown, washed or swept off the site; and (c) is disposed of in a lawful manner. Maximum penalty: $5 000. Expiation fee: $500. 31B—Recovery of aquaculture tourism equipment or waste blown, washed or swept off-site A 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. Maximum penalty: $5 000. Expiation fee: $500. 31C—Stock register (1) A person (the operator) carrying on a commercial tourism activity at an aquaculture tourism site must maintain a stock register in accordance with this regulation. Maximum penalty: $5 000. Expiation fee: $500. (2) The stock register must contain (in a clear and legible form)— (a) the following information in respect of live aquatic organisms brought to the site for the purposes of the tourism activity: (i) details 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; (ii) the date on which the aquatic organisms were received or collected by the operator; (iii) the name and address of the person who supplied the aquatic organisms; (iv) the species and number or biomass of aquatic organisms; and (b) the 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): (i) the date of the movement of the aquatic organisms; (ii) the name and address of the person (if any) receiving the aquatic organisms; (iii) the species and the number or biomass of the aquatic organisms; and (c) the 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): (i) the species of the aquatic organisms; (ii) the date (or an estimate of the date) the aquatic organisms died; (iii) the number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died; (iv) the date on which the aquatic organisms were last checked; (v) a description of how and where the aquatic organisms were disposed of. (3) A 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. (4) However, 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. (5) A record entered in the stock register must be retained for 5 years from the date on which it was entered. (6) A 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. 31D—Control of aquatic organisms affected with disease (1) If 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. Maximum penalty: $10 000. (2) If 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— (a) it is removed for testing for disease; or (b) it is removed for disposal (other than disposal by sale or supply to another person); or (c) it is removed in accordance with the written approval of the Minister obtained by the person. Maximum penalty: $10 000. (3) For 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. 31E—Notification of unusually high mortality rate and duty to isolate unaffected organisms (1) If 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— (a) the 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 (b) the person must, as soon as practicable— (i) take all reasonable measures to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected; and (ii) give notice in writing of the prescribed details to the Minister. Maximum penalty: $10 000. Expiation fee: In the case of an offence against paragraph (a) or (b)(ii)—$1 000. (2) In this regulation— prescribed details, in relation to the mortality of aquatic organisms held on an aquaculture tourism development site, means— (a) the name of the species of aquatic organisms; (b) the number or biomass (or an estimate of the number or biomass) of aquatic organisms that have died; (c) details of any clinical signs observable in the organisms prior to death; (d) the number or biomass (or an estimate of the number or biomass) of aquatic organisms that show similar clinical signs but have not died; (e) any known or suspected cause of death; (f) details of the measures taken to control or eradicate the disease; (g) details of all measures taken to isolate aquatic organisms apparently affected from aquatic organisms not apparently affected; (h) details of any other circumstances known or suspected to be contributing factors such as extreme weather conditions, power failures, poor water quality or water temperature. (3) For 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. 31F—Notification of entanglement or confinement of protected animals (1) If 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— (a) immediately 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 (b) 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. Maximum penalty: $7 500. Expiation fee: In the case of an offence against paragraph (b)—$500. (2) In this regulation— prescribed details, in relation to the entanglement or confinement of an animal, means the following: (a) the species of animal; (b) the expected period of entanglement or confinement; (c) the condition of the animal (to the extent known or reasonably ascertainable); (d) details of the circumstances in which the entanglement took place; (e) any action taken to free the animal and the outcome of that action; protected animal means— (a) a protected animal within the meaning of the National Parks and Wildlife Act 1972; or (b) a white shark (Carcharadon carcharias). 31G—Mitigation of impacts on and interactions with seabirds and large marine vertebrates A 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. Maximum penalty: $5 000. Expiation fee: $500. 31H—Power to require or carry out work (1) If 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. (2) A person to whom a direction is given under subregulation (1) must comply with the direction within the time allowed in the notice. Maximum penalty: $10 000. (3) If 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. (4) Any 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. Part 4—Division and amalgamation of lease areas and licence areas 32—Division of production lease area (1) The Minister may, on application by the holder of a production lease for division of the lease area into separate production lease areas— (a) substitute the original lease with leases of the same kind over the separate lease areas; and (b) substitute the corresponding licences relating to the original lease with corresponding licences relating to the substituted leases. (2) The following rules apply to the substitution of leases and corresponding licences under this regulation: (a) there must be no change in the persons holding a lease or corresponding licence; (b) the terms of the substituted leases must be for the balance of the term of the original lease; (c) the lease areas of the substituted leases must together make up the lease area of the original lease; (d) the area in which a licensee is authorised to carry on aquaculture must not be altered; (e) the 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. (3) An application for division of a lease area into separate lease areas— (a) must be made to the Minister in the manner and form required by the Minister; and (b) must be accompanied by a plan delineating— (i) the lease area of the original lease; and (ii) the licence areas of the corresponding licences relating to the original lease; and (iii) the separate lease areas into which the original lease area is to be divided; and (iv) the licence areas of the corresponding licences that are to relate to the substituted leases over the separate lease areas; and (c) if 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 (d) must be accompanied by the prescribed fee. (4) While 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. 33—Amalgamation of production lease areas (1) The 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. (2) The following rules apply to the substitution of leases under this regulation: (a) the holder of each original lease must be the same person; (b) the substitution must not involve a change in the lessee; (c) the original leases must be of the same class; (d) the substitution must not involve a change in the class of lease; (e) the 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; (f) the lease areas of the original leases must be adjoining; (g) the lease area of the substituted lease must be the aggregate of the lease areas of the original leases; (h) the substituted lease area must not have more than 6 corners except in exceptional circumstances approved by the Minister; (i) the 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. (3) An application for amalgamation of lease areas— (a) must be made to the Minister in the manner and form required by the Minister; and (b) must be accompanied by a plan delineating— (i) the lease areas of the original leases; and (ii) the licence areas of the corresponding licences relating to the original leases; and (iii) the lease area to be substituted; and (iv) the licence areas of the corresponding licences that are to relate to the substituted lease; and (c) if 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 (d) must be accompanied by the prescribed fee. 34—Division of licence area (1) The 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. (2) The following rules apply to the substitution of licences under this regulation: (a) there must be no change in the persons holding a licence; (b) the terms of the substituted licences must be for the balance of the term of the original licence; (c) the licence areas of the substituted licences must together make up the licence area of the original licence; (d) the 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. (3) An application for division of a licence area into separate licence areas— (a) must be made to the Minister in the manner and form required by the Minister; and (b) must be accompanied by a plan delineating— (i) the licence area of the original licence; and (ii) the separate licence areas into which the original licence area is to be divided; and (c) if 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 (d) must be accompanied by the prescribed fee. 35—Amalgamation of licence areas (1) The 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. (2) The following rules apply to the substitution of licences under this regulation: (a) the holder of each original licence must be the same person; (b) the substitution must not involve a change in the licensee; (c) the original licences must be of the same class; (d) the substitution must not involve a change in the class of licence; (e) the term of the substituted licence must be— (i) in the case of a corresponding licence—co‑extensive with the term of the lease; or (ii) in any other case—for the aggregate of the balance of the terms of the original licences, divided by the number of original licences; (f) the licence area of the substituted licence must be the aggregate of the licence areas of the original licences; (g) the 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. (3) An application for amalgamation of licence areas into a single licence area— (a) must be made to the Minister in the manner and form required by the Minister; and (b) must be accompanied by a plan delineating— (i) the licence areas of the original licences; and (ii) the single licence area into which the original licence areas are to be amalgamated; and (c) if 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 (d) must be accompanied by the prescribed fee. 36—Minister may require further information An 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. Part 5—Miscellaneous 37—Classification of licences as category A, B, C or D and classification of variations of licence conditions as simple, standard or complex For the purposes of a prescribed fee relating to a licence— (a) a 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: (i) the scale and intensity of farming to be carried on under the licence; (ii) any discharge of water from the licence area and the treatment of that water prior to discharge; (iii) whether or not the species to be farmed are native to the locality of the licence area; (iv) the susceptibility of the species to be farmed to notifiable disease within the meaning of the Livestock Act 1997; (v) any other matters considered relevant by the Minister; and (b) the Minister may vary the classification of a licence by written notice to the licensee; and (c) the 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— (i) whether the variation involves any of the following: (A) a change in the species to be farmed; (B) an increase in the scale or intensity of farming; (C) a change in the type of farming structures or method used; (D) a change that will require reclassification of the licence as a category A, category B, category C or category D licence; and (ii) in addition, in the case of a corresponding licence, a consideration of the following: (A) whether the licence area is in an aquaculture zone (where risks affecting ecological sustainability have been more generally assessed); (B) whether the licence area has previously been farmed; (C) whether the licence area is being varied. 38—Fee payable on grant of aquaculture licence A 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— (a) the 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 (b) the proportion that the number of whole months between the grant of the licence and the next 30 June bears to 12 months. 39—Annual fees for licences (2) If 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. (3) The Minister may enter into an arrangement with the holder of an aquaculture licence for payment of an annual fee by quarterly instalments. (4) For the purposes of section 53(2) of the Act, the penalty for failure to pay an annual fee is— (a) if the annual fee is being paid in instalments—an amount equal to 10% of the unpaid balance of the instalment; or (b) in any other case—an amount equal to 10% of the fee. 41—Waiver or refund of fees (1) The 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. (2) The 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. 42—Recovery of fees etc A 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. 43—Defects in applications (1) The 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. (2) The 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— (a) to 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 (b) to 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). (3) If 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. 44—Exemption from requirement for licence under section 17 of Act Section 17 of the Act does not apply to aquaculture carried on through the South Australian Research and Development Institute. 45—Exemption from requirement for ATAB to assess certain applications under section 36 of Act The 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— (a) the class of aquaculture proposed to be carried on under the applications is the farming of prescribed wild caught tuna; and (b) the applicant already holds an aquaculture lease in that zone authorising the farming of prescribed wild caught tuna; and (c) the Minister considers it appropriate to do so in the circumstances. Schedule 2—Revocation and transitional provisions Part 1—Revocation of Aquaculture Regulations 2005 1—Revocation of Aquaculture Regulations 2005 The Aquaculture Regulations 2005 are revoked. Part 2—Transitional provisions 2—Interpretation In this Part— revoked regulations means the Aquaculture Regulations 2005 revoked under Part 1. 3—Use of chemical substances An 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. 4—Aquaculture strategies (1) Subject 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. (2) If, 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. 5—Farming structures An 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. 6—Amalgamation of production lease areas An 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. 7—Classifications of licences and variations of licences to continue A 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. 8—Preserved provisions to continue for licences pending classification If 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. Legislative history Notes • Please 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. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For 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. Legislation revoked by principal regulations The Aquaculture Regulations 2016 revoked the following: Aquaculture Regulations 2005 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2016 180 Gazette 7.7.2016 p2873 7.7.2016: r 2 2017 85 Gazette 14.6.2017 p2145 1.7.2017: r 2 2017 87 Gazette 22.6.2017 p2227 1.7.2017: r 2 2017 219 Gazette 8.8.2017 p3158 8.12.2017: r 2 2017 302 Gazette 7.11.2017 p4521 1.7.2018: r 2 2018 168 Gazette 21.6.2018 p2468 1.7.2018—immediately after 302/2017: r 2 2019 55 Gazette 23.5.2019 p1409 1.7.2019: r 2 2020 175 Gazette 4.6.2020 p3033 1.7.2020: r 2 2023 118 Gazette 30.11.2023 p4006 9.12.2023: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2017 r 3

r 3(1)

abalone deleted by 175/2020 r 4(1) 1.7.2020 aquaculture tourism development inserted by 118/2023 r 3(1) 9.12.2023 aquaculture tourism development authorisation inserted by 118/2023 r 3(1) 9.12.2023 aquaculture tourism site inserted by 118/2023 r 3(1) 9.12.2023 building work inserted by 118/2023 r 3(2) 9.12.2023 commercial tourism activity inserted by 118/2023 r 3(3) 9.12.2023 finfish deleted by 175/2020 r 4(2) 1.7.2020 GDA94 deleted by 118/2023 r 3(4) 9.12.2023 large marine vertebrates amended by 118/2023 r 3(5) 9.12.2023 tourism lease inserted by 118/2023 r 3(6) 9.12.2023 tourism licence inserted by 118/2023 r 3(6) 9.12.2023 WGS84 deleted by 118/2023 r 3(7) 9.12.2023 r 3(2) amended by 118/2023 r 3(8), (9) 9.12.2023 r 4

r 4(1) and (2) amended by 118/2023 r 4 9.12.2023 Pt 2

r 4B inserted by 87/2017 r 4 1.7.2017 r 5

r 5(1) r 5 amended and redesignated as r 5(1) by 118/2023 r 5(1), (3)—(7), (8) 9.12.2023

(d) deleted by 118/2023 r 5(2) 9.12.2023 r 5(2) inserted by 118/2023 r 5(8) 9.12.2023 r 6 substituted by 118/2023 r 6 9.12.2023 r 7 amended by 118/2023 r 7 9.12.2023 Pt 3

r 10

r 10(1) amended by 118/2023 r 8(1) 9.12.2023 r 10(3)

antifoulant deleted by 118/2023 r 8(2) 9.12.2023 r 15

r 15(1) amended by 118/2023 r 9 9.12.2023 r 18

r 18(2) amended by 118/2023 r 10(1), (2) 9.12.2023

(c) deleted by 118/2023 r 10(3) 9.12.2023 r 22 amended by 118/2023 r 11 9.12.2023 r 24 amended by 118/2023 r 12(1), (2) 9.12.2023 r 24A inserted by 118/2023 r 13 9.12.2023 r 31

r 31(2) varied by 175/2020 r 5 1.7.2020 Pt 3A inserted by 118/2023 r 14 9.12.2023 Pt 4

r 32

r 32(3) varied by 175/2020 r 6 1.7.2020 r 33

r 33(3) varied by 175/2020 r 7 1.7.2020 r 34

r 34(3) varied by 175/2020 r 8 1.7.2020 r 35

r 35(3) varied by 175/2020 r 9 1.7.2020 Pt 5

r 37 varied by 175/2020 r 10 1.7.2020 r 39

r 39(1) deleted by 175/2020 r 11(1) 1.7.2020 r 39(2) varied by 175/2020 r 11(2) 1.7.2020 r 39(4) substituted by 87/2017 r 5 1.7.2017 r 40 deleted by 175/2020 r 12 1.7.2020 r 41

r 41(1) varied by 175/2020 r 13(1) 1.7.2020 r 41(2) varied by 175/2020 r 13(2) 1.7.2020 r 43

r 43(2) substituted by 118/2023 r 15 9.12.2023 r 45 inserted by 219/2017 r 4 8.12.2017 Sch 1 substituted by 85/2017 r 4 1.7.2017

substituted by 302/2017 r 4 1.7.2018

substituted by 168/2018 r 4 1.7.2018

substituted by 55/2019 r 4 1.7.2019

deleted by 175/2020 r 14 1.7.2020 Historical versions 1.7.2017

8.12.2017

1.7.2018

1.7.2019

1.7.2020

1 Aquaculture Regulations 2016

South Australia Aquaculture Regulations 2016 under the Aquaculture Act 2001

The Regulations revolve around a small set of recurring legal and operational concepts that determine duties, monitoring and enforcement.

Licence/Lease architecture and areas (regulation 3 definitions; Parts 4 and 5). Licences and production leases define authorised activities and geographic extent (licence area; lease area). Division and amalgamation rules (regs 32-35) permit administrative reconfiguration of areas subject to plan, consent and fee requirements. The concept of a corresponding licence (referenced throughout) ties licence term and conditions to leases.
Aquaculture strategies (regs 18-21). An aquaculture strategy may be sector‑based (Minister publishes on website; reg 19) or an individual strategy approved by the Minister (reg 20). Strategies specify mandatory operational practices and response plans for disease, escapes, seabird and large marine vertebrate interactions, equipment maintenance, monitoring and other matters (reg 18(2)). A strategy, once in place, binds the licensee: non‑conformity is an offence (reg 18(1)).
Notification and incident response (regs 13, 26, 27, 31E, 31F). The Regulations use a two‑stage incident reporting model: immediate telephone notification (within tight windows in some cases) followed by a written notice within a stated period (eg telephone immediately and written notice within 2 days for entanglement , reg 27). Timeframes differ by event: escapes/damage require phone within 4 hours and written notice within 2 days (reg 26(1)(b)-(c)); unusually high mortality requires immediate telephone and written notice as soon as practicable (reg 13).
"Ought reasonably to know" knowledge standard. Several duties trigger when the person knows or ought reasonably to know of disease, escape, or other events (regs 13(1), 14(1)-(2), 31D(1)-(2), 31E(1)). This imports an objective standard of awareness rather than purely subjective knowledge.
Environmental monitoring and reporting (regs 22-23, 29-30). Licensees must provide annual "general environmental matters" reports on or before a reporting day (reg 22, 29). The Minister may require targeted periodic reports supported by evidence, including laboratory analyses using accredited laboratories as defined in regulation 3(1) (reg 23(2), 30(2)).
Enforcement, penalties, and expiation (multiple regs). Each offence carries a specified maximum penalty and many have an associated expiation fee. The Minister may require remedial action, and in some contexts the Minister may take the action and recover costs as a debt (eg regulation 31H(3) for tourism activity failures).
Fees, classification, and administrative discretion (regs 37-39, 41-42). The Minister classifies licences into fee categories A-D by reference to "reasonable assumptions" about administrative and enforcement effort (reg 37(a)). Fees on grant and annual fees are prescribed, with calculation rules (reg 38) and instalment and penalty provisions (reg 39). The Minister may waive or refund fees (reg 41).
Integration with other statutory regimes. The Regulations repeatedly reference other Acts and bodies for technical matters: veterinary chemical products (Agricultural and Veterinary Products (Control of Use) Act 2002, reg 10), accreditation (National Association of Testing Authorities, reg 3), marine jurisdiction (Harbors and Navigation Act 1993, reg 17), EPA referrals (reg 7), wildlife protection (National Parks and Wildlife Act 1972, protections referenced in regs 27, 31F), and livestock disease (Livestock Act 1997, reg 37(a)(iv)).
Aquaculture tourism (Part 3A, regs 31A-31H). This new Part imposes many parallel duties on persons engaging in commercial tourism activities at aquaculture tourism sites: waste control (31A), recovery of lost equipment (31B), stock registers (31C), disease control (31D), mortality and entanglement notifications (31E, 31F), measures to mitigate interactions with seabirds and large marine vertebrates (31G), and Ministerial power to direct works and recover costs (31H).
Ministerial primacy and discretionary relief. The Minister exercises many central functions: approvals (reg 4), emergency or urgent strategy declarations (reg 21), exemptions from reporting (reg 31), variations of classification (reg 37(b)), and refusal powers linked to applicant non‑compliance (reg 43). The Regulations therefore concentrate decision‑making and discretion at ministerial level while setting out prescriptive operational rules.

These main concepts determine who bears compliance costs, what documentation is required, the triggers for enforcement, and the pathways for administrative change (eg changing licence areas, altering permitted practices through strategy amendment).

The Regulations allocate obligations and consequences across several identifiable groups.

Licensees. The principal regulated actors are holders of aquaculture licences and holders of production leases. Licence holders must comply with aquaculture strategies (reg 18), maintain stock registers (reg 15), make periodic returns (reg 16), provide annual environmental reports (regs 22, 29), comply with Ministerial notices for targeted aquatic environmental reporting (regs 23, 30), operate and maintain farming structures within licence areas (reg 25), mark cages and lease boundaries (regs 24, 24A, 25), and comply with numerous notification obligations for mortality, escapes and entanglement (regs 13, 26, 27). Licensees also pay fees (regs 38-39) and may be required to produce records upon request (reg 15(6)).
Operators of commercial tourism activities at aquaculture tourism sites. Part 3A (regs 31A-31H) imposes parallel duties: waste control (31A), recovery of lost items (31B), stock registers for live organisms brought for tourism (31C), disease controls and notification (31D-31E), mitigation of interactions with seabirds and large marine vertebrates (31G), and potential directions by the Minister to take action and associated cost recovery/forfeiture (31H). These obligations apply to "a person carrying on a commercial tourism activity at an aquaculture tourism site" and therefore affect businesses augmenting aquaculture with tourism.
Applicants for licences and leases. Persons who apply for grants or variation of licences or leases are affected by application fee requirements (reg 38), potential preconditions such as proof of consent from persons recorded on the public register (regs 32(3)(c), 33(3)(c), 34(3)(c), 35(3)(c)), and the Minister's power to request further information (reg 36) or to refuse an application if requests are not complied with within 3 months (reg 43(3)). Applicants may also face assessment under ATAB except where an exemption applies (reg 45).
The Minister and delegated authorised persons. The Minister is the decision‑maker for approvals, strategy adoption and urgent declarations (regs 4, 19-21), classification for fees (reg 37), exemptions from reporting (reg 31), and the power to require or carry out work and recover costs for tourism activities (reg 31H). The Minister also designates the Minister's website for publication obligations (reg 3 definitions). Persons authorised in writing by the Minister can request recovery of waste/equipment and inspect or require production of records (regs 12(2), 15(6)).
Environment Protection Authority and other public bodies. The EPA is a consultation party for some approvals (reg 10) and has a specific timeframe for referral under s 59(3) of the Act (reg 7 prescribes 30 business days). The Regulations prescribe bodies to be consulted in making aquaculture policy (reg 5), including local government, environmental NGOs, industry bodies, native title representatives, regional landscape boards (Landscape South Australia Act 2019), and tourism promoters.
Other licence holders and coastal users. The rules about not locating stocked sea cages in places where stocked sea cages were located within the preceding 12 months without approval (reg 25(b)(ii)(A)) affect rotational stocking practices; marking and navigational marker requirements (regs 24A, 25(a)) affect marine navigation; escape and mortality notification obligations will involve information flows to regulators and potentially to adjacent users.

Who pays: licensees and applicants bear the direct compliance costs , fees (regs 38-39), monitoring and reporting costs (regs 22-23, 29-30 including accredited laboratory testing per reg 3), costs of maintaining and marking equipment (regs 24-25), and costs of recovery of lost equipment (regs 12, 31B). The Minister may also recover costs for work done under 31H(3) as a debt, and collected fees and recovered penalties are directed 100% to the Aquaculture Fund (reg 8).

Who decides: the Minister decides on approvals, classification, exemptions, urgent strategy amendments and enforcement directions (regs 4, 19-21, 31, 37, 31H). The Minister also prescribes bodies to be consulted on policy (reg 5) and can publish and amend sector strategies on the Minister's website (reg 19). The EPA is engaged for specified referrals (reg 7).

Behaviour changes expected: regulated entities must implement formal recordkeeping (stock registers with specified fields, reg 15), implement monitoring and environmental sampling where required, adopt or prepare aquaculture strategies, implement incident response capabilities to meet the time sensitivities of immediate notifications and written follow‑up, and maintain marking and navigational infrastructure. Tourism operators must add waste and animal welfare procedures, similar registers and incident reporting processes.

The Regulations specify numerous duties, and a limited set of rights or discretionary reliefs. The following is a synthesis organised by functional area and citing relevant provisions.

Recordkeeping and reporting duties

Stock register: licensees must maintain a stock register with detailed fields including supply and collection provenance, movements off‑site, deaths, and treatments administered (reg 15(2)). Records must be entered within 7 days, retained for 5 years and produced on request by persons authorised by the Minister (reg 15(3)-(6)). Tourism operators have parallel stock register duties (reg 31C).
Periodic returns: licensees must provide periodic returns on dates determined by the Minister containing information the Minister requires in the manner and form specified (reg 16).
Annual reporting: for licence areas in State waters, licensees must furnish an annual environmental and practice report on or before the reporting day, including location and number of farming structures, feed and chemical use, biomass estimates and a copy of the most recent aquatic environment report (reg 22). For non‑State waters licences, the annual report includes details about water discharge and treatment and must be accompanied by laboratory test results where required (reg 29).

Operational and biosecurity duties

Disease control: licensees must not use chemical substances for therapeutic or prophylactic purposes except in prescribed circumstances (reg 10). Veterinary chemical products must be used in accordance with approved labels, permits, or written Ministerial approval after EPA consultation (reg 10(1)(a)). Emergency use under veterinary prescription is permitted subject to prior Minister approval (reg 10(2)).
Pre‑introduction and removal restrictions: introduction of organisms suspected of disease requires prior written approval (reg 14(1)). Removal of organisms suspected of disease is restricted to testing, disposal (not sale), or with Ministerial approval (reg 14(2)).
Isolation and notification: unusually high mortality triggers immediate telephone notification and written notice plus isolation measures (reg 13). Similarly, escapes, damage, and entanglement have immediate and follow‑up notification obligations with specified timeframes (regs 26, 27).
Aquaculture strategies: licensees must comply with an adopted sector or approved individual strategy that specifies measures for maintaining structures, disease minimisation, escape avoidance, seabird and vertebrate interactions, responses and monitoring (reg 18).

Equipment, navigation and site maintenance duties

Marking and navigation: lessees must mark boundaries and maintain markers (reg 24). Navigational markers must be installed and maintained (reg 24A). Sea cages must be marked with the licence number or approved unique identifier in text at least 70 mm high and visible above the waterline (reg 25(a)).
Farming structures: must be securely fixed within the licence area, anchored to minimise benthic impacts, maintained in good working condition, and meet minimum sea floor clearance for floating culture units unless otherwise approved (reg 25(b)-(d)). Stocked cages cannot be placed where stocked cages have been within the preceding 12 months without Ministerial approval (reg 25(e)).

Environmental monitoring and sampling duties

Minister may require licensees to collect visual records or samples and analyse them in specified ways, including use of accredited laboratories capable of specified detection limits (reg 23(2), reg 30(2), definition of accredited laboratory in reg 3(1)).

Administrative and financial duties

Fees and classifications: applicants must pay a fee on grant calculated under reg 38; annual fees follow reg 39 with instalment and penalty rules. The Minister classifies licences for fee purposes and may vary classifications (reg 37, 38, 39). Failure to pay fees can attract penalties and is a ground to request outstanding amounts under reg 43(2) and to refuse an application if requests are not complied with within 3 months (reg 43(3)).
Exemptions: the Minister may exempt licensees from environmental reporting for up to 2 years if no aquaculture is to be carried on or scale is negligible; exemptions require application with fee and may be conditional (reg 31).

Ministerial rights and powers

Approvals: the Minister may give approvals subject to conditions and those conditions are enforceable (reg 4).
Publication and adoption of strategies: the Minister may publish sector strategies on the Minister's website and their publication is taken to constitute adoption by licensees in the affected class (reg 19).
Urgent strategy amendments: the Minister can impose urgent directives without consultation where action is necessary to avoid, remedy or mitigate environmental harm; such declarations take effect on publication and can last up to 12 months (reg 21).
Enforcement actions: the Minister can direct a person to carry out required action under Part 3A and, if not complied with, may arrange for the action and recover costs as a debt; property removed becomes Crown property (reg 31H).

Limited rights or reliefs for operators

Exemptions from reporting (reg 31) and fee waivers or refunds (reg 41) are available at the Minister's discretion.
Applicants may have pre‑existing Ministerial approvals carried over on commencement or continued by transitional provisions (Schedule 2, clauses 3-7).

Standards of culpability and proof

Several duties rely on an objective "ought reasonably to know" test (regs 13, 14, 31D, 31E).
Immediate telephone notices are required "immediately after becoming aware" (regs 13(1)(a), 26(1)(b), 27(1)(a), 31E(1)(a), 31F(1)(a)), and written notices within specified subsequent periods (regs 13(1)(b)(ii), 26(1)(c), 27(1)(b), 31E(1)(b)(ii), 31F(1)(b)).

Taken together, these duties create a compliance regime where operational controls, rapid incident response, robust recordkeeping and the capacity to produce environmental evidence on demand are central. Ministerial discretion provides avenues for exemptions, waivers and urgent regulatory responses, but places substantial administrative power in the Minister’s hands.

The Regulations specify a mix of criminal penalties (maximums) and expiation fees, and provide mechanisms for administrative enforcement and cost recovery.

Monetary penalties and expiations

Offence provisions typically specify a maximum penalty and a corresponding expiation fee. Examples include:
- Approval condition breach (reg 4(2)): maximum penalty $10,000; expiation $1,000.
- Use of chemical substances outside permitted circumstances (reg 10(1)): maximum penalty $10,000; expiation $1,000.
- Aquaculture waste causing unsightly/offensive condition or not secured (reg 11): maximum penalty $5,000; expiation $500.
- Failure to recover blown/washed equipment within 7 days (reg 12): maximum penalty $5,000; expiation $500.
- Failure to notify unusually high mortality and isolate unaffected stock (reg 13): maximum penalty $10,000; expiation $1,000 for phone/written notice offences.
- Failure to maintain stock register (reg 15): maximum penalty $5,000; expiation $500.
- Failure to comply with periodic returns (reg 16): maximum penalty $5,000; expiation $500.
- Non‑compliance with aquaculture strategies (reg 18(1)): maximum penalty $10,000.
- Failure to comply with periodic aquatic environment notices (reg 23): maximum penalty $7,500; expiation $750.
- Entanglement notification failures (reg 27): maximum penalty $7,500; written notice expiation $500.
- Tourism part: similar maximums exist in Part 3A (e.g., reg 31A max $5,000, reg 31E max $10,000; see full text for particulars).
Payment of expiation fees presumably allows for the matter to be finalised administratively (standard expiation mechanism), though the Regulations do not set out the procedural mechanics beyond the fee amounts.

Enforcement mechanisms and administrative remedies

Authorised persons: certain persons authorised in writing by the Minister can require removal of unrecovered waste or equipment and can inspect production records (regs 12(2), 15(6)).
Ministerial directions and remedial works: under Part 3A, the Minister can direct a person to take required action; failure to comply allows the Minister to cause the action to be taken and recover the cost as a debt (reg 31H(1)-(3)). Property removed in those circumstances is forfeited to the Crown (reg 31H(4)).
Cost recovery as a debt: the Minister can recover costs in court as a debt for fees and other amounts payable under the Act or Regulations (reg 42) and for works carried out under reg 31H(3).
Forfeiture and disposal: property removed by Ministerial action under reg 31H becomes Crown property and may be sold or disposed of as the Minister sees fit (reg 31H(4)).
Refusal of applications: if an applicant fails to remedy defects or provide information, including outstanding fees or reports, the Minister may refuse the application after a 3‑month non‑compliance period (reg 43).
Classification and fee variation: the Minister may vary a licence classification by written notice (reg 37(b)), with financial consequences.
Expiation and enforcement cost concentration: recovered penalties and fees are prescribed to be 100% payable into the Aquaculture Fund (reg 8(a)-(b)).

Procedural features affecting enforcement

Time‑sensitive notification windows. Enforcement of incident reporting (immediate phone and within 4 hours for certain escapes; written notice within 2 days or as soon as practicable) creates strict compliance windows that may be relied upon by regulators in assessing breaches (regs 13, 26, 27).
Objective standard of knowledge. Several offences apply where a licensee "knows, or ought reasonably to know" of disease or escapes (regs 13, 14, 31D, 31E). This allows enforcement action even where subjective ignorance is claimed, subject to proof that a reasonable person in the licensee's position would have known.
Ministerial discretion and published strategies. Where sector‑based strategies are published on the Minister's website, they are automatically adopted by licensees in that class (reg 19(3)-(4)). Non‑adherence can be prosecuted under the breach of strategy duty (reg 18(1)), giving the Minister a proactive tool to set enforceable operational standards by website publication.
Emergency/urgent amendment power. The Minister may impose urgent measures without consultation under reg 21(1) for up to 12 months, creating immediate compliance obligations that can be enforced.

Limits and procedural safeguards in the Regulations

Some procedural safeguards are visible: before requiring resubmission of an individual aquaculture strategy, the Minister must give written notice and allow at least 14 days for written submissions (reg 20(4)). Exemptions from reporting must be in writing, specify conditions and can be varied or revoked by further written notice (reg 31(3)-(7)). However, many ministerial powers (approvals, classifications, urgent declarations) are exercisable on the Minister's opinion and do not contain explicit statutory appeal or review rights in the Regulations themselves.

In summary, the Regulations deploy a mix of criminal fines, expiation options, administrative cost recovery, forfeiture and licence‑related remedies to enforce compliance. Enforcement is supported by objective knowledge tests, strict temporal reporting obligations and delegated inspection/removal powers, moderated in part by some procedural notice requirements for strategy resubmission and exemptions.

The Regulations do not stand alone. They operate within a statutory architecture that connects to a number of other Acts and authorities. The instrument itself names and relies upon several external legal regimes; those cross‑references define procedural interactions, technical standards and consultation paths.

Directly referenced statutes and instruments

Aquaculture Act 2001 (the Act). The Regulations are made under the Act and repeatedly implement statutory provisions (for example sections cited in the Contents). Many duties are framed as supporting or implementing specific Act provisions (see overall heading and reg cross‑references).
Agricultural and Veterinary Products (Control of Use) Act 2002. Regulation 10(1)(a) requires that registered veterinary chemical products be used in accordance with the approved label or a permit under that Act, or by written Ministerial approval after EPA consultation. Thus veterinary chemical use is governed by both the State regulation of agricultural chemical use and the aquaculture approvals process.
Fisheries Management Act 2007. Regulation 9 prescribes the reading of section 81(3)(a) of the Fisheries Management Act 2007 for the purposes of section 82(2) of the Aquaculture Act, specifically concerning the use of premises for licensee activities. Regulation 15(2)(b)(i) also refers to "the authority within the meaning of the Fisheries Management Act 2007" under which aquatic organisms were collected, so that collection provenance ties to fisheries authority permissions.
National Association of Testing Authorities (NATA) accreditation. The definition of "accredited laboratory" (reg 3(1)) requires NATA accreditation and minimum detection limits for oxidised nitrogen, ammonia, soluble phosphorus and total suspended solids, feeding into environmental monitoring obligations (regs 23, 30).
National Parks and Wildlife Act 1972. Protected animals are defined in regs 27 and 31F to include protected animals within that Act, so obligations on entanglement and confinement intersect with wildlife protection law.
Livestock Act 1997. Regulation 37(a)(iv) requires consideration of susceptibility of species to notifiable disease "within the meaning of the Livestock Act 1997" for licence classification, linking aquaculture licence classification to terrestrial livestock disease notification frameworks.
Harbors and Navigation Act 1993. Regulation 17 defines Division 2 application coverage by reference to State waters and adjacent land "within the meaning of the Harbors and Navigation Act 1993", so marine jurisdictional delineation for certain provisions is set by that Act.
Veterinary Practice Act 2003. Regulation 10(3) defines "veterinary surgeon" by reference to registration under this Act for the emergency use exceptions in reg 10(2).
Landscape South Australia Act 2019. Regulation 5(1)(g)(iii) prescribes regional landscape boards (as defined in that Act) as consultation bodies for aquaculture policy affecting certain zones.
The Environment Protection Authority (EPA). Regulation 10 requires consultation with the EPA before the Minister may approve use of non‑label veterinary chemicals; regulation 7 prescribes a 30 business day period for the EPA to be consulted in certain Act processes (s 59(3) of the Act). The EPA thus has a defined consultative role on some approvals and decision points.

Administrative and procedural intersections

ATAB (Aquaculture Trust Advisory Body) assessment exemptions. Regulation 45 gives the Minister power to determine that certain production lease and corresponding licence applications for farming prescribed wild caught tuna in an aquaculture zone are exempt from the application of section 36(1) and (2) of the Act (which relate to ATAB assessments), provided certain conditions are met. This creates an interlocking discretionary exemption that alters the standard Act process.
Fees and Aquaculture Fund. Regulation 8 prescribes that 100% of fees (other than expiation fees) and penalties recovered in respect of offences be credited to the Aquaculture Fund under the Act (s 79(3)). This ties revenue flows from Regulations to the Fund established by the Act.
Repeals and transitional continuity. Schedule 2 revokes the Aquaculture Regulations 2005 and preserves certain approvals and classifications continuing under the new Regulations (Schedule 2, clauses 3-8). Transitional provisions ensure pre‑existing approvals continue in certain circumstances and specify how former regulation approvals map into the new regime.
Navigation and maritime safety. Marking and navigational marker rules (regs 24, 24A, 25) will interact with harbor authorities and maritime navigation regimes under the Harbors and Navigation Act 1993; for example, markers must be installed "in the manner required under the conditions of the lease" which likely reflect harbour safety requirements.

Scope and limits of interaction

The Regulations do not themselves amend the external Acts; they prescribe duties that require operators to comply with those Acts where referenced (for example agricultural chemical label instructions, or veterinary surgeon registration).
The Minister’s consultative duties with the EPA and designated bodies (reg 5 and reg 10) are procedural; the EPA retains its statutory powers under its own Act but must be given the prescribed timeframe (reg 7).
Rights of third parties (for example native title representatives, local government) are given consultative status for policy making (reg 5). The Regulations do not create private causes of action for those bodies, but their involvement in policy processes is prescribed.

Overall, the Regulations are integrated into a broader statutory web. Compliance requires operators to understand not only the Regulations themselves, but also the technical and procedural obligations imposed by the referenced Acts and agencies, and to ensure interactions (eg laboratory accreditation, veterinary chemical permits, harbour rules) are satisfied.

The text contains its own legislative history, and the Regulations have been amended several times since their inception. The principal Regulations were made in 2016 and have been varied in subsequent years. The following sets out the recorded timeline and notable insertions or substitutions expressly recorded in the legislative history section of the instrument.

Principal enactment and commencement

The Aquaculture Regulations 2016 were made and commenced 7 July 2016 (Gazette 7.7.2016 p2873; see Legislative history list).

Subsequent variations and commencement dates

2017: Several variations in 2017 appear (Nos 85, 87, 219, 302) with different commencement dates, notably 1 July 2017 and 8 December 2017 and 1 July 2018 for particular items as listed. Regulation 4B (meaning of variation of licence conditions) was inserted by 87/2017, commencing 1 July 2017.
2018: Variation No 168 (Gazette 21.6.2018) commenced 1 July 2018 immediately after 302/2017 per the history.
2019: Variation No 55 commenced 1 July 2019.
2020: Variation No 175 was gazetted 4.6.2020 and commenced 1 July 2020. That variation deleted some earlier defined terms (for example "abalone", "finfish" deletions are recorded) and made other changes such as to Part 4 procedural provisions (see relevant entries).
2023: Variation No 118 (Gazette 30.11.2023 p4006) commenced 9 December 2023 and is notable for multiple insertions and amendments, including the insertion of definitions and an entire new Part 3A regulating aquaculture tourism development activities (regs 31A-31H), insertion of "tourism lease", "tourism licence", "aquaculture tourism development" and related definitions (reg 3 amendments), changes to aquaculture strategies and Ministerial procedures (regs 5, 6, 19-21 adjustments), and insertion of reg 24A (navigational markers). The legislative history matrix records detailed clause‑level amendments effected by 118/2023 and their commencement date of 9.12.2023.

Transitional provisions

Schedule 2 includes transitional provisions preserving approvals, strategies, and classifications in force under the revoked Aquaculture Regulations 2005 for specified purposes (Schedule 2 clauses 3-8). For example, prior Ministerial approvals for use of substances under the old regulation 10(1)(b) of the revoked regulations continue as approvals under reg 10(1)(b) of the new Regulations (Schedule 2 cl 3). Strategies approved under the revoked regulations may continue as individual aquaculture strategies under the 2016 Regulations (Schedule 2 cl 4), subject to the presence of sector‑based strategies.

Documented provision variations

The legislative history panel lists precise provisions varied across the series of instruments. Selected recorded changes include:
- r 3 definitions were amended multiple times, with additions (aquaculture tourism definitions) and deletions noted as part of 2020 and 2023 variations.
- r 10(1) was amended by 118/2023 r 8(1) and some items deleted (eg "antifoulant" deleted by 118/2023 r 8(2)).
- r 15(1) was amended by 118/2023 r 9 (regarding stock register compliance).
- r 18(2) was amended by 118/2023 r 10, which adjusted required strategy elements.
- Part 3A (regs 31A-31H) was inserted by 118/2023 r 14 (commenced 9.12.2023).
- Multiple rules for Part 4 division and amalgamation were varied by the 175/2020 instrument with effective date 1.7.2020 (regs 32-35 variations).
- Classification of licences for fee purposes was varied by 175/2020 r 10, again commencing 1.7.2020.
- Several transitional and historical versions are listed with snapshot dates: 1.7.2017, 8.12.2017, 1.7.2018, 1.7.2019, 1.7.2020 (Historical versions).

Practical takeaways from the amendment record

The 2023 amendment package is the most substantial recent change, introducing a standalone regulation Part (3A) for aquaculture tourism and revising definitions and strategy provisions; practitioners should treat Part 3A as a new compliance domain for tourism operators as of 9.12.2023 (see legislative history entries for r 3, r 5, r 6, r 8-13 and insertion of Pt 3A).
The 2020 amendments (No 175) effected deletions and reclassifications and altered Part 4 lease/ licence rules and the classification system for fees (reg 37) , these changes may have altered fee exposure and administrative processes for amalgamation/ division that took effect on 1.7.2020.
Transitional provisions preserve certain past approvals and classifications to avoid sudden legal disruption, but the Regulations require formal adoption or reclassification at the Minister's discretion (Schedule 2 clauses 4, 7, 8).

The legislative history included in the instrument is the sole primary source for amendment tracking in this deep dive; users should consult the Gazette notices listed in the history for the exact wording of each amendment and for any statutory instruments that might have further varied the Regulations after the versions quoted here.

The text of the Aquaculture Regulations 2016 provided contains no entries recording case law or litigation decisions arising under the Regulations. The document’s legislative history records variations, revocations and transitional provisions but does not include court decisions, judicial interpretations, tribunal determinations or appeals.

What this means pragmatically

There is no litigation precedent reflected in this instrument that clarifies the application of ambiguous provisions such as the scope of "ought reasonably to know", the scope of Ministerial discretion in urgent declarations (reg 21), or the boundary between corresponding licences and leases in the division/amalgamation rules (regs 32-35).
Where the Regulations use standards that are often litigated in other contexts (for example objective knowledge standards, the "opinion" of the Minister for urgent action), stakeholders must assume that these standards will be litigated on future facts and should design compliance systems that do not rely on favourable untested legal interpretations.
Practising lawyers and compliance professionals must therefore rely on the plain text and on administrative practice and ministerial guidance (eg Minister's website for published sector strategies) to interpret obligations and should monitor administrative decisions for evolving practice and possible judicial review.

Administrative appeal and review pathways not set out

The Regulations do not themselves specify internal merits review or appeal procedures for many ministerial decisions (for example classification changes under reg 37(b), urgent declarations under reg 21, or exemptions under reg 31). Those rights, if any, will be governed by the broader Act, general administrative law (including judicial review on public law grounds) and any statutory appeal provisions elsewhere; those are not reflected in the Regulations text before us.

Recommendation for users

For matters likely to be contested (classification, urgent strategy orders, refusal of applications under reg 43, cost recovery), parties should consider seeking contemporaneous administrative records, reasons for decisions and statutory appeal avenues under the Act or general administrative law. Because no litigation history is recorded in this instrument, administrative practice and agency guidance are likely the nearest sources of interpretive certainty pending any judicial consideration.

The Regulations contain several specific features and drafting choices that create compliance pitfalls, timing traps, and discretionary risks for operators and licensees. The following items are concrete "watch outs" grounded in the text.

Immediate notification time windows with differing timeframes

Unusually high mortality requires immediate telephone notification and written notice as soon as practicable (reg 13(1)(a)-(b)). Escape/damage requires telephone notification within 4 hours and written notice within 2 days (reg 26(1)(b)-(c)). Entanglement notification requires immediate telephone and written notice within 2 days (reg 27(1)). Tourism provisions mirror these obligations with similar timeframes (regs 31E, 31F). Failure to meet the specified timeframe can attract maximum penalties and expiation fees. The difference between "immediately", "within 4 hours" and "within 2 days" is legally material.

The objective "ought reasonably to know" threshold

Several obligations arise where a licensee "knows, or ought reasonably to know" that organisms may be affected by disease or that an event has occurred (regs 13(1), 14(1)-(2), 31D(1)-(2), 31E(1)). This makes subjective ignorance a risky defence. Operators must document surveillance, monitoring, and inspection regimes to rebut any claim they ought to have known.

Ministerial discretion to publish sector strategies that automatically bind licensees

Sector strategies published on the Minister's website are automatically adopted by licensees in the affected class (reg 19(3)-(4)). A licensee may be bound by a strategy they did not directly negotiate. Monitoring the Minister's website for published or amended sector strategies is therefore operationally essential.

Urgent amendments without consultation

The Minister can declare urgent action without prior consultation where action is needed "to avoid, remedy or mitigate an adverse effect on the environment" (reg 21(1)). Declarations take effect on publication and stand for up to 12 months, binding the licensee's strategy. This creates regulatory risk of swift, unilateral operational restrictions.

Fee classification by "reasonable assumptions"

Regulation 37(a) allows the Minister to classify licences into categories A-D by reference to the Minister's "reasonable assumptions" about administrative and enforcement effort. The criteria include scale, discharge, non‑native species, disease susceptibility, and "any other matters considered relevant". Financial exposure can change via administrative classification, and the Minister may vary the classification by written notice (reg 37(b)). There is no detailed rubric in the Regulations for that "reasonableness" and hence financial predictability is limited.

Environmental reporting exemptions require application, fee, and conditions

The exemption from environmental reporting is discretionary, limited to up to 2 years, and requires an application with a fee (reg 31(1)-(3)). The Minister must take into account aquaculture policy and "any other matters the Minister considers relevant" when deciding (reg 31(5)), which introduces further discretion.

Record retention and 24‑hour update power

Stock register entries are generally required within 7 days and retained for 5 years (reg 15(3), (5)), but the Minister may require updates within 24 hours after an unusually high mortality notification (reg 15(4)). This creates an operational need for rapid data collation in crisis situations.

Cross‑regime dependencies and technical standards

Certain reporting and monitoring obligations require accredited laboratories with specific detection limits (definition in reg 3(1)). Failure to use accredited services may render technical reports non‑compliant. Similarly, chemical use is constrained by the Agricultural and Veterinary Products (Control of Use) Act 2002 and EPA consultation requirements (reg 10), so approval processes may be multi‑agency and time‑consuming.

Application process and condition precedent exposures

Applications for division or amalgamation must include plans and, if the public register records an interested person, evidence of consent (regs 32(3)(c), 33(3)(c), 34(3)(c), 35(3)(c)). Omitting these documents or failing to pay prescribed fees may result in refusal after a 3‑month non‑compliance period (reg 43(3)).

Tourism Part 3A has parallel but separate duties

The insertion of Part 3A in 2023 imposes duties on tourism operators that resemble licence holder obligations but are separate in scope (regs 31A-31H). Businesses running commercial tourism activities at aquaculture tourism sites must ensure waste control, stock registers for organisms brought for tourism, wildlife mitigation, and will be subject to Ministerial directions with cost recovery (reg 31H). Operators must therefore check whether they are captured by the tourism definitions added in 2023.

Forfeiture and cost recovery for non‑compliance

Under reg 31H, failure to follow a direction permits the Minister to carry out the work, recover costs as a debt, and forfeit removed property. This is a higher‑stakes administrative remedy than simple fines or expiations.

Transition and carry‑over

Transitional provisions preserve pre‑existing approvals and classifications in some cases (Schedule 2 clauses 3-8). An assumption that all legacy approvals persist without validation can be dangerous; operators should confirm any carry‑over approvals and seek formal ministerial confirmation where necessary.

Multiple overlapping duties and cumulative penalties

Notices for the same event may trigger multiple duties under different provisions (for example a disease outbreak in a tourism site may attract duties under regs 13 and 31E), potentially exposing the operator to multiple offences if procedural steps are missed.

For operational and legal risk management, these "gotchas" require specific internal controls: continuous regulatory monitoring (Minister's website), incident escalation protocols with documented timestamps, data systems for rapid stock register updates, accredited laboratory relationships, and legal workflows for Ministerial approvals and fee classification challenges.

Compliance under the Aquaculture Regulations 2016 requires integrated operational, recordkeeping, reporting and governance systems. Below is a practical compliance checklist and suggested controls, mapped to the Regulations’ provisions.

Governance and appointment

Nominate a compliance lead responsible for notifications, recordkeeping and liaison with the Minister’s office. The Regulations require time‑critical telephone notifications to a number provided to the licensee (regs 13(1)(a), 26(1)(b), 27(1)(a), 31E(1)(a), 31F(1)(a)); ensure this person has 24/7 contact capability.
Maintain a register of approvals and Ministerial conditions (reg 4(1) allows conditions; reg 4(2) requires compliance).

Stock register and data management (reg 15; reg 31C for tourism)

Implement an electronic stock register capturing all fields listed in reg 15(2) (and the tourism counterpart reg 31C(2)).
Ensure entries are made within 7 days of events and records are retained for 5 years (reg 15(3), (5)).
Prepare templates to support rapid 24‑hour updates when ordered after unusually high mortality notifications (reg 15(4)).

Monitoring, surveillance and accredited testing (regs 3, 23, 30)

Establish routine farm inspection schedules and biological surveillance to reduce exposure to the "ought reasonably to know" standard.
Contract with NATA‑accredited laboratories that meet the detection limits set out in the "accredited laboratory" definition for relevant analytes (reg 3(1)).
Document chain‑of‑custody procedures for samples, shipping timelines and reporting formats to meet any Ministerial notice requirements for reporting mode and form (reg 23(2), 30(2)).

Incident response and notification protocols (regs 13, 26, 27, 31E, 31F)

Create an incident escalation workflow with decision points: immediate telephone notification, emergency containment and isolation actions, and preparation of written notices within statutory deadlines. Test the workflow with drills.
Keep a template "prescribed details" package for each incident type so telephone notifications can include available prescribed details at the time (see reg 13(2) lists, reg 26(3), reg 27(3), reg 31E(2), reg 31F(2)).

Aquaculture strategy compliance (regs 18-21)

If a sector‑based strategy exists for your class, adopt and incorporate it into site procedures; the Minister’s publication is treated as adoption (reg 19(3)-(4)).
Where an individual strategy is required, prepare the strategy per reg 18(2) content requirements and submit for Ministerial approval under reg 20(1). Maintain processes to update a strategy within the timeframe required should the Minister request resubmission (reg 20(2)-(4)).
Monitor the Minister’s website regularly for published sector strategies and urgent declarations (reg 19, reg 21). Urgent declarations can take effect immediately.

Chemical and veterinary treatments (reg 10)

Use registered veterinary products only according to label instructions or permits under the Agricultural and Veterinary Products (Control of Use) Act 2002, or seek written Minister approval after consulting the EPA where necessary (reg 10(1)(a)-(b)).
For emergency veterinary interventions, ensure a registered veterinary surgeon prescribes and obtain prior Minister approval as required by reg 10(2).

Equipment, marking and maintenance (regs 24, 24A, 25)

Ensure lease boundaries, navigational markers and farming structures meet lease conditions and are maintained in good working condition (regs 24, 24A).
Mark sea cages with licence number/approved identifier in at least 70 mm high text visible above the waterline (reg 25(a)).
Maintain records of maintenance, anchor design and benthic impact mitigation measures and ensure floated culture units maintain minimum clearance unless a written Minister approval is in place (reg 25(b)(ii)(A), (d)).

Environmental reporting and exemptions (regs 22-23, 29-31)

Track the reporting day as defined (reg 3 definitions) and prepare the annual report on general environmental matters and attach the most recent aquatic environment report (regs 22, 29).
For licences outside State waters, prepare water discharge reporting and retain laboratory results to accompany the annual report where required (reg 29).
If aquaculture is to pause or operate at negligible intensity, consider applying for an exemption under reg 31, noting the required fee, forms and possible conditions.

Fee management and licence classification (regs 37-39, 41)

Determine your licence category (A-D) as notified by the Minister and anticipate the potential for reclassification by written notice (reg 37(b)). Plan cashflows for annual fees, grant fees (reg 38) and potential 10% penalties for late payments (reg 39(4)).
Consider asking for a written statement of reasons for classification changes if clarity is needed (administrative practice may supply it; the Regulations allow variation but do not set out appeal rights).

Division, amalgamation and application procedure (regs 32-36, reg 43)

When applying for division or amalgamation, submit plans delineating existing and proposed areas and evidence of consent where the public register records interests (regs 32(3), 33(3), 34(3), 35(3)).
Respond to any Ministerial request to remedy defects within 3 months to avoid refusal (reg 43(1)-(3)).
Be prepared to provide further information or statutory declarations if requested under reg 36.

Insurance, legal and records readiness

Maintain insurance for escape and damage events where commercially available, and retain documentation suitable for reporting required "details of action taken" and "outcomes" (reg 26(1)(c) prescribed details).
Keep administrative records of approvals, Ministerial communications, sector strategy publications and all incident notifications to establish compliance in the event of enforcement.

Tourism‑specific compliance (Part 3A: regs 31A-31H)

If operating commercial tourism on an aquaculture tourism site, implement waste management, stock register templates for organisms brought for tourism, wildlife mitigation plans (reg 31G), and ensure readiness to comply with Ministerial directions under reg 31H.
Recognise that failure to comply with directions permits the Minister to carry out remedial work and recover costs as a debt, and to forfeit property removed (reg 31H(3)-(4)).

Liaison with external agencies

Ensure any chemical or therapeutic approvals requiring EPA consultation are treated as multi‑agency processes and build adequate lead times (reg 10).
Align sampling protocols with accredited laboratory requirements and fisheries authority provenance documentation (reg 3, reg 15(2)(b)(i)).

Audit and continuous improvement

Run periodic internal audits against the Regulations’ checklists (stock registers, notification logs, equipment marking, strategy conformity) and log corrective actions.
Keep an issues register of any Ministerial notices, urgent declarations, classification changes, or requests for further information that require follow‑up.

By implementing these controls mapped to the relevant regulations cited, operators and licensees can substantially reduce the practical risks of non‑compliance. Given the Ministerial discretion present across many provisions, maintaining contemporaneous records and seeking written approvals and confirmations where the Regulations require or allow them is critical.

Aquaculture Regulations 2016

Plain English Summary

Deep Dive

What it does

Current sections

Aquaculture Regulations 2016

Source text: opening excerpt

1 Aquaculture Regulations 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply