Prepare early and budget for procedural elements: For any draft plan, amendment or lease application prepare for the following mandatory and customary steps: obtain Minister’s approval to prepare a private draft plan if you are not the Secretary (s 16); prepare an environmental impact statement appropriate to the significance of the proposal (s 23); prepare draft management controls as part of the draft plan (s 24); and consult with agencies the Panel determines (s 18). Budget for prescribed fees, EIS preparation and survey costs and consider security deposit requirements if the lease conditions will include them (ss 16(2)(c), 23, 87, 89).
Engage with the Panel and Board processes: If you are submitting a draft plan or amendment expect a Panel review that can require modifications, public exhibition and hearings (ss 25-31, 35-41). For allocation processes the Board advises on participation and selection criteria (ss 52-53). If a privately prepared draft plan or privately requested amendment leads to designation of a marine farming zone, anticipate the Minister may invite the person who prepared the draft plan to apply for a lease or the Board’s advice will shape who may participate in allocation (s 52).
For finfish projects, follow Director, EPA notices and exclusion zones: If your proposal involves finfish farming, check whether the area is within a finfish marine farming exclusion zone in Schedule 6 (s 19A). Expect the Director, EPA to issue notices requiring the inclusion of specific environmental management matters in draft plans, EISs and management controls and to be provided copies of documents and notified at key stages (s 17A(1)-(10), ss 21(1)(ca), 23(2)(ab), 24(2A)). Consult the Director, EPA at an early stage and incorporate any required controls into your draft documentation to avoid the need for costly rework.
Comply with safety, marking and maintenance obligations: Lessees must maintain rafts and structures in a safe and seaworthy condition and mark them in a manner approved by the Marine and Safety Authority (s 79(1)). Non‑compliance may lead to notification to the Secretary and removal, with costs recoverable (s 79(2)-(4)). Incorporate maintenance programmes and compliance records into operations and be responsive to Marine and Safety Authority requests.
Plan for emergency powers and contingency measures: Include contingency and biosecurity measures in operational plans and draft management controls, especially for finfish where emergency plans and orders are likely (ss 43-46, s 24(2A)). Emergency orders can be issued by the planning authority or on application for imminent pollution, disease or deterioration (s 43), and emergency plans can restrict or prohibit lease area use (s 45(1A)). Ensure readiness to comply immediately with emergency orders and to apply for exemptions under s 47 if needed; note the Minister must consult the Director, EPA before granting exemptions in finfish cases (s 47(2A)).
Recordkeeping, evidence and survey compliance: Keep detailed and accessible operational records, logbooks, environmental monitoring data and survey plans. Fisheries officers may require production of records (s 128) and can inspect and seize records. If the Minister requires a survey suitable for Central Plan Register entry, engage a surveyor to Surveyor‑General standards and comply with timeframes to avoid the Minister commissioning a survey at the applicant’s cost (s 87). Ensure survey products meet the required formats to avoid boundary disputes (s 90).
Monitor demerit exposures and compliance history: The demerit point system ties convictions and infringement penalties to licence allocations (s 121). Maintain an internal compliance register to avoid accumulating demerit points that could lead to disqualification under s 124. Corporate structures should be reviewed to prevent an associate’s demerit allocation from cascading to partners or major shareholders (s 124(1)(b)-(c), (2)). If disqualification occurs, start planning for required transfers within six months to avoid cancellation (s 124(4)-(5)).
Be precise in applications , forms, fees and timing: Use approved forms, provide required details and pay prescribed fees at lodgement. The planning authority and Minister have procedural powers to refuse to accept or deem applications ineffective if not in accordance with ss 56, 16 and 110. Track time limits for exhibition, representation and appeals , submissions must be lodged by the dates specified in public notices (ss 26(2)(b)(vi), 27(2)(e), 38(2)(b)(vi), 39(2)(e)), and appeals are often limited to 14 or 28 day windows (ss 75(2), 95(2), 106(5)).
Manage interactions with other statutory approvals: Ensure that marine farming licence requirements under the Living Marine Resources Management Act 1995 are satisfied in tandem with lease applications because a lease can be cancelled if the lessee fails to obtain or ceases to hold a marine farming licence (s 68(1)(b)), and transfers require coordinated licence transfers (s 73(4)). Also coordinate terrestrial planning approvals where a draft plan concerns areas adjoining land under local jurisdiction; the Minister must secure agreement from several ministers and councils where the Minister declares an area adjoining State waters for drafting plans (s 19(3)).
Prepare for the Ministerial and Panel decision points: Identify the key decision points where opportunities to influence outcomes exist , during consultation with agencies (s 18), during public exhibition and representations (ss 26-29, 38-40), and when the Panel is considering modifications (ss 29-31, 41). If the Panel rejects or requires modifications, the planning authority must supply modified drafts within specified periods (s 30). Keep records of submissions and expert support to assist at hearings (s 12) and in any Appeal Tribunal review.
Use the Appeal Tribunal where necessary: If a Ministerial decision adversely affects you (e.g., refusal to grant/renew a lease, conditions imposed, variation or cancellation, or fee determinations), the Act provides appeal rights to the Appeal Tribunal, which may hear appeals under the Tasmanian Civil and Administrative Tribunal Act 2020 and make a range of orders including directing initiation of amendments or renewal of leases (ss 75, 95, 98). Given the short appeal windows, have filing procedures and evidence bundles ready to lodge promptly.
Engage expert advice and document environmental mitigation: The Panel may seek expert advice (s 10), and environmental impact statements must disclose available information and address significance (s 23). For finfish projects especially, integrate Director, EPA required environmental management controls into draft management controls (s 24(2A)). Good quality EISs and management controls reduce risk of modification, refusal or costly directions by the Panel or Minister.
Pay attention to regulations and subordinate instruments: The Act leaves many details to regulation (s 145), including fees, identification of areas, requirements for structures and offences subject to infringement notices. Monitor subordinate instruments for new compliance duties and financial implications and for any special penalties prescribed under s 91(3)-(5).