Marine Farming Planning Act 1995

Definitions and objectives: The Act is conceptually built around a planning instrument called a marine farming development plan (defined in s 3 and created via Part 3). The statutory objectives require planning decisions to further “objectives of resource management” set out in Schedule 1, including sustainable development and integration of environmental, economic, recreational and social considerations (s 4(2); Sch 1 cl 1-2).

Marine farming and related instruments: “Marine farming” is broadly defined to include farming, culturing, ranching, enhancement and breeding of fish or marine life for trade, business or research (s 3). Related instruments are: draft plans, draft amendments, draft management controls (s 3), environmental impact statements (s 23), marine farming zones and maximum leasable areas (s 21). A “lease” grants exclusive possession of an area (s 59(2)); a “special lease” confers rights without exclusive occupation (s 60); an “emergency lease” is temporary (ss 61-63).

Institutions and roles: The Panel (s 8) is a nine‑member independent body with specified expertise (planning, environmental management, fish health/biosecurity, marine resource management, boating/navigation, marine farming, local government, and one ministerial nominee). The Panel reviews draft plans, EISs and representations and makes recommendations to the Minister (s 9). The Board (s 49) is a small advisory panel (3 members) that advises the Minister on allocation processes and may be asked about selection criteria and participation (ss 49-50, 52-53). The planning authority is the Secretary of the Department (s 3), who prepares and advances draft plans and administers exhibition, consultations and lease processes. The Minister has final approval powers, delegation powers (s 7), and discretion over leasing, fees and conditions (ss 7, 59, 106).

Environmental overlay for finfish: The Act creates a distinct overlay for finfish farming: the Director, EPA has statutory rights to require environmental management matters to be included in draft plans, EISs, draft management controls and emergency plans (s 17A), and must be consulted and given copies at multiple steps (s 17A(2)-(10)). Schedule 6 designates finfish marine farming exclusion zones where finfish planning is prohibited (s 19A).

Public process and rights: Draft plans and draft amendments are publicly exhibited (ss 25-26, 35-38) for specified periods, accompanied by EISs unless the Panel dispenses with the requirement (s 23, s 37). Members of the public and stakeholders may make written representations, request hearings and have those representations considered by the Panel (ss 26-29, 39-41). Appeal routes are provided to the Appeal Tribunal for certain Ministerial decisions and panel decisions (ss 75, 95-98).

Leases: Leases are time‑bound (up to 30 years, s 65), renewable within 15 years of expiry (s 66(1)), transferable/sub‑leasing controlled by Minister (ss 73-74), and subject to ministerial conditions and restrictions (s 64). The Act provides for expansion, subdivision, variation, cancellation and emergency relocation or replacement of lease areas (ss 67-71, 81-86).

Enforcement mechanisms: Criminal offences (ss 71-93), civil enforcement via the Appeal Tribunal (ss 111-118), infringement notices (ss 119-120), and a demerit point system that leads to disqualification (Div 8) are the primary enforcement levers. Fisheries officers are empowered with broad compliance and investigative powers (ss 125-134).

Economic instruments: The Act permits the Minister to impose fees and charges for leases, vary those fees during lease terms (s 106), and to require security deposits in leases (s 89). The Minister may recover costs incurred for removal of equipment or surveys from lessees (ss 72, 87(5)). Compensation is payable only under specified circumstances for loss caused by plan provisions or the setting aside of areas for public purposes (Div 4, ss 100-105), with Land Acquisition Act 1993 procedures adopted for determination (s 101).

Interplay with other laws: The Act cross‑references the Living Marine Resources Management Act 1995 for licensing, the Environmental Management and Pollution Control Act 1994 (for definitions and the Director, EPA), the State Policies and Projects Act 1993 (planning consistency, s 21(1)(ga)), and the Tasmanian Civil and Administrative Tribunal Act 2020 for appeal procedures (ss 75, 98). Specific administrative arrangements and definitions are incorporated by reference (s 3; ss 87(6), 121(2)).

Primary regulated actors: Lessees and applicants for leases, including persons holding marine farming licences under the Living Marine Resources Management Act 1995, are the immediate subjects of the regulatory regime (see ss 3 definition of “lessee”, 56-59). They undertake the costs of applications, EIS preparation, compliance with draft management controls, payment of fees and charges, maintenance and marking obligations for rafts and structures (s 79), and potential liabilities for non‑compliance including fines, cancellation and recovery of removal costs (ss 64, 71-72, 118).

Potential applicants and investors: Persons or bodies seeking to prepare draft plans (employee of Department, consultant, or external applicant with Ministerial approval; ss 15-16) and those preparing privately‑initiated draft plans or privately requested amendments (see s 52 and s 52(7) definitions) are affected. The Act contemplates private participation in planning by permitting private persons to prepare draft plans with Ministerial approval and to apply for certificates of preference (s 16; ss 52, 54).

Government decision‑makers and agencies: The Minister holds major decisional authority (approval of drafts, final approval of amendments, direction power s 11, delegation s 7). The Panel and Board exercise review, recommendation and advisory functions (ss 8-11, 49-50). The Secretary/planning authority administers process, lodgement, public exhibition and must comply with plan provisions in relation to development undertaken within the plan area (ss 25, 26, 88). The Director, EPA has defined environmental oversight in finfish matters (s 17A). The Marine and Safety Authority is responsible for safety and marking of structures and may notify the Secretary of non‑compliance (s 79).

Other marine users and local government: Councils and the Marine and Safety Authority are expressly required to be consulted when a draft plan extends to land adjoining State waters (s 19(3)(c)-(d)), and the Act permits directions to the Tasmanian Planning Commission and councils in respect of land use planning affecting marine farming (s 20). Recreational, navigation and other marine users are indirect stakeholders because draft plans must integrate marine farming with other marine uses and provide for boating and navigation considerations (s 21(1)(e), (1)(d)).

Environmental regulators and public interest bodies: The inclusion of mandatory EISs (s 23), the ability of the Director, EPA to require environmental management matters (s 17A), and emergency powers (ss 43-46) indicate that environmental regulators and public interest groups will be active participants during exhibition and representation phases.

Service providers and consultants: Preparing draft plans, EISs, and technical advisory inputs will create demand for consultants, surveyors and experts. The Panel may seek expert advice and can remunerate experts as Minister determines (s 10). Surveyors are engaged to produce plans suitable for the Central Plan Register (s 87).

Who pays: Applicants and lessees bear direct costs , prescribed fees, EIS preparation, security deposits (ss 16(2)(c), 23, 89), survey costs (s 87), fees and charges for lease occupation (s 106), and potential costs of removal or remediation recoverable by the Crown (s 72). The Minister may require payment equivalent to market value for expansion (s 81(5)(a)). The public (via the State) may bear administrative costs of reviews and enforcement, but the Act provides for cost recovery into the Public Account (ss 108, 120).

Affected behaviours: Applicants must satisfy planning, environmental and safety requirements to gain and retain leases; lessees must maintain equipment, mark rafts, comply with management controls and emergency plans, and meet fees. The demerit point regime (ss 121-124) imposes a compliance incentive tied to licensing and lease eligibility: accumulation of 200 demerit points disqualifies persons and related entities from holding leases.

Decision powers and duties: The Minister has wide powers , to approve draft plan exhibition (s 26), give final approval to draft plans and draft amendments (ss 31(3), 42(1)), grant, vary, renew, transfer and cancel leases subject to conditions (ss 59-60, 66-69, 73, 83), impose fees and charges (s 106) and make regulations (s 145). The Minister may delegate many but not all powers (s 7). The Secretary/planning authority must prepare, submit and act as required in relation to draft plans, environmental impact statements, exhibition and reports (ss 15-18, 23, 25-28, 88). The Panel must consider draft plans and make recommendations and must conduct hearings when requested under specified sections (ss 9(1), 12, 29(1), 31).

Lessee duties and rights: Lessees hold exclusive possession of leased areas subject to conditions (s 59(2), s 64(1)). Lessees must comply with lease conditions and any marine farming development plan or emergency order applying to the area (ss 64(4), 88). Duties include maintenance and marking of rafts/structures to Marine and Safety Authority satisfaction (s 79(1)), compliance with emergency orders and plans (ss 43(6), 45(6)), payment of fees and charges, meeting deposit/security requirements (s 89), undertaking surveys on direction (s 87), and removing equipment and fish stock if lease ceases (s 71). Lessees have rights to apply for renewal (s 66), transfer (s 73), subdivision (ss 82-85), expansion (s 81), and to appeal a range of Ministerial decisions to the Appeal Tribunal (s 75).

Public participation rights: Members of the public may make written representations during exhibition (ss 26-27, 38-39). Representors may request hearings for their representations; the Panel must conduct a hearing if so requested (ss 12(1), 12(1B)-(1C), 9(3), 27(2)(c)). Representors have access to the Panel’s consideration and to reports prepared by the planning authority (ss 28-29). Certain decisions are appealable to the Appeal Tribunal under the Tasmanian Civil and Administrative Tribunal Act 2020 (ss 75, 95, 98).

Director, EPA duties and rights (finfish matters): The Director, EPA may issue written notices specifying environmental management matters to be included in draft plans, EISs and draft management controls; receive notifications of application and approvals and copies of reports; and be consulted before the Minister approves exemptions from emergency plans that relate to finfish farming (s 17A(1)-(10); s 47(2A)). The Panel and planning authority have duty to notify and provide copies to the Director where finfish farming is involved (s 17A(2)-(6), (9)).

Enforcement and compliance rights: Fisheries officers have statutory rights to enter, search and inspect land, premises and waters, to seize equipment and require production of documents, and to apply for warrants (ss 125-134). The Panel, planning authority or Secretary may apply to the Appeal Tribunal for civil enforcement orders relating to contraventions of Part 3 (ss 111-113), and the Tribunal can make orders to prevent action, preclude use or require remedial work with recovery of costs (ss 113-118). Infringement notice regimes and demerit point allocations operate as administrative enforcement (ss 119-123).

Compensation and indemnity rights: Lessees may claim compensation for financial loss where lease areas are set aside for a public purpose or access restricted by a marine farming development plan (s 100). Compensation procedures follow the Land Acquisition Act 1993 (s 101). The planning authority is entitled to indemnity for compensation it pays because an area is set aside (s 104). Double compensation is prohibited (s 105).

Regulatory drafting and discretion: The Act authorises the Governor, on Minister’s advice, to make regulations to prescribe fees, offences for infringement notices, identify areas, regulate removal and disposal of waste, and set requirements for structures and rafts (s 145). Many functions include discretional phrases , “may” and “as the Minister determines” , which concentrate decision rights in Ministers, Panel and planning authority at various stages (e.g. ss 9(2), 10(2), 20, 52(5), 53(2)).

Criminal penalties: The Act specifies a range of penalties, both monetary and custodial. Examples include failure to comply with hearing obligations (s 12(4): fine up to 10 penalty units), contravention of emergency order (s 43(6): fine up to 50 penalty units), failure to remove equipment or compliance with removal notices (s 71(2): up to 500 penalty units and daily fine up to 10 penalty units), and obstruction of plan execution (s 91(1): fine up to 200 penalty units and daily fine up to 20 penalty units). The Act also prescribes serious offences with possible imprisonment (s 92(1): fine up to 200 penalty units or imprisonment up to 2 years, or both).

Administrative enforcement and civil orders: The Panel or planning authority can apply to the Appeal Tribunal for civil enforcement if they consider there has been a contravention of Part 3 (s 111). The Tribunal must give notice to show cause (s 113(3)) and may make orders to restrain acts, preclude use or require remedial works, and to recover costs (ss 113(2), 113(4), 118). Temporary orders are available pending hearings (s 114), with penalties for non‑compliance (s 114(3): fine up to 100 penalty units).

Infringement notices and monetary penalties: Fisheries officers or authorised persons can serve infringement notices for prescribed offences (s 119). The monetary penalties collected under infringement notices are to be paid into the Public Account (s 120). The Act requires infringement notices to comply with the Monetary Penalties Enforcement Act 2005 (s 119(3)). A special penalty regime is available for offences under s 91 where regulations prescribe amounts or methods (s 91(3)-(5)).

Demerit point framework and disqualification: The Act ties court‑imposed penalties to a demerit point allocation: one demerit point for each penalty unit imposed is allocated to the convicted person and to the relevant marine farming licence as determined by the court (s 121). Demerit points remain in force for five years (s 123). Accumulation of 200 or more demerit points disqualifies a person, and associated partners/major shareholders or related corporate entities, from obtaining or holding a lease; the Secretary must notify disqualifications and lessees must transfer leases to non‑associates within six months or face cancellation (s 124).

Powers to seize, remove and recover costs: The Minister may seize, remove and dispose of marine farming equipment, debris or fish stock if a person fails to comply with removal notices (s 72(1)), and costs are recoverable from the former holder as a debt to the Crown (s 72(2)). The Secretary may remove non‑compliant rafts or structures on notification by the Marine and Safety Authority, and recover reasonable costs from the lessee (s 79(2)-(4)). The Appeal Tribunal may authorise the Panel or Secretary to cause remedial work and recover costs if orders are not complied with (s 118).

Investigatory and search powers: Fisheries officers have broad statutory powers to enter land and waters, inspect premises and records, require production of documents and break open containers, and apply for warrants to search non‑residential or residential premises under s 134 if reasonable grounds exist (ss 125-134). Offences are created to assault, hinder or mislead fisheries officers (s 135), and to refuse compliance with lawful requirements or searches (ss 136-137).

Appeals and remedies: Affected persons have appeal rights to the Appeal Tribunal against many Ministerial and Panel decisions relating to leases, conditions, renewal, transfer, variation, cancellation, and certain plan and amendment decisions (ss 75, 95-98). The Appeal Tribunal has powers to order initiation of amendments, require additional information, direct renewal of leases or specify conditions in renewals (s 98(2)). Appeal periods are typically short (14 or 28 days depending on the decision; see ss 75(2), 95(2), 106(5)).

Fee and charge enforcement: The Minister may impose, vary and determine fees and charges in respect of leases (s 106). A lessee may appeal fee or charge decisions to the Appeal Tribunal (s 106(5)). The Minister may refund fees in prescribed circumstances (s 107). Failure to pay prescribed fees prevents the effectiveness of lodged documents and the undertaking of actions under the Act (s 110).

Cross‑referencing and incorporated regimes: The Act explicitly integrates and cross‑references several other statutes and administrative instruments. It relies on the Living Marine Resources Management Act 1995 for marine farming licences and definitions: “licence” and “marine farming licence” are defined by reference to that Act (s 3). Section 87(6) incorporates s 302 of the Living Marine Resources Management Act 1995 with respect to surveys. The Director, EPA role and finfish definitions are tied to the Environmental Management and Pollution Control Act 1994 (s 3 and numerous references in s 17A). The Act also requires consistency with State Policies made under the State Policies and Projects Act 1993 (s 21(1)(ga)).

Tribunal and administrative law interface: Appeal rights are exercised through the Tasmanian Civil and Administrative Tribunal (referred to as “Appeal Tribunal” in the Act) under the Tasmanian Civil and Administrative Tribunal Act 2020; multiple sections (ss 75, 98, 106(6)) direct that appeals are to be heard and determined under that Act. This creates a procedural interface whereby statutory merits review and civil enforcement proceedings are channelled through a state administrative tribunal.

Land acquisition and compensation law: Compensation claims arising from plan‑based restrictions or public taking of lease areas operate via the Land Acquisition Act 1993 procedures (s 101). Section 102 provides a mechanism for the planning authority to respond to compensation determinations by withdrawing or modifying plan provisions and discharging compensation where amendments come into force.

Marine safety and planning laws: The Act requires coordination with the Marine and Safety Authority for safety and marking of rafts/structures and enables the Tasmanian Planning Commission to be requested to include or prepare information or amendments under the Land Use Planning and Approvals Act 1993 for land adjoining State waters (s 20). Section 19(3) requires agreement from the relevant ministers and councils when the Minister declares adjoining land areas for drafting plans.

Monetary penalty enforcement: Infringement notices must follow the Monetary Penalties Enforcement Act 2005 format (s 119(3)), and the Act also provides for money collected or penalties recovered to be paid into the Public Account (ss 108, 120). This ties financial enforcement into the Treasury/Monetary Penalties legislative framework.

Survey and registration systems: Plans of survey required by s 87 are to be suitable for registering on the Central Plan Register and prepared to Surveyor‑General standards, thereby interfacing with land administration and survey law. Section 142 clarifies that surveys for this Act are not surveys under the Surveyors Act 2002, but s 87(1) still requires Surveyor‑General requirements.

Regulatory delegation and policing: The Act authorises regulations under s 145 to prescribe fees, offences for infringement notices, requirements for structures, and to provide for civil enforcement proceedings, providing a delegated legislative interaction. It also permits the Minister to authorise specified persons or bodies to determine, apply, or regulate matters under regulations (s 145(5)), permitting further administrative delegation compatible with general administrative law.

Environmental law overlay for finfish: The Director, EPA’s role (s 17A and related insertions across Part 3 and emergency provisions) creates an express procedural and substantive overlay linking EIA processes and environmental controls under the EMPC Act with the marine farming planning process. The Act requires affected Panel and planning authority actions to be notified to and coordinated with the Director in finfish cases (s 17A(2)-(6), (9)), creating a formal intersection between planning and environmental regulation.

Local government planning interactions: Sections 19-20 permit directions and requests to the Tasmanian Planning Commission, and to councils, and require agreement of councils when extending plan areas that adjoin land under their jurisdiction (s 19(3)(c); s 20(3)-(5)). The Act also allows councils to make by‑laws under the Local Government Act 1993 to recover costs (s 109). These features position marine farming plans alongside local planning instruments and enable vertical coordination or tension with land use planning regimes.

The Act text contains inline amendment notes indicating multiple legislative changes over time. The embedded annotations in the provided text identify amendments by year and amending Act sections; the following summarises the amendment subjects and timing as recorded in the source rather than an exhaustive legislative history:

• 1996-1998 amendments: Several early amendments (No. 17 of 1996, No. 85 of 1997, No. 16 of 1997, applied dates noted) added, for example, moorings and staylines to marine farming equipment (s 3), and adjusted Panel membership and procedures (s 8, Schs). These are recorded across definitions and functions (see s 3 and multiple amendments annotations).

• 2001 package (Marine Farming Planning Amendment Act 2001 noted): Numerous sections were amended by “No. 61 of 2001” with applied date 19 Sep 2001. Notable changes include expanded Panel functions and hearing procedures (ss 9, 12), the introduction of draft amendment certification and modified exhibition processes (ss 35-36), changes to public exhibition timelines and representation procedures (ss 25-29, 35-38), and insertion of transitional provisions (s 144A). The 2001 amendments also introduced many administrative adjustments: demerit allocation provisions and survey procedural cross‑references (ss 121, 87(6)). Section annotations throughout indicate multiple substitutions and insertions attributed to this 2001 amending Act.

• 2003 and 2007 amendments: Small amendments include references to public health (s 67(1)(a) amended by No. 9 of 2003) and transfer/approval mechanics for leases (No. 8 of 2007 amendments to s 73 and Div 6 procedural elements). No. 72 of 2007 modified infringement notice procedures (s 119).

• 2011 amendment (No. 53 of 2011 applied 22 Dec 2011): Significant changes replacing ss 33 and 42 and adding ss 41A and others to refine amendment request and approval paths, including tighter timelines for draft amendments and a requirement that the Panel notify the Minister of recommendations within set timeframes (ss 33-42, 41A).

• 2013, 2016, 2017 and later adjustments: No. 31 of 2013 updated National Law definitions (s 3). No. 28 of 2016 inserted a special penalty mechanism for particular offences under s 91 (ss 91(3)-(5)). A substantial 2017 amendment package (No. 46 of 2017, applied 04 Dec 2017) added finfish‑specific measures: insertion of s 17A, finfish marine farming exclusion zones (s 19A and Schedule 6), numerous references requiring Director, EPA notifications and consultation for finfish planning, amendment constraints preventing finfish expansion into exclusion zones (s 32(2)(ab)), and various adjustments to Panel procedure and content requirements for finfish planning (ss 21, 23, 24, 29, 31, 35, 37, 41). These 2017 insertions created the dedicated finfish environmental management overlay.

• 2019 and 2021 entries: Section 108 and 120 have amendment annotations (No. 4 of 2017 Schedule 1, applied 01 Jul 2019), and in 2021 (No. 18 of 2021, applied 05 Nov 2021) s 3 definitions were updated to rename the Appeal Tribunal as the Tasmanian Civil and Administrative Tribunal and align appeal procedures; ss 75 and 98 have cross‑references adjusted.

The Act’s amendment annotations in each section supply applied dates and the specific amending Act numbers; those annotations are the source of the above summary. The Act text contains numerous further cross‑sectional amendment markers indicating iterative changes to specific subsections, exhibition periods, Panel powers, and enforcement mechanisms. For exact drafting changes, the annotated sections should be read in situ (see the bracketed amendment notes appended to many subsections in the text).

The Act as supplied does not record any judicial decisions or case law. There are no cases named or referred to in the statutory text or the Schedules. The Act provides multiple independent administrative and judicial review pathways which, in practice, would generate litigation and tribunal decisions; the statutory mechanisms are:

• Appeals to the Appeal Tribunal: The Act provides express rights of appeal to the Appeal Tribunal (the Tasmanian Civil and Administrative Tribunal) from a range of Ministerial or Panel decisions, including refusals to grant leases where Board advice was contrary, conditions or restrictions on leases, refusals to renew or transfer leases, variations or cancellations, and decisions regarding amendments to plans (see ss 75, 95). Appeals are to be made within specified short time limits (e.g. 14 days for many decisions per ss 75(2), 95(2)). Section 98 provides that the Appeal Tribunal hears and determines appeals under the Tasmanian Civil and Administrative Tribunal Act 2020 and grants specific powers in respect of remedies that can be ordered.

• Civil enforcement proceedings: The Panel or planning authority may apply to the Appeal Tribunal for orders under Part 5 Div 6 where contraventions of Part 3 are alleged (ss 111-118). The Tribunal can order remedial works and recovery of costs (s 118).

• Fee and charge disputes: Lessees can appeal fee or charge variations/determinations to the Appeal Tribunal (s 106(5)). The Tribunal’s jurisdiction to hear these is provided for under s 106(6).

Because the supplied text contains no reported decisions, any discussion of how the Appeal Tribunal has interpreted the Act, judicial approaches to statutory discretion, the demerit point scheme, emergency order provisions, contract and compensation disputes tied to lease cancellation, or the interaction with environmental law is not available from this source. Practitioners should treat the Act’s procedural and remedial architecture as the primary legal material and consult tribunal and court decisions outside this text for interpretive precedent.

Absent case law in the provided source, readers should rely on the Act’s specified appeal routes and remedies (ss 75, 95-98, 111-118) and the fact that the Tribunal’s powers include ordering initiation of amendments, renewal of leases or specification of conditions (s 98(2)).

Short appeal windows and procedural defaults: Multiple appeal and response timelines in the Act are short (commonly 14 days for many appeals; see ss 75(2), 95(2); 28 days for liability under s 106(5)), and many procedural steps are conditional on lodging fees and using approved forms (e.g. ss 16(2), 56(2), 66(2), 73(2)). Failure to comply with form, fee or timing requirements can foreclose rights or delay processes. Section 110 expressly makes actions or lodged documents ineffective unless prescribed fees have been paid.

Ministerial discretion and Panel recommendations: The Panel reviews and recommends, but the Minister has the final approval power for draft plans and amendments (ss 31(3), 42(1)-(5)). Section 42A requires the Minister to notify Parliament where the Minister departs from the Panel’s recommendation in specified ways, but the Minister nonetheless retains significant discretion, including the power to alter draft amendments on the Minister’s own motion (s 42(1)(b)). Practitioners should plan for a two‑stage risk: Panel acceptance followed by Ministerial scrutiny and potential referral back (ss 31(3)-(5), 42(3)).

Finfish-specific procedural overlay: Finfish farming triggers a set of additional procedural obligations and constraints: exclusion zones (s 19A, Sch 6), the Director, EPA’s ability to require content in plans and EISs (s 17A), and requirements for notification at multiple stages (s 17A(1)-(10)). Draft plans or amendments for finfish that would extend into areas identified in Schedule 6 are prohibited (s 19A and s 32(2)(ab)). If your project involves finfish, expect extra documentary requirements, shorter notification windows for Director, EPA engagement and potential binding environmental management controls required by notice.

Emergency powers override plans: Emergency orders and emergency plans may override any marine farming development plan to the extent of inconsistency (ss 44(3), 46(2)). Emergency orders can be short (14 days, extendable once by up to 14 days, s 44), and emergency plans may operate for up to two years (s 46(1)). Lessees must comply with emergency orders and plans (ss 43(6), 45(6)), and non‑compliance carries penalties (s 45(6)). This creates an operational risk that normal lease and plan rights may be suspended in emergency circumstances with short notice.

Demerit points can disqualify related entities: Demerit points are attached to persons and licences (s 121) and can disqualify not only individuals but also partnerships and bodies corporate where a partner or major shareholder accumulates 200 or more points (s 124(1)(b)-(c)). “Major shareholder” is defined as holding more than 10% shares (s 124(2)). The Secretary must notify disqualification and lessees must transfer leases to non‑associates within six months or face cancellation (s 124(3)-(5)). Corporate groups should monitor demerit exposures and related party holdings.

Costs recoverable as debt to Crown and bond mechanisms: The Minister and Secretary can seize and remove equipment, and recover costs as a debt due to the Crown (ss 72(2), 79(4), 87(5)). Leases may include deposit or security requirements (s 89). The Minister may also require extra sums if circumstances change (s 89(3)). Financial exposure includes immediate recoverable costs for removal and longer term liabilities for remedial works ordered by the Appeal Tribunal (ss 72, 118).

Requirements for EIS and Panel dispensation: An EIS is required to accompany draft plans and amendments except where the Panel, with Minister’s approval, dispenses for non‑substantial or corrective amendments (ss 23, 37). The Panel may determine that a modification is not substantial and exclude the need for exhibition, representation and hearings (s 30(4), s 37(1)-(4)). However, whether the Panel treats a change as “not of a substantial nature” is a matter of judgment; reliance on informal shortcuts risks later challenge.

Survey and registration technicalities: The Minister can direct a lessee to provide a plan of survey suitable for registering on the Central Plan Register prepared to Surveyor‑General standards (s 87(1)). Failure to comply can result in the Minister commissioning a survey and costs recovered from the lessee (s 87(3)-(5)). Survey work is not a “survey” under the Surveyors Act for statutory purposes (s 142), so check registration and technical standards in advance.

Overlap with other statutory licences: The Minister will not approve a transfer of lease unless the transfer of the relevant marine farming licence is agreed (s 73(4)); similarly, a lessee must hold a marine farming licence to continue operations and cancellation follows loss or failure to obtain such a licence (s 68(1)(b)). Lease rights depend on parallel licensing regimes, so application strategies need to align with the Living Marine Resources Management Act 1995 licensing cycles.

Public notification and documentation obligations: Multiple steps require public notice (s 26(2), s 35(2), s 38(2)) and certified copies can be taken judicially notice of in court (s 141). Parties need to plan for public disclosure of EIS material except where confidentiality reasons apply (s 23(2)(a)).

Regulations may establish further penalties and requirements: s 145 authorises regulations to create new offences with penalties up to 20 penalty units and continuing penalties; it also authorises differential application and conferral of powers. Anticipate further regulatory detail and compliance duties at the subordinate level.

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).