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Marine Farming Planning Act 1995
21Draft marine farming development plan
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### 21 Draft marine farming development plan
> > (1) A draft marine farming development plan for an area must –
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> > > > (a) further the objectives of resource management within the area covered by the draft plan; and
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> > > > (b) [*\[Section 21 Subsection (1) amended by No. 61 of 2001, s. 9, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS9@Hpa@EN) designate any area as a marine farming zone within the area covered by the draft plan; and
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> > > > (ba) [*\[Section 21 Subsection (1) amended by No. 61 of 2001, s. 9, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS9@Hpa@EN) specify the area to which the marine farming development plan relates; and
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> > > > (c) be co-ordinated with any marine farming development plan applying to any adjacent area; and
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> > > > (ca) [*\[Section 21 Subsection (1) amended by No. 46 of 2017, s. 37, Applied:04 Dec 2017\]*](/view/html/inforce/2017-12-04/act-2017-046#GS37@EN) if it relates to finfish farming, contain any matter relating to environmental management that is required by the Director, EPA, in a notice under [section 17A(1)](#GS17A@Gs1@EN) , to be contained in the marine farming development plan or any marine farming development plan; and
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> > > > (d) have regard for the use and development of the region as an entity in environmental, economic, recreational and social terms; and
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> > > > (e) [*\[Section 21 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja7@GC5@EN) [*\[Section 21 Subsection (1) amended by No. 61 of 2001, s. 9, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS9@Hpb@EN) seek a co-ordinated approach with respect to any matter affecting adjacent land under the jurisdiction of the Marine and Safety Authority or council; and
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> > > > (f) have regard to the biological and physical requirements of fish species to be farmed in that area; and
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> > > > (g) provide for any other matter which this Act requires to be included in a marine farming development plan; and
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> > > > (ga) [*\[Section 21 Subsection (1) amended by No. 61 of 2001, s. 9, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS9@Hpc@EN) be consistent with State Policies made under [section 11 of the](/view/html/inforce/2026-04-12/act-1993-065#GS11@EN) [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) ; and
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> > > > (h) contain any matter the Panel requires.
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> > (2) A draft marine farming development plan for an area may –
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> > > > (a) make any provision which relates to the use, development, protection or conservation of any thing in the area; and
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> > > > (b) [*\[Section 21 Subsection (2) amended by No. 61 of 2001, s. 9, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS9@Hpd@EN) provide for the maximum area that at any one time may be a lease area within a marine farming zone; and
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> > > > (c) set out policies and specific objectives; and
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> > > > (d) require specified things to be done to the satisfaction of the planning authority, Panel or relevant agency; and
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> > > > (e) apply, adopt or incorporate any document which relates to the use, development or protection of State waters; and
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> > > > (f) provide that any use or development of any State waters is conditional on an agreement being entered into with a relevant agency; and
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> > > > (g) require the use of an area to comply with any condition, restriction or code of practice; and
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> > > > (h) provide for an application to be made to bring an existing use of land into conformity, or greater conformity, with the marine farming development plan.