8Pond-based, tank-based and oyster aquaculture

8 Pond-based, tank-based and oyster aquaculture

8 Pond-based, tank-based and oyster aquaculture

(1) Objectives The objectives of this section are as follows—

(a) to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,

(b) to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.

(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—

(a) that the development complies with the site location and operational requirements set out in Division 1 of Part 5 of this Schedule for the development,

(b) in the case of—

(i) pond-based aquaculture or tank-based aquaculture in a zone under a relevant EPI that is equivalent to Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and

(ii) pond-based aquaculture in a zone under a relevant EPI that is equivalent to Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and

(iii) tank-based aquaculture in a zone under a relevant EPI that is equivalent to Zone R3 Medium Density Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and

(iv) pond-based aquaculture or tank-based aquaculture in a zone under a relevant EPI that is equivalent to Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.

(3) The requirements set out in Division 1 of Part 5 of this Schedule are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.