Fisheries Act 1996

Aquaculture - Aquaculture decisions in relation to coastal permits

186GB: Matters to be considered before aquaculture decision made

You could also call this:

"Things to think about before deciding on aquaculture"

Illustration for Fisheries Act 1996

When making a decision about aquaculture, the chief executive must think about certain things. You need to consider where the aquaculture will happen and how it will affect fishing. The chief executive must think about how the aquaculture will impact the fishing industry, including how much of the fishery will be affected. The chief executive must also consider whether fishing can still happen in other areas and if the aquaculture will make fishing more expensive. If there is an agreement about aquaculture in the area, the chief executive cannot think about how it will unfairly affect commercial fishing for certain stocks, as stated in section 186ZH.

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"What to Do When Making a Decision About Aquaculture"

Part 9AAquaculture
Aquaculture decisions in relation to coastal permits

186GBMatters to be considered before aquaculture decision made

  1. In making an aquaculture decision, the chief executive must have regard only to the following matters:

  2. the location of the area that the coastal permit relates to in relation to areas in which fishing is carried out:
    1. the likely effect of the aquaculture activities in the area that the coastal permit relates to on fishing of any fishery, including the proportion of any fishery likely to become affected:
      1. the degree to which the aquaculture activities in the area that the coastal permit relates to will lead to the exclusion of fishing:
        1. the extent to which fishing for a species in the area that the coastal permit relates to can be carried out in other areas:
          1. the extent to which the occupation of the coastal marine area authorised by the coastal permit will increase the cost of fishing:
            1. the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.
              1. If a pre-request aquaculture agreement has been registered under section 186ZH in relation to the area that the coastal permit relates to, the chief executive must not have regard to the undue adverse effects on commercial fishing in respect of any stocks covered by the pre-request aquaculture agreement when having regard to the matters specified in subsection (1).

              Notes
              • Section 186GB: inserted, on , by section 8 of the Fisheries Amendment Act 2011 (2011 No 68).