New South Wales Consolidated Regulations

MID-WESTERN REGIONAL LOCAL ENVIRONMENTAL PLAN 2012 - SCHEDULE 6

SCHEDULE 6 – Pond-based and tank-based aquaculture

(Clause 5.19)

Part 1 - Pond-based and tank-based aquaculture

Division 1 - Site location requirements

1 Conservation exclusion zones

(1) Must not be carried out on the following land, except to the extent necessary to gain access to water--

(a) land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 ,

(b) vacant Crown land,

(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

(2) Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned--

(a) land declared as an aquatic reserve under the Marine Estate Management Act 2014 ,

(b) land declared as a marine park under the Marine Estate Management Act 2014 .

Note--: Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

Division 2 - Operational requirements

2 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

3 Pond-based aquaculture that is also intensive aquaculture--pond design

For pond-based aquaculture that is also intensive aquaculture--ponds must be capable of being drained or pumped and then completely dried.

4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture--freshwater discharges

For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture--no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.

5 Outlets from culture ponds etc

All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.

6 Definition

In this Division--

"intensive aquaculture" has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017 .

Part 2 - Extensive pond-based aquaculture

Division 1 - Site location requirements

7 Conservation exclusion zones

(1) Must not be carried out on the following land, except to the extent necessary to gain access to water--

(a) land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 ,

(b) vacant Crown land,

(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

Note--: Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

8 Flood liability

Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.

Division 2 - Operational requirements

9 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

10 Pond design

(1) Must not require the construction of new ponds, water storages, dams or buildings.

(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.

(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.

11 Culture water

Must use freshwater.