Title: Aquaculture (Zones—Fitzgerald Bay)Policy 2008
Subject: AquacultureAct 2001
Author: Office of Parliamentary Counsel
Category: public

Published in Gazette 4.12.2008 p 5342

Aquaculture (Zones—Fitzgerald Bay) Policy 2008

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Part 1—Preliminary

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Preliminary—Part 1

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Part 2—Fitzgerald Bay aquaculture zone

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Fitzgerald Bay aquaculture zone—Part 2

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Part 3—Fitzgerald Bay aquaculture exclusion zone

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Fitzgerald Bay aquaculture exclusion zone—Part 3

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Schedule 1—Descriptions of zones

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Descriptions of zones—Schedule 1

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Schedule 2—Map of zones

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Map of zones—Schedule 2

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Schedule 3—Amendment of policy by Gazette notice

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Amendment of policy by Gazette notice—Schedule 3

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Schedule 4—Revocation of Fitzgerald Bay Aquaculture Management Policy

Aquaculture (Zones—Fitzgerald Bay) Policy 2008
Revocation of Fitzgerald Bay Aquaculture Management Policy—Schedule 4

South Australia
Aquaculture (Zones—Fitzgerald Bay) Policy 2008
under the Aquaculture Act 2001

Contents
Part 1—Preliminary
1	Short title
2	Interpretation
3	Object of policy
4	Prescription of criteria does not limit matters that may be taken into account
5	Certain amendments may be made by Gazette notice only
Part 2—Fitzgerald Bay aquaculture zone
6	Identification of aquaculture zone
7	Class of permitted aquaculture
8	Prescribed criteria
9	Variation or revocation of Gazette notice
Part 3—Fitzgerald Bay aquaculture exclusion zone
10	Identification of aquaculture exclusion zone
Schedule 1—Descriptions of zones
1	Description of Fitzgerald Bay aquaculture zone
2	Description of Fitzgerald Bay aquaculture exclusion zone
Schedule 2—Map of zones
Schedule 3—Amendment of policy by Gazette notice
1	Insertion of Part 2A
Part 2A—Fitzgerald Bay (north) aquaculture zone
9A	Identification of aquaculture zone
9B	Class of permitted aquaculture
9C	Prescribed criteria
2	Amendment of Schedule 1
Schedule 4—Revocation of Fitzgerald Bay Aquaculture Management Policy

Part 1—Preliminary
1—Short title
This policy may be cited as the Aquaculture (Zones—Fitzgerald Bay) Policy 2008.
2—Interpretation
	(1)	In this policy—
Act means the Aquaculture Act 2001;
algae means eukaryotic macroalgae;
Eastern Fitzgerald sector means the area within the Fitzgerald Bay aquaculture zone described in Schedule 1 clause 1(b);
finfish means all members of the classes Actinopterygii, Elasmobranchii and Myxini;
lease means an aquaculture lease;
leased area, in an aquaculture zone or a sector in an aquaculture zone, means the total area in the zone or sector subject to lease;
licence means an aquaculture licence;
prescribed wild caught tuna means members of the genera Allothunnus, Auxis, Euthunnus, Katsuwonus, and Thunnus that have been taken from the wild;
Western Fitzgerald sector means the area within the Fitzgerald Bay aquaculture zone described in Schedule 1 clause 1(a).
	(2)	For the purposes of identification of zones or sectors in this policy, unless the contrary intention appears, all lines are geodesics based on the Geocentric Datum of Australia 1994 (GDA94) as defined in the Commonwealth of Australia Gazette GN35 of 6 September 1995 and all co‑ordinates are expressed in terms of GDA94.
Note—
Unless the contrary intention appears, terms used in this policy that are defined in the Act have the respective meanings assigned to those terms by the Act.
3—Object of policy
Pursuant to section 11 of the Act, this policy—
	(a)	identifies aquaculture zones and an aquaculture exclusion zone; and
	(b)	specifies for an aquaculture zone—
	(i)	the classes of aquaculture permitted in the zone; and
	(ii)	prescribed criteria to be taken into account in the determination of applications for licences or in the making of other decisions under the Act in relation to the zone.
4—Prescription of criteria does not limit matters that may be taken into account
This policy does not limit the matters that may be taken into account in the determination of applications for licences or in the making of other decisions under the Act.
5—Certain amendments may be made by Gazette notice only
Pursuant to section 14 of the Act, the Minister may, by notice in the Gazette, amend this policy as prescribed in Schedule 3.

Part 2—Fitzgerald Bay aquaculture zone
6—Identification of aquaculture zone
The Fitzgerald Bay aquaculture zone (consisting of the Western Fitzgerald and Eastern Fitzgerald sectors) comprises the State waters described in Schedule 1 clause 1.
7—Class of permitted aquaculture
The classes of aquaculture permitted in the Fitzgerald Bay aquaculture zone are—
	(a)	the farming of aquatic animals (other than prescribed wild caught tuna) in a manner that involves regular feeding; and
	(b)	the farming of bivalve molluscs; and
	(c)	the farming of algae.
8—Prescribed criteria
In the determination of applications for licences and in the making of other decisions under the Act in relation to the Fitzgerald Bay aquaculture zone, the following prescribed criteria must be taken into account:
	(a)	the leased area in the zone must not exceed 550 hectares;
	(b)	the leased area in the Western Fitzgerald sector must not exceed 150 hectares;
	(c)	of the area leased or available for lease in the zone, at least 5 hectares must be used or available for use for the farming of aquatic organisms for the purposes of research or for the purposes of trade, or a business, established for educational purposes;
	(d)	the biomass of the aquatic animals (other than prescribed wild caught tuna) being farmed in the zone in a manner that involves regular feeding must not exceed—
	(i)	an amount that would, in the opinion of the Minister, have an environmental impact on the zone equivalent to the environmental impact that 4 250 tonnes of finfish would have on the zone; or
	(ii)	if some other amount is specified by the Minister by notice in the Gazette, that other amount;
	(e)	the biomass of the aquatic animals (other than prescribed wild caught tuna) being farmed in the Western Fitzgerald sector in a manner that involves regular feeding must not exceed—
	(i)	an amount that would, in the opinion of the Minister, have an environmental impact on the sector equivalent to the environmental impact that 2 250 tonnes of finfish would have on the sector; or
	(ii)	if some other amount is specified by the Minister by notice in the Gazette, that other amount;
	(f)	the biomass of the aquatic animals (other than prescribed wild caught tuna) being farmed in the Eastern Fitzgerald sector in a manner that involves regular feeding must not exceed—
	(i)	an amount that would, in the opinion of the Minister, have an environmental impact on the sector equivalent to the environmental impact that 3 200 tonnes of finfish would have on the sector; or
	(ii)	if some other amount is specified by the Minister by notice in the Gazette, that other amount;
	(g)	the biomass of the bivalve molluscs being farmed in the zone must not exceed—
	(i)	1 500 tonnes; or
	(ii)	if some other amount is specified by the Minister by notice in the Gazette, that other amount.
9—Variation or revocation of Gazette notice
	(1)	The Minister may vary or revoke a notice in the Gazette made under clause 8 by subsequent notice in the Gazette.
	(2)	The power to vary or revoke a notice under subclause (1) is exercisable in the same way, and subject to the same conditions, as the power to make the notice.

Part 3—Fitzgerald Bay aquaculture exclusion zone
10—Identification of aquaculture exclusion zone
The Fitzgerald Bay aquaculture exclusion zone comprises the State waters described in Schedule 1 clause 2.

Schedule 1—Descriptions of zones
1—Description of Fitzgerald Bay aquaculture zone
The Fitzgerald Bay aquaculture zone comprises sectors as follows:
	(a)	the Western Fitzgerald sector, comprising the State waters contained within and bounded by a line commencing at 32°56′09.78″ South, 137°45′25.74″ East (Point 1), then north‑easterly to 32°55′39.43″ South, 137°46′58.97″ East (Point 2), then easterly to 32°55′37.52″ South, 137°48′24.16″ East (Point 3), then southerly to 32°58′03.05″ South, 137°48′28.76″ East (Point 4), then westerly to 32°58′05.51″ South, 137°46′38.54″ East (Point 5), then north‑westerly to 32°57′26.60″ South, 137°46′04.41″ East (Point 6), then north‑westerly to the point of commencement; and
	(b)	the Eastern Fitzgerald sector, comprising the State waters contained within and bounded by a line commencing at 32°52′38.02″ South, 137°49′19.83″ East (Point 7), then easterly to 32°52′38.02″ South, 137°51′23.21″ East (Point 8), then southerly to 32°57′08.34″ South, 137°51′24.50″ East (Point 9), then westerly to 32°57′08.48″ South, 137°49′20.82″ East (Point 10), then northerly to 32°56′20.00″ South, 137°49′21.17″ East (Point 11), then westerly to 32°56′19.91″ South, 137°49′08.35″ East (Point 12), then northerly to 32°53′26.58″ South, 137°49′07.39″ East (Point 13), then easterly to 32°53′26.58″ South, 137°49′19.83″ East (Point 14), then northerly to the point of commencement.
Note—
The point references in this description are references to the corresponding points in the map in Schedule 2 showing the Fitzgerald Bay aquaculture zone.
2—Description of Fitzgerald Bay aquaculture exclusion zone
The Fitzgerald Bay aquaculture exclusion zone comprises the State waters contained within and bounded by—
	(a)	a line commencing at mean high water springs closest to 32°50′34.23″ South, 137°48′37.01″ East (Point 18), then easterly to a location 1 000 metres seaward of mean high water springs closest to 32°50′28.14″ South, 137°49′14.89″ East (Point 15), then beginning southerly following a line 1 000 metres seaward of mean high water springs to the location closest to 32°55′55.35″ South, 137°45′48.09″ East (Point 16), then south‑westerly to the location on mean high water springs closest to 32°56′01.81″ South, 137°45′11.02″ East (Point 17), then beginning north‑westerly following the line of mean high water springs to the point of commencement; and
	(b)	a line commencing at mean high water springs closest to 32°58′40.92″ South, 137°46′39.87″ East (Point 22), then north‑easterly to a location 1 000 metres seaward of mean high water springs closest to 32°58′20.18″ South, 137°47′09.84″ East (Point 19), then beginning south‑easterly following a line 1 000 metres seaward of mean high water springs to the location closest to 33°00′09.42″ South, 137°46′13.97″ East (Point 20), then northerly to the location on mean high water springs closest to 32°59′37.00″ South, 137°46′13.41″ East (Point 21), then beginning north‑easterly following the line of mean high water springs to the point of commencement,
but does not include the State waters contained within and bounded by a line commencing at 32°52'31.93" South, 137°47'54.95" East (Point 23), then southerly to 32°52'49.85" South, 137°47'57.52" East (Point 24), then north-westerly to 32°52'46.94" South, 137°47'50.13" East (Point 25), then northerly to 32°52'29.02" South, 137°47'47.56" East (Point 26), then south-easterly to the point of commencement.
Note—
The point references in this description are references to the corresponding points in the map in Schedule 2 showing the Fitzgerald Bay aquaculture exclusion zone.

Schedule 2—Map of zones
The map in this Schedule is provided for convenience of reference only.
Map of all zones

Schedule 3—Amendment of policy by Gazette notice
1—Insertion of Part 2A
After Part 2 insert:
Part 2A—Fitzgerald Bay (north) aquaculture zone
9A—Identification of aquaculture zone
The Fitzgerald Bay (north) aquaculture zone comprises the State waters described in Schedule 1 clause 1A.
9B—Class of permitted aquaculture
The classes of aquaculture permitted in the Fitzgerald Bay (north) aquaculture zone are—
	(a)	the farming of bivalve molluscs; and
	(b)	the farming of algae.
9C—Prescribed criteria
In the determination of applications for licences and in the making of other decisions under the Act in relation to the Fitzgerald Bay (north) aquaculture zone, it must be taken into account that the leased area in the zone must not exceed 10 hectares.
2—Amendment of Schedule 1
	(1)	Schedule 1—after clause 1 insert:
1A—Description of Fitzgerald Bay (north) aquaculture zone
The Fitzgerald Bay (north) aquaculture zone comprises the State waters contained within and bounded by a line commencing at 32°52'31.93" South, 137°47'54.95" East (Point 23), then southerly to 32°52'49.85" South, 137°47'57.52" East (Point 24), then north-westerly to 32°52'46.94" South, 137°47'50.13" East (Point 25), then northerly to 32°52'29.02" South, 137°47'47.56" East (Point 26), then south-easterly to the point of commencement.
Note—
The point references in this description are references to the corresponding points in the map in Schedule 2 showing the Fitzgerald Bay (north) aquaculture zone.
	(2)	Schedule 1 clause 2—delete clause 2 and substitute:
2—Description of Fitzgerald Bay aquaculture exclusion zone
The Fitzgerald Bay aquaculture exclusion zone comprises the State waters contained within and bounded by—
	(a)	a line commencing at mean high water springs closest to 32°50′34.23″ South, 137°48′37.01″ East (Point 18), then easterly to a location 1 000 metres seaward of mean high water springs closest to 32°50′28.14″ South, 137°49′14.89″ East (Point 15), then beginning southerly following a line 1 000 metres seaward of mean high water springs to the location closest to 32°55′55.35″ South, 137°45′48.09″ East (Point 16), then south‑westerly to the location on mean high water springs closest to 32°56′01.81″ South, 137°45′11.02″ East (Point 17), then beginning north‑westerly following the line of mean high water springs to the point of commencement; and
	(b)	a line commencing at mean high water springs closest to 32°58′40.92″ South, 137°46′39.87″ East (Point 22), then north‑easterly to a location 1 000 metres seaward of mean high water springs closest to 32°58′20.18″ South, 137°47′09.84″ East (Point 19), then beginning south‑easterly following a line 1 000 metres seaward of mean high water springs to the location closest to 33°00′09.42″ South, 137°46′13.97″ East (Point 20), then northerly to the location on mean high water springs closest to 32°59′37.00″ South, 137°46′13.41″ East (Point 21), then beginning north‑easterly following the line of mean high water springs to the point of commencement,
but does not include the Fitzgerald Bay (north) aquaculture zone.
Note—
The point references in this description are references to the corresponding points in the map in Schedule 2 showing the Fitzgerald Bay aquaculture exclusion zone.

Schedule 4—Revocation of Fitzgerald Bay Aquaculture Management Policy
The Fitzgerald Bay Aquaculture Management Policy (see Gazette 4.11.2004 p4150) is revoked.