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
6A	Designation of aquaculture zone as public call area
7	Class of permitted aquaculture
8	Prescribed criteria
9	Variation or revocation of Gazette notice
Part 2A—Fitzgerald Bay (north) aquaculture zone
9A	Identification of aquaculture zone
9AB	Designation of aquaculture zone as public call area
9B	Class of permitted aquaculture
9C	Prescribed criteria
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
1A	Description of Fitzgerald Bay (north) aquaculture zone
2	Description of Fitzgerald Bay aquaculture exclusion zone
Schedule 2—Map of zones
Legislative history

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
	(ab)	designates aquaculture zones as public call areas; 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.
6A—Designation of aquaculture zone as public call area
The Fitzgerald Bay aquaculture zone is designated as a public call area.
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 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.
9AB—Designation of aquaculture zone as public call area
The Fitzgerald Bay (north) aquaculture zone is designated as a public call area.
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.

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

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this policy (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal policy
The Aquaculture (Zones—Fitzgerald Bay) Policy 2008 revoked the following:
Fitzgerald Bay Aquaculture Management Policy
Principal policy and amendments
New entries appear in bold.
Notice	Provision under which notice is made	Publication of policy in Gazette	Commencement	
Gazette 4.12.2008 p5341	s 12	Gazette 4.12.2008 p5342	4.12.2008	
Gazette 10.5.2012 p1679	s 14	—	10.5.2012: cl 2	
Gazette 30.1.2014 p412	s 14	—	30.1.2014: cl 2	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
cl 3	varied by 30.1.2014 p412 cl 20	30.1.2014	
Pt 2			
cl 6A	inserted by 30.1.2014 p412 cl 21	30.1.2014	
Pt 2A	inserted by 10.5.2012 p1679 cl 4	10.5.2012	
cl 9AB	inserted by 30.1.2014 p412 cl 22	30.1.2014	
Sch 1			
cl 1A	inserted by 10.5.2012 p1679 cl 5(1)	10.5.2012	
cl 2	substituted by 10.5.2012 p1679 cl 5(2)	10.5.2012	
Sch 3	deleted by 10.5.2012 p1679 cl 6	10.5.2012	
Sch 4	omitted under Legislation Revision and Publication Act 2002	10.5.2012	
Historical versions
10.5.2012