Fisheries Management (Aquaculture) Regulation 2024.

These Regulations provide for the discipline of aquaculture in New South Wales; under section 142 of the Fisheries Management Act 1994, definition of aquaculture, paragraph (e), the storing or penning of fish in waters before sale by a commercial fisher is an activity that is not considered aquaculture under the Act. Part 2 regulates aquaculture permits and classes of permits and activities that are exempted and do not require a permit. The Part continues providing for the discipline of applications for, issue of, and variation of permits; permit conditions for movement of aquaculture species and material between aquaculture production areas; the Part also regulates contributions that permit holders has to pay towards costs of administration and of research. Part 3 clarifies the discipline of s 152(1)(a) and (5) of the Act; condition of class A and class B permits requiring holder to guarantee compliance obligations. It is a condition of a class A permit that— (a) if the permit holder is the holder of a class 1 lease—the permit holder must guarantee the performance of the permit holder’s compliance obligations either— (i) under the default financial arrangement in accordance with this part, or (ii) under an elective financial arrangement entered into and maintained by the permit holder in accordance with this part, or (b) otherwise—the permit holder must guarantee the performance of the permit holder’s compliance obligations by entering into and maintaining an elective financial arrangement in accordance with this part. (2) It is a condition of a class B permit that the permit holder must guarantee the performance of the permit holder’s compliance obligations under an elective financial arrangement entered into and maintained in accordance with this part. Part 4 regulates aquaculture leases; provides for classification, permit and fees.