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| Marine Farming Planning Act 1995 (Tasmania) | |
|---|---|
| Name | Marine Farming Planning Act 1995 (Tasmania) |
| Enacted by | Parliament of Tasmania |
| Introduced by | Minister for Primary Industries (Tasmania) |
| Territorial extent | Tasmania |
| Royal assent | 1995 |
| Status | in force |
Marine Farming Planning Act 1995 (Tasmania) provides the statutory framework for planning, allocation, and regulation of marine farming activities in the State of Tasmania. The Act establishes processes for identifying marine farming development areas, licensing marine farming operations, and integrating policy objectives for resource use and environmental protection. It is administered within Tasmania's legislative and administrative institutions and has been the subject of policy debate, statutory amendment, and judicial review.
The Act was enacted by the Parliament of Tasmania following policy work by the Department of Primary Industries, Parks, Water and Environment (Tasmania) and stakeholder engagement involving industry bodies such as the Tasmanian Salmonid Growers Association and conservation organisations including the Australian Conservation Foundation and local branches of the World Wide Fund for Nature. Legislative precedent and comparative models included regulatory approaches in the United Kingdom, the European Union, and Australian States like South Australia and New South Wales. The statute reflects interactions with land use instruments such as the Tasmanian Planning Scheme and with Commonwealth regimes including matters arising under the Environment Protection and Biodiversity Conservation Act 1999 when matters of national environmental significance are implicated.
The Act sets out objectives aligning economic development of aquaculture with protection of marine values and public interests. Key provisions define marine farming lease and licence instruments, criteria for site selection, mechanisms for marine farming development plans, and conditions for tenure transfer and surrender. The statute prescribes decision-making criteria referencing statutory actors such as the Minister for Primary Industries (Tasmania) and administrative entities including the Resource Management and Planning Appeals Tribunal (Tasmania). The Act also establishes rights and obligations concerning navigation, public access, and tenure security, interacting with common law principles developed in cases like those heard by the High Court of Australia.
Administration of the Act rests with designated Tasmanian agencies, primarily the Department of Primary Industries, Parks, Water and Environment (Tasmania), supported by statutory roles performed by Ministers and advisory committees. The regulatory framework integrates licence issuance, environmental monitoring, and compliance programs coordinated with statutory instruments such as the Fisheries (General) Regulations 2019 (Tasmania) and local government planning under councils including the Kingborough Council and Circular Head Council. Interjurisdictional coordination involves the Commonwealth of Australia for marine matters extending beyond state waters and collaboration with research institutions like the Institute for Marine and Antarctic Studies and universities such as the University of Tasmania.
The Act prescribes a multi-stage planning process beginning with preparation of marine farming development plans or site investigations, public notification, stakeholder consultation, and assessment against statutory criteria. Applicants seek leases and licences from the Minister, and affected parties may seek review via administrative appeal routes including the Resource Management and Planning Appeals Tribunal (Tasmania), or judicial review in courts such as the Supreme Court of Tasmania. The process requires consideration of navigation safety overseen by the Australian Maritime Safety Authority, biosecurity implications coordinated with the Department of Agriculture, Fisheries and Forestry (Australia), and coordination with infrastructure providers including the Port of Hobart and regional ports.
Environmental assessment under the Act requires consideration of impacts on habitats, species, water quality, and coastal processes, with input from agencies like the Environmental Protection Authority (Tasmania) and scientific bodies such as the Commonwealth Scientific and Industrial Research Organisation. The Act interacts with Native Title and Indigenous heritage frameworks, engaging stakeholders including Tasmanian Aboriginal organisations such as the Tasmanian Aboriginal Centre and native title processes under the Native Title Act 1993 (Cth). Cases concerning cultural heritage and ecological values have invoked consultation obligations and triggered scrutiny under Commonwealth instruments like the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 in practice.
Enforcement mechanisms include compliance notices, suspension or cancellation of licences, and penalties for contraventions administered by Tasmanian authorities. Prosecutions for serious breaches may be pursued in the Magistrates Court of Tasmania or the Supreme Court of Tasmania depending on the offence, and sanctions can include fines, remediation orders, and forfeiture of marine farming infrastructure. Regulatory enforcement is coordinated with agencies such as the Parks and Wildlife Service (Tasmania) for protected areas and the Australian Fisheries Management Authority where Commonwealth fisheries law intersects.
Since enactment, the Act has been amended through Tasmanian legislative instruments and reviewed in the context of broader aquaculture policy reforms, environmental management inquiry reports, and parliamentary reviews within the Tasmanian Parliament. Legal challenges and judicial interpretation have arisen in matters brought before the Supreme Court of Tasmania and appeals to higher courts, engaging principles found in precedents from the High Court of Australia and administrative law authorities such as decisions referencing the Administrative Appeals Tribunal (AAT). Ongoing policy debates involve balancing development interests represented by industry bodies like the Tasmanian Seafood Industry Council and conservation concerns advocated by organisations such as Friends of the Earth.
Category:Acts of the Parliament of Tasmania Category:Aquaculture law Category:Environmental law in Australia