Tasmania: Marine Farming Planning Act 1995 (Tas)

Marine Farming Planning Act 1995 An Act to provide for the planning of marine waters for marine farming and the allocation of marine farming leases [Royal Assent 15 September 1995] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Marine Farming Planning Act 1995 . 2. Commencement This Act commences on a day or days to be proclaimed. 3. Interpretation In this Act – agency means a Government department or State authority within the meaning of the State Service Act 2000 ; amend, in relation to a marine farming development plan, includes – (a) to alter the area covered by the marine farming development plan; and (b) to increase the maximum leasable area for marine farming; and (c) to alter the species of fish to be permitted to be farmed in any part of a marine farming zone; and (d) to add a new marine farming zone; and (e) to alter any condition of the marine farming development plan; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; approved form means a form approved by the Minister; area includes waters; Board means the Board of Advice and Reference established under Part 4 ; certificate of preference means a certificate issued under section 54 ; conservation includes preservation, maintenance, sustainable use and restoration; council means a council as defined in the Local Government Act 1993 ; demerit point means a demerit point referred to in Division 8 of Part 5 ; Director, EPA means the Director, Environment Protection Authority, appointed under section 18 of the Environmental Management and Pollution Control Act 1994 ; draft amendment means a draft amendment to a plan referred to in Division 2 of Part 3 ; draft management controls means the management controls referred to in section 24 ; draft plan means a draft marine farming development plan referred to in section 21 ; emergency lease means an emergency lease in force under section 63 ; emergency order means an emergency order in force under Division 3 of Part 3 ; emergency plan means an emergency plan in force under Division 3 of Part 3 ; environmental impact statement means a statement referred to in section 23 ; finfish farming has the same meaning as in the Environmental Management and Pollution Control Act 1994 ; fisheries officer means a fisheries officer within the meaning of the Living Marine Resources Management Act 1995 ; infringement notice means an infringement notice referred to in Division 7 of Part 5 ; licence means a licence in force under the Living Marine Resources Management Act 1995 ; lease means a lease, special lease or emergency lease in force under Part 4 ; lease area means the area which is the subject of a lease; lessee means the holder of a lease; Marine and Safety Authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; marine farming includes the farming, culturing, ranching, enhancement and breeding of fish or marine life for trade, business or research; marine farming development plan means a marine farming development plan approved under section 31(3)(a) or section 42(4) ; marine farming equipment means any of the following whether actively engaged with fish rearing or not: (a) any equipment or structure used in connection with marine farming or the operation of a marine farm; (b) fish cages, lines and racks; (c) moorings, staylines, anchors and predator control devices; (d) any other equipment; marine farming licence means a marine farming licence in force under the Living Marine Resources Management Act 1995 ; marine farming zone means the zone designated as such in a marine farming development plan; maximum leasable area means the area referred to in section 21 (2) (b) ; modify, in relation to a draft marine farming development plan, includes to change any boundary or area to which the plan relates; National Law has the same meaning as in the Marine and Safety Authority Act 1997 ; National Regulator has the same meaning as in the National Law; objectives of resource management means the objectives set out in Schedule 1 ; Panel means the Marine Farming Planning Review Panel established under Part 2 ; planning authority means the Secretary; public notice means a notice published in a daily newspaper circulating generally in the State; public purpose means a purpose which is for the use or benefit of the public; raft means a floating platform, pontoon, barge, punt or hulk or any other thing which is – (a) not self propelled; and (b) moored for the purpose of providing buoyant support for the surface or enclosures on which fish are bred, reared and harvested; relevant agency means – (a) a department or other agency of Government of the State or of the Commonwealth; and (b) an authority of the State or of the Commonwealth established for the public benefit; and (c) a person undertaking a function for the public benefit; Secretary means the Secretary of the Department; State waters means waters within the meaning of the Living Marine Resources Management Act 1995 ; structure includes a platform, pontoon, jetty, building or any other thing used in connection with marine farming; sustainable development means sustainable development as defined in clause 2 of Schedule 1 ; Tasmanian Planning Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ; use includes proposed use; vary includes substitute, add or delete; waters includes – (a) the bed and subsoil under any waters; and (b) the airspace above any waters. 4. Purpose and objectives (1) The purpose of this Act is to achieve well-planned sustainable development of marine farming activities having regard to the need to – (a) integrate marine farming activities with other marine uses; and (b) minimise any adverse impact of marine farming activities; and (c) set aside areas for activities other than for marine farming activities; and (d) take account of land uses; and (e) take account of the community's right to have an interest in those activities. (2) A person must perform any function or exercise any power under this Act in a manner which furthers the objectives of resource management. 5. Act binds Crown This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities. 6. Application of Act This Act applies to all State waters and any other area declared under section 19 . 7. Delegations (1) The Minister, in writing, may delegate to any person or body any of the Minister's functions or powers under this Act, other than this power of delegation. (2) The Panel, in writing, may delegate to any person or body any of its functions or powers, other than this power of delegation. (3) The Secretary, in writing, may delegate to a person employed in the Department any of the Secretary's functions or powers, other than this power of delegation. (4) The Board, in writing, may delegate to any person or body any of its functions or powers, other than this power of delegation. PART 2 - Marine Farming Planning Review Panel Division 1 - Establishment of Panel 8. Marine Farming Planning Review Panel (1) A Marine Farming Planning Review Panel is established. (2) The Panel consists of 9 persons appointed by the Governor of whom – (a) one is the chairperson of the Panel; and (b) one is a person nominated by the chairperson of the Tasmanian Planning Commission with ability and experience in planning issues; and (c) one is a person, other than the Director, EPA, with ability and experience in environmental management; and (ca) one is a person, other than the Director, EPA, with ability and expertise in fish health and biosecurity; and (d) one is a person with ability in marine resource management; and (e) one is a person with ability to assess boating, recreational and navigational issues; and (f) one is a person with experience in marine farming; and (fa) one is a person with expertise in local government issues; and (g) one is a person nominated by the Minister. (3) Before any appointment is made under subsection (2)(a) , (c) , (ca) , (d) , (e) or (f) , the Secretary may call for expressions of interest for that appointment. (4) The Secretary may establish a selection committee to – (a) review any expression of interest; and (b) recommend a person or persons for appointment as a member of the Panel. (5) Schedule 2 has effect with respect to membership of the Panel. (6) Schedule 3 has effect with respect to meetings of the Panel. 9. General functions and powers of Panel (1) The functions of the Panel are – (a) to consider draft plans, draft amendments to marine farming development plans and draft modifications to marine farming development plans following reviews under section 48 ; and (ab) to consider environmental impact statements; and (b) to consider comments made on draft plans, draft modifications and draft amendments; and (c) to make recommendations to the Minister in respect of draft plans, draft modifications and draft amendments; and (d) to perform any other function imposed on it under this or any other Act; and (e) to undertake any other function or activity the Minister determines. (2) The Panel may – (a) conduct hearings to assist it in the performance of its functions; and (b) do anything necessary or convenient to perform its functions. (3) The Panel must conduct a hearing if a request for the hearing is made under section 27(2)(c) or section 39(2)(c) . 10. Expert advice (1) The Panel may seek expert advice from any person or body on – (a) the adequacy or otherwise of proposed environmental controls; and (b) technical aspects in relation to marine farming; and (c) biological and physical requirements of fish species; and (d) any other matter to assist it in performing its functions. (2) The remuneration and allowances in respect of giving expert advice are as the Minister determines. 11. Directions of Minister (1) The Minister, by notice in writing, may give directions to the Panel. (2) The Panel must perform its functions and exercise its powers in accordance with any directions given by the Minister. Division 2 - Hearings 12. Hearings (1) The Panel may – (a) hold a hearing in public; and (b) determine the procedure at a hearing. (1A) The Panel may hold one hearing in relation to as many representations as it determines. (1B) The Panel is to – (a) give notice in writing to each person who made a request under section 27(2)(c) or section 39(2)(c) of the date, time and place of the hearing not less than 14 days before the date of the hearing; and (b) by public notice, advertise the date, time and place of the hearing. (1C) A notice under subsection (1B)(a) is taken to have been given to a person – (a) in the case of hand delivery, when delivered at the person's last known address; or (b) if sent by prepaid post, on the fifth day after the date of posting to the person's last known address; or (c) if sent by facsimile transmission to the person's last known facsimile number and the sending facsimile machine produces a print-out which records the time and date of the transmission – (i) if completion is within ordinary business hours at the place to which the transmission is sent, at that recorded date and time; or (ii) if completion is outside ordinary business hours, at 9.00am on the next ordinary business day in that place. (2) At a hearing, the Panel – (a) may inform itself about any matter in any way it considers appropriate; and (b) may require a person to attend the hearing; and (c) may receive oral or written evidence; and (d) may consult with any persons it considers appropriate; and (e) need not act in a formal manner; and (f) is not bound by the rules of evidence. (3) The Panel may take evidence on oath or affirmation. (4) A person, without reasonable excuse, must not fail to – (a) take an oath or make an affirmation; or (b) answer any question; or (c) attend a hearing. Penalty: Fine not exceeding 10 penalty units. (5) It is a reasonable excuse under this section that any answer required to be given – (a) may tend to incriminate the person or make the person liable to a penalty; or (b) is information of a business, commercial or financial nature that may expose the person to competitive disadvantage. (6) Subsection (5) does not apply to information relating to the environmental impact of any matter. 13. Protection of members and witnesses (1) A member of the Panel, in exercising any power or performing any functions as such a member, has the same protection and immunity as a judge of the Supreme Court. (2) A person required to attend or appearing before the Panel as a witness has the same protection as a witness in a proceeding in the Supreme Court. 14. Allowances (1) A person who appears at a hearing is entitled to be paid any allowances and expenses the Minister determines. (2) If the Panel considers it appropriate, a person who gives evidence or gives a document may be – (a) paid for work involved in collecting and preparing the evidence or document; and (b) reimbursed any expense, or compensated for any loss, reasonably incurred in collecting and preparing the evidence or document. PART 3 - Marine Farming Development Plans Division 1 - Preparation of marine farming development plans 15. Draft plan (1) A draft plan may be prepared by – (a) an employee of the Department; or (b) a consultant acting on behalf of the Department. (2) A draft plan must not be commenced without the Minister's approval. 16. Approval to prepare draft plan (1) The Secretary and a person, other than a person referred to in section 15 (1) , may apply to the Minister for approval to prepare a draft plan. (2) An application, by a person other than the Secretary, is to – (a) be in an approved form; and (b) contain any details the Minister requires; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Minister. (3) The Minister may – (a) grant the application subject to any requirement not inconsistent with any other provision of this Act; or (b) refuse to grant the approval. 17. Notification of approval to draft plan The Secretary, not later than 14 days after the Minister approves a person to prepare a draft plan – (a) must notify the Panel of that approval; and (b) may provide any other information the Secretary considers appropriate. 17A. Role of Director, EPA in relation to marine farming development plans in relation to finfish farming (1) The Director, EPA, by notice in writing to the Panel, may require – (a) any matter, specified in the notice, that relates to environmental management of finfish farming, to be contained in – (i) a draft plan, or draft amendment, that relates to finfish farming; or (ii) any draft plan, or any draft amendment, that relates to finfish farming; and (b) any matter, specified in the notice, that relates to environmental management of finfish farming, to be addressed in – (i) an environmental impact statement; or (ii) any environmental impact statement – that is, under section 23 , to accompany a draft plan, or a draft amendment, in relation to finfish farming, or any draft plan, or any draft amendment, in relation to finfish farming; and (c) any environmental management controls, specified in the notice, to be included in draft management controls, to which section 24 relates, that relate to finfish farming; and (d) the Panel to consider, under section 29 or section 41 , a matter, specified in the notice, that relates to environmental management of finfish farming; and (e) a matter, specified in the notice, that relates to environmental management of finfish farming, to be included in – (i) a draft plan, in relation to finfish farming, to which a recommendation of the Panel under section 31(1) relates; or (ii) a draft amendment, in relation to finfish farming, to which a notification under section 41A(1) relates. (2) The Panel must give to a person preparing a draft plan, or an amendment of a draft plan, in relation to finfish farming, a copy of any notice, given to the Panel under subsection (1) , that, in the opinion of the Panel, relates to the draft plan, or the amendment of a draft plan, being prepared. (3) The Secretary – (a) is to notify the Director, EPA of an application made under section 16 for approval to prepare a draft plan in relation to finfish farming; and (b) is to provide to the Director, EPA a copy of the application under section 16 to which the approval relates and any information that accompanied the application; and (c) is to notify the Director, EPA if an approval under section 17 relates to finfish farming. (4) The Panel must provide to the Director, EPA a copy of a report, in relation to finfish farming, forwarded to the Panel under section 28 . (5) The Panel – (a) is to notify the Director, EPA of an application under section 33(1) or (2) in relation to finfish farming; and (b) is to provide to the Director, EPA a copy of such an application. (6) As soon as practicable after the Minister gives an approval, sought under section 33(5) , in relation to finfish farming, the Panel – (a) is to notify the Director, EPA of the approval; and (b) is to provide to him or her a copy of the request to which the approval relates. (7) As soon as practicable after the Panel directs a planning authority under section 34 to prepare a draft amendment (other than in response to a request from the Director, EPA) of a marine farming development plan in relation to finfish farming, the Panel – (a) is to notify the Director, EPA of the direction; and (b) is to provide to him or her a copy of the request to which the direction relates. (8) The Panel is to notify the Director, EPA of the withdrawal of a draft amendment, in relation to finfish farming, in accordance with section 36 . (9) The Panel, within 7 days of receiving a report under section 40 in relation to finfish farming, is to forward the report to the Director, EPA. (10) A planning authority – (a) before preparing a draft emergency plan under section 45 in relation to finfish farming, is to notify the Director, EPA of the authority's intention to prepare the plan; and (b) as soon as practicable after an emergency plan in relation to finfish farming is approved by the Minister under section 45 , is to notify the Director, EPA of the approval of the emergency plan. 18. Consultation (1) In preparing a draft plan, a person must consult with any person or body the Panel determines. (2) An agency must submit its comments on the draft plan within 30 days after being consulted or any longer period agreed to by that person or body and the planning authority. (3) If the agency fails to submit comments within the period allowed, the planning authority may deal with a draft plan without regard to its comments. 19. Area comprised in draft plan (1) A draft plan may be prepared only in respect of – (a) the whole or part of State waters; and (b) any other area referred to in an order made under subsection (2) . (1A) A draft plan, in so far as it relates to finfish farming, may not relate to an area of State waters, or an area that adjoins State waters, if all or part of the area to which the draft plan relates is a finfish marine farming exclusion zone under section 19A . (2) The Minister, by order, may declare any area which adjoins State waters as an area in respect of which a draft plan may be prepared. (3) The Minister may make an order under subsection (2) only if the following agree to the making of the order: (a) the Minister responsible for the administration of the Local Government Act 1993 ; (b) the Minister responsible for the administration of the Land Use Planning and Approvals Act 1993 ; (c) any council that has jurisdiction over the area referred to in the order; (d) the Marine and Safety Authority if that area is under its jurisdiction. 19A. Finfish marine farming exclusion zones (1) Each area that is indicated on a map in Schedule 6 to be a finfish marine farming exclusion zone is a finfish marine farming exclusion zone. (2) The Governor, by proclamation, may amend Schedule 6 by – (a) adding to Schedule 6 a map indicating an area that is to be a finfish marine farming exclusion zone; or (b) revoking a map that is in Schedule 6 . (3) The Governor may only make a proclamation under subsection (2) if a draft of the proclamation has been approved by both Houses of Parliament. (4) For the purposes of subsection (3) , a House of Parliament is to be taken to have approved a draft of a proclamation if a copy of it has been laid on the table of the House and – (a) it is approved by the House; or (b) at the expiration of 5 sitting-days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or (c) if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived. (5) An amendment of Schedule 6 by a proclamation under subsection (2) takes effect on the day on which notice of the making of the proclamation is published in the Gazette. 20. Directions for assistance (1) The Panel, with the Minister's approval, may request the Tasmanian Planning Commission to arrange for the inclusion of information in a draft plan in respect of a specified area. (2) The area specified in a direction is to be limited to an area declared under section 19 . (3) The Panel, with the Minister's approval, may request the Minister responsible for administering the Land Use Planning and Approvals Act 1993 to require the Tasmanian Planning Commission to prepare an amendment to a planning scheme under that Act in respect of land which adjoins State waters to reduce the negative impact or likely negative impact of activities or future development on the land upon marine farming or other activities in State waters. (4) The Tasmanian Planning Commission may give a written direction to the Marine and Safety Authority and a council – (a) to assist the planning authority to prepare a draft plan in respect of the specified area; and (b) to prepare information for inclusion in a draft plan in respect of that area; and (c) to assist in any other way it considers necessary. (5) The Marine and Safety Authority and a council are jointly and severally liable together with the planning authority for carrying out any direction given under subsection (4) . 21. Draft marine farming development plan (1) A draft marine farming development plan for an area must – (a) further the objectives of resource management within the area covered by the draft plan; and (b) designate any area as a marine farming zone within the area covered by the draft plan; and (ba) specify the area to which the marine farming development plan relates; and (c) be co-ordinated with any marine farming development plan applying to any adjacent area; and (ca) if it relates to finfish farming, contain any matter relating to environmental management that is required by the Director, EPA, in a notice under section 17A(1) , to be contained in the marine farming development plan or any marine farming development plan; and (d) have regard for the use and development of the region as an entity in environmental, economic, recreational and social terms; and (e) seek a co-ordinated approach with respect to any matter affecting adjacent land under the jurisdiction of the Marine and Safety Authority or council; and (f) have regard to the biological and physical requirements of fish species to be farmed in that area; and (g) provide for any other matter which this Act requires to be included in a marine farming development plan; and (ga) be consistent with State Policies made under section 11 of the State Policies and Projects Act 1993 ; and (h) contain any matter the Panel requires. (2) A draft marine farming development plan for an area may – (a) make any provision which relates to the use, development, protection or conservation of any thing in the area; and (b) provide for the maximum area that at any one time may be a lease area within a marine farming zone; and (c) set out policies and specific objectives; and (d) require specified things to be done to the satisfaction of the planning authority, Panel or relevant agency; and (e) apply, adopt or incorporate any document which relates to the use, development or protection of State waters; and (f) provide that any use or development of any State waters is conditional on an agreement being entered into with a relevant agency; and (g) require the use of an area to comply with any condition, restriction or code of practice; and (h) provide for an application to be made to bring an existing use of land into conformity, or greater conformity, with the marine farming development plan. 22. Restrictions on draft marine farming development plan (1) A draft marine farming development plan must not prevent the use of any water within a lease area unless the lessee and the Minister agree – (a) to compensation; or (b) to an alternative lease area. (2) Subsection (1) does not apply to a use of water – (a) which has stopped for a continuous period of 2 years; or (b) which has stopped for 2 or more periods which together total 2 years in any period of 3 years; or (c) in the case of a seasonal use, which does not take place for 2 years in succession. (3) Subsection (1) does not apply – (a) to the extension or transfer of a use of water from one part of the lease area to another part; or (b) if the use of any water is substantially different to that specified as a condition of the lease. 23. Environmental impact statement (1) The planning authority or any other person preparing a draft plan must prepare an environmental impact statement to accompany a draft plan, a modification to a draft plan, a draft amendment to a plan and a modification to a draft amendment to a plan. (2) An environmental impact statement must – (a) disclose any available information relating to the environmental impact of the draft plan, except if there is a reason for confidentiality; and (ab) if it relates to finfish farming, address any matter relating to environmental management that is required by the Director, EPA, in a notice under section 17A(1) , to be addressed in the environmental impact statement or in any environmental impact statement; and (b) contain information appropriate to the significance of the draft plan, a modification to a draft plan, a draft amendment to a plan and a modification to a draft amendment to a plan to the environment and the likely public interest. (3) An environmental impact statement is not required for a modification to a draft plan if the Panel is satisfied that there is not likely to be any significant effect on the environment as a result of the modification. 24. Draft management controls (1) A person who prepares a draft plan must prepare draft management controls – (a) as part of the draft plan; or (b) as part of any significant modification to the draft plan which would justify a change in the management controls already in operation. (2) Draft management controls must contain any measure which the person considers necessary to satisfactorily manage and mitigate negative effect of the draft plan. (2A) Draft management controls must, if they relate to finfish farming, contain any environmental management controls that the Director, EPA, in a notice under section 17A(1) , requires to be included in the draft management controls. (3) Draft management controls may include provisions relating to any one or more of the following: (a) the activities that may take place in the area covered by the draft plan; (b) the specific marine farming activities that may take place in the whole or a part of a marine farming zone; (c) the environmental testing that must be carried out by a person who may be granted a lease in a marine farming zone; (d) the limits of any water quality in or around a marine farming zone; (e) the restrictions on noise, light or presence in a marine farming zone; (f) the size of structures in a marine farming zone; (g) any other appropriate matter. 25. Approval of draft plan (1) Within 12 months after the Minister approves the preparation of a draft plan, or within any longer period the Minister allows, the planning authority must submit a copy of the draft plan to the Panel. (2) Within 9 weeks after a draft plan is submitted or within any longer period the Minister allows, the Panel, if it considers that – (a) it is suitable for exhibition, must refer it to the Minister for approval for it to be publicly exhibited; or (b) it is not suitable for exhibition – (i) must alter it and refer it to the Minister for approval for the draft plan, as altered, to be publicly exhibited; or (ii) must require the planning authority to alter it in a specified manner and within a specified period. (3) A draft plan is suitable for exhibition if it – (a) complies with section 21 ; and (ab) contains any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under section 17A(1) , requires the Panel to include in the draft plan or any draft plan; and (b) outlines any marine farming zone; and (c) identifies any maximum leasable area; and (d) is accompanied by an environmental impact statement; and (e) contains draft management controls. (4) Subsections (2) and (3) apply in relation to an altered draft plan as if it had not previously been submitted to the Panel. 26. Public exhibition of draft plan (1) The Minister may – (a) give approval to the public exhibition of a draft plan; or (b) refuse to give approval. (2) If the Minister gives approval to the public exhibition of a draft plan, the planning authority must – (a) within 6 weeks or any longer period the Panel allows, publicly exhibit a copy of the draft plan for 2 months; and (b) by public notice advertise – (i) the place at which the draft plan is exhibited; and (ii) the period during which it is to be exhibited; and (iii) the place at which a copy of the draft plan may be obtained; and (iv) any cost of obtaining a copy of the draft plan; and (v) that written representations may be made under section 27 to the planning authority in relation to the draft plan; and (vi) the date by which representations are to be lodged; and (vii) the place of lodgment of representations; and (viii) that a hearing may be requested under section 27 in relation to a representation. (3) If the Minister refuses to give approval to the public exhibition of a draft plan, the Minister is to refer the draft plan back to the Panel – (a) indicating any concerns the Minister has with the draft plan; or (b) seeking further information. 27. Representations in respect of draft plan (1) A person may submit representations in relation to a draft plan exhibited under section 26 . (2) A representation – (a) is to be made in writing; and (b) is to state the name of the person making the representation; and (c) is to be accompanied by a written request for a hearing if the person wishes a hearing to be conducted in relation to that representation; and (d) is to state the address for receipt of any notice in relation to the hearing; and (e) is to be lodged by the date referred to in section 26(2)(b)(vi) . 28. Report of representations relating to draft plan The planning authority, within 3 months after the period specified in a notice under section 26 (2) (b) (ii) or any longer period the Panel allows, must forward to the Panel a report comprising – (a) a copy of each representation received in relation to the draft plan or, if no representation has been received, a statement to that effect; and (ab) a copy of each request received under section 27(2)(c) or, if no request has been received, a statement to that effect; and (b) a statement of the planning authority's opinion as to the merit of each representation; and (c) a statement regarding – (i) the need for any modification of the draft plan in the light of any representation; and (ii) the impact of any representation on the draft plan as a whole; and (d) any appropriate recommendation in relation to the draft plan. 29. Consideration of draft plan, management controls and representations (1) As soon as practicable after receipt of a report under section 28 , the Panel must consider the draft plan, any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under section 17A(1) , requires the Panel to consider, any accompanying environmental impact statement and the report. (2) After considering the draft plan, matters, if any, report and any accompanying environmental impact statements, the Panel may – (a) modify the draft plan; or (b) reject the draft plan; or (c) require the planning authority to modify a specified provision of the draft plan; or (d) accept the draft plan without change. (3) The Panel may determine that a modification of a draft plan is not of a substantial nature. (3A) The Panel, by notice in writing, is to notify the planning authority of – (a) any modification it makes and the reasons for the modification; and (b) any modification to the draft plan it requires and the reasons for the modification; and (c) its rejection or acceptance of the draft plan; and (d) any determination made under subsection (3) . (4) In requiring a part of a draft plan to be modified, the Panel may give directions as to the explanatory material to be included in the public notification of the modified part and to be made available for public inspection. 30. Modification of draft plan (1) If the Panel rejects a draft plan, the planning authority, within any period the Panel allows, must submit to the Panel a modification to the draft plan. (2) The provisions of this Division, other than sections 15 (2) , 20 and 25 (1) , apply in relation to the modification of a draft plan. (3) If the Panel directs that a specified part of a draft plan be modified – (a) the planning authority, within any period the Panel allows, must submit to the Panel the modification of that part; and (b) the provisions of this Division, other than sections 15 (2) , 17 , 20 and 25 (1) , apply in relation to the modified part. (4) If the Panel determines under section 29(3) that a modification of a draft plan is not of a substantial nature, it may direct that the provisions relating to public exhibition, representation and hearings do not apply to that modification. 31. Final approval of draft plan (1) The Panel must recommend to the Minister that the draft plan be approved if satisfied that – (a) the draft plan including any modification to the plan is acceptable; and (b) the draft plan contains any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under section 17A(1) , requires the Panel to include in the draft plan or any draft plan. (2) The Panel must make its recommendation not later than – (a) 3 months after – (i) receipt of the report under section 28 ; or (ii) if any part of the draft plan is required to be modified, the day on which the report in relation to the modified part was submitted, or if more than one report was submitted, the day on which the last report was submitted; or (b) any later day the Minister approves. (3) The Minister, after considering any recommendation, may – (a) give final approval to the draft plan by signing the draft plan; or (b) refuse to give final approval to the draft plan. (4) If the Minister gives final approval to a draft plan – (a) the Minister must advise the Panel and the planning authority of the approval; and (b) the planning authority must advertise the approval by public notice. (5) If the Minister refuses to give final approval to a draft plan, the Minister is to refer the draft plan back to the Panel – (a) indicating any concerns the Minister has with the draft plan; or (b) seeking further information. Division 2 - Amendment of marine farming development plans 32. Requirements for preparation of amendment (1) An amendment of a marine farming development plan may make any provision which relates to the use, development, protection or conservation of any thing in the area to which the amendment relates. (2) An amendment of a marine farming development plan – (a) must comply with sections 21 and 22 ; and (ab) must not extend the area to which the plan applies in relation to finfish farming so as to include an area of State waters, or an area that adjoins State waters, that is within a finfish marine farming exclusion zone under section 19A; and (ac) must contain any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under section 17A(1) , requires the Panel to include in the draft amendment or any draft amendment; and (b) must not delete a marine farming zone from the plan; and (c) must not reduce the maximum leasable area within a marine farming zone; and (d) must not have the effect of making existing marine farming in the area significantly less viable. 33. Request for amendment of marine farming development plan (1) Once a marine farming development plan has been in operation for at least 2 years, a person ("applicant") may request that it be amended. (2) The request is to be made to the planning authority in a form approved by that authority. (3) Within 35 days after receiving the request or any longer period the Panel allows, the planning authority must make a recommendation to the Panel as to whether the amendment should be made. (4) After considering the recommendation under subsection (3) , the Panel may – (a) approve the making of the amendment; or (b) refuse to approve the making of the amendment. (5) As soon as practicable after making a decision under subsection (4)(a) , the Panel must seek the Minister's approval to direct the planning authority to prepare the draft amendment. (6) If subsection (4)(a) applies and the Minister gives the approval sought under subsection (5) , then, as soon as practicable after obtaining that approval, the Panel must – (a) direct the planning authority, in writing, to prepare the draft amendment; and (b) serve notice of the approval and the direction on the applicant. (7) If subsection (4)(a) applies but the Minister refuses to give the approval sought under subsection (5) , then, as soon as practicable after being informed of that refusal, the Panel must serve notice of that refusal on the applicant. (8) If subsection (4)(b) applies, then, as soon as practicable after making its decision, the Panel must serve notice of the refusal and the reasons for the refusal on the applicant. (9) If – (a) subsection (4)(b) applies; or (b) subsection (4)(a) applies but the Minister refuses to give the approval sought under subsection (5) – the planning authority must not, in the 2-year period immediately following the date of the relevant refusal, consider or action any request for the making of a substantially similar amendment to the same marine farming development plan. 34. Amendment of marine farming development plan (1) Notwithstanding section 33 , the Panel may at any time decide that an amendment to a marine farming development plan is desirable – (a) in response to a request from the planning authority; or (ab) in response to a request from the Director, EPA in relation to finfish farming; or (b) of its own motion; or (c) at the request of the Minister. (2) On making a decision under subsection (1) , the Panel may direct the planning authority, in writing, to prepare the draft amendment. (3) However, if subsection (1)(a) or (b) applies, the direction may be given only with the Minister's prior approval. 35. Certification of draft amendment (1) Within 10 weeks after being given a direction under section 33(6)(a) or section 34(2) or any longer period the Panel allows, the planning authority must prepare a draft amendment and, unless it is withdrawn pursuant to section 36 , submit it to the Panel. (2) Within 28 days after the submission of a draft amendment or any longer period the Minister allows, the Panel, if it considers that – (a) it is suitable for exhibition, must certify the draft amendment accordingly and refer it to the Minister for approval for it to be publicly exhibited; or (b) it is not suitable for exhibition – (i) must alter it as the Panel considers necessary or expedient and then refer it to the Minister for approval for the draft amendment, as so altered, to be publicly exhibited; or (ii) by notice in writing to the planning authority, must specify the respects in which it is not suitable for exhibition and a period within which a revised draft amendment must be submitted to the Panel. (3) A draft amendment is suitable for exhibition if it – (a) complies with sections 21 and 22 ; and (ab) contains any matter relating to environmental management of finfish farming that the Director, EPA, in a notice under section 17A(1) , requires the Panel to include in the draft amendment or any draft amendment; and (b) is accompanied by an environmental impact statement; and (c) . . . . . . . . (d) in the opinion of the Panel, complies with any other matter the Panel thinks fit. (4) Subsections (2) and (3) apply in relation to the revised draft amendment as if it had not previously been submitted to the Panel. 36. Withdrawal of draft amendment (1) The Panel, with the Minister's approval, may withdraw a draft amendment at any time before the end of the period referred to in section 35 (1) . (2) If the Panel withdraws a draft amendment, the Panel must – (a) serve notice of the withdrawal on – (i) the Minister; and (ii) if the amendment was requested by the planning authority, on the planning authority; and (b) give any other notice as it sees fit. 37. Panel may dispense with certain requirements (1) The Panel may recommend to the Minister that sections 23 , 35(3)(b) , 38 , 39 , 40 and 41 do not apply in relation to a draft amendment if satisfied that the draft amendment – (a) is to correct an error; or (b) is not of a substantial nature; or (c) is to remove any anomaly to clarify or simplify the marine farming development plan. (2) The Minister, after considering a recommendation from the Panel, may – (a) agree that sections 38 to 41 do not apply to the draft amendment; and (b) give final approval to the draft amendment under section 42 . (3) The Panel may determine that a modification to a draft amendment is not of a substantial nature. (4) If a Panel makes a determination under subsection (3) – (a) an environmental impact statement is not required; and (b) sections 38 , 39 , 40 and 41 do not apply in relation to the modification to a draft amendment. 38. Public exhibition of draft amendment (1) The Minister may – (a) give approval to the public exhibition of a draft amendment; or (b) refuse to give approval. (2) If the Minister gives approval to the public exhibition of a draft amendment, the planning authority must – (a) within 3 weeks or any longer period the Panel allows, publicly exhibit a copy of the draft amendment for at least 3 weeks and not more than 2 months; and (b) by public notice advertise – (i) the place at which the draft amendment is exhibited; and (ii) the period during which it is to be exhibited; and (iii) the place at which a copy of the draft amendment may be obtained; and (iv) any cost of obtaining a copy of the draft amendment; and (v) that written representations may be made under section 39 to the planning authority in relation to the draft amendment; and (vi) the date by which representations are to be lodged; and (vii) the place of lodgment of representations; and (viii) that a hearing may be requested under section 39 in relation to a representation. 39. Representations in respect of draft amendment (1) A person may submit representations in relation to a draft amendment exhibited under section 38 . (2) A representation – (a) is to be made in writing; and (b) is to state the name of the person making the representation; and (c) is to be accompanied by a written request for a hearing if the person wishes a hearing to be conducted in relation to that representation; and (d) is to state the address for receipt of any notice in relation to the hearing; and (e) is to be lodged by the date and at the place specified pursuant to section 38(2)(b)(vi) and (vii) . 40. Report of representations relating to draft amendment The planning authority, within 35 days after the period specified in a notice under section 38 (2) (b) (ii) or a longer period the Panel allows, must forward to the Panel a report comprising – (a) a copy of each representation it received in relation to the draft amendment or, if no representation has been received, a statement to that effect; and (ab) a copy of each request received under section 39(2)(c) or, if no request has been received, a statement to that effect; and (b) a statement of the planning authority's opinion as to the merit of each representation; and (c) a statement regarding – (i) the need for any modification of the draft amendment in the light of any representation; and (ii) the impact of any representation on the draft amendment as a whole; and (d) any appropriate recommendation in relation to the draft amendment. 41. Consideration by Panel of draft amendment, &c. (1) As soon as practicable after it receives a report under section 40 or a referral under section 42(3)(b) in relation to a draft amendment, the Panel must consider any matter, relating to environmental management of finfish farming, that it is required by the Director, EPA, in a notice under section 17A(1) , to consider and must, as the case requires – (a) consider the draft amendment and report; or (b) reconsider the referred draft amendment and the concerns indicated by the Minister. (2) After complying with subsection (1) , the Panel must make a determination to – (a) recommend to the Minister that the draft amendment be accepted without change; or (b) modify the draft amendment; or (c) direct the planning authority to modify the draft amendment; or (d) recommend to the Minister that the draft amendment be rejected. (3) If subsection (2)(b) applies, the Panel must – (a) modify the draft amendment; and (b) notify the planning authority in writing of its determination and the reasons for making it, and of the modification. (4) If subsection (2)(c) applies, the Panel must – (a) notify the planning authority in writing of its determination and the reasons for making it, and of the required modification; and (b) by the same notification, direct the planning authority to make the required modification. (5) The provisions of this Division, other than sections 33 and 34 , apply in relation to the modification of a draft amendment as if it were a draft amendment. 41A. Recommendation of Panel on draft amendment (1) On making a determination under section 41(2)(a) or (d) , the Panel must notify the Minister in writing of the relevant recommendation. (2) The Panel must give the notification under subsection (1) not later than – (a) 3 months after receipt of the relevant report under section 40 ; or (b) any later day the Minister approves. 42. Final approval or refusal of draft amendment (1) After considering a notification under section 41A(1) in respect of a draft amendment, the Minister may – (a) give final approval to the draft amendment; or (b) give final approval to the draft amendment subject to such alterations as the Minister, on his or her own motion, considers necessary or expedient; or (c) refuse to give final approval to the draft amendment. (2) For the purposes of exercising his or her power under subsection (1) , the Minister may at any time seek further information from the Board, Director, EPA, Panel or planning authority. (3) If the Minister refuses to give final approval to the draft amendment, the Minister may, as the circumstances require – (a) advise the Panel and the planning authority that he or she has accepted the Panel's recommendation to reject the draft amendment; or (b) refer the draft amendment back to the Panel, indicating any concerns the Minister has with the draft amendment. (4) If the Minister gives final approval to the draft amendment – (a) the Minister must advise the Panel and the planning authority of the final approval and, if subsection (1)(b) applies, the relevant alterations; and (b) as soon as practicable after receiving the advice under paragraph (a) , the planning authority, by public notice, must advertise the final approval and, if subsection (1)(b) applies, the relevant alterations. (5) The Minister may give final approval to the draft amendment by – (a) signing the draft amendment (after incorporating any alterations made under subsection (1)(b) ) and notating the approval on the relevant marine farming development plan; or (b) signing a replacement marine farming development plan. (6) If the Minister gives final approval to the draft amendment – (a) the amendment as so approved prevails over an existing marine farming development plan to the extent of any inconsistency; and (b) a marine farming development plan replaced by the amendment as so approved ceases to have effect on the signing, by the Minister, of the replacement marine farming development plan. 42A. Minister to notify Parliament of approval or refusal of draft amendment in certain circumstances If the Minister – (a) makes a decision under section 42(1)(a) or (c) that is not in agreement with the relevant recommendation of the Panel; or (b) makes a decision under section 42(1)(b) and the relevant recommendation of the Panel was that the draft amendment be rejected, or the relevant recommendation of the Panel was that the draft amendment be accepted without change and the Minister's alterations are substantive (not merely formal, clerical or trivial) – the Minister is to cause a notice of the decision and the reasons for it (by reference to the purpose and objectives of this Act) to be tabled in each House of Parliament within 15 sitting-days after making the decision. Division 3 - Emergency arrangements 43. Emergency order (1) A lessee or an employee or agent of a lessee may apply to the planning authority for an emergency order if – (a) there is likely to be a substantial deterioration in the quality of the water within the lease area; or (b) there is pollution which affects or is likely to affect the water imminently; or (c) pests or diseases affect or are likely to affect the water or fish in the lease area. (2) An application is to – (a) be in writing or by telephone; and (b) give details of the circumstances which necessitate an emergency order; and (c) be lodged with the planning authority. (3) The planning authority may issue an emergency order on application or on its own instigation if satisfied that the circumstances warrant it on any conditions it considers appropriate. (4) An emergency order may provide for any matter – (a) which is appropriate to the circumstances; and (b) for which a marine farming development plan may provide. (5) A person must not apply for an emergency order unless there are reasonable grounds for believing that the matters referred to in subsection (1) exist or are likely to exist. Penalty: Fine not exceeding 50 penalty units. (6) A person must comply with an emergency order. Penalty: Fine not exceeding 50 penalty units. (7) The planning authority must, as soon as practicable after issuing an emergency order that relates to finfish farming, and in any case within 24 hours, notify the Director, EPA of the issue of the order and provide to him or her a copy of the order. 44. Operation of emergency order (1) An emergency order is in force for 14 days from the date on which it is issued. (2) The planning authority may extend an order, on application by the lessee, for a further period not exceeding 14 days on any conditions it considers appropriate. (3) An emergency order overrides any marine farming development plan to the extent of any inconsistency. (4) The planning authority must, as soon as practicable after extending an emergency order that relates to finfish farming, notify the Director, EPA of the extension of the order and any conditions imposed on the extension. 45. Emergency plans (1) The planning authority may prepare a draft emergency plan in respect of any lease area or other area providing for any matter which a marine farming development plan may provide if satisfied that – (a) there is likely to be a substantial deterioration in the quality of the water within a lease area; or (b) there is pollution which substantially affects or is likely to substantially affect the water or fish in a lease area; or (c) pests or diseases affect or are likely to affect substantially the water or fish in a lease area. (1AA) An emergency plan must include any matters relating to environmental management of finfish farming that the Director, EPA requires to be included in such a plan. (1A) An emergency plan may include a provision restricting or prohibiting the use of a lease area for a specified period. (2) The planning authority must submit the draft emergency plan to the Panel and to the Director, EPA. (3) The Panel must – (a) consider the terms of the draft emergency plan and the circumstances requiring the plan; and (b) recommend a course of action to the Minister including any conditions the Panel thinks fit. (4) The Minister may approve the emergency plan if satisfied that – (a) the circumstances warrant the plan; and (b) the conditions in the draft emergency plan are appropriate to the circumstances. (5) If the Minister approves an emergency plan, the planning authority, by public notice, must advertise – (a) the effect of the emergency plan; and (b) the date on which the emergency plan takes effect. (6) A person must comply with the provisions of an emergency plan. Penalty: Fine not exceeding 50 penalty units. 46. Operation of emergency plan (1) Subject to subsection (3) , an emergency plan is in force from 2 years from the date on which it takes effect. (2) An emergency plan overrides any marine farming development plan applying to the same area to the extent of any inconsistency. (3) An emergency plan ceases to be in force if – (a) the Minister, by notice published in the Gazette, revokes it; or (b) each House of Parliament passes a resolution disallowing it; or (c) it is superseded by another emergency plan or a marine farming development plan. (4) The planning authority in relation to an emergency plan that relates to finfish farming must notify the Director, EPA as soon as practicable after the emergency plan ceases to be in force. 47. Exemption from emergency plan (1) Any person may apply to the Minister to be exempted from any provision of an emergency plan. (2) An application is to be – (a) made in writing; and (b) accompanied by the prescribed fee; and (c) lodged with the Minister. (2A) The Minister must consult with the Director, EPA before determining whether or not to grant an exemption from an emergency plan that relates to finfish farming. (3) The Minister may – (a) grant the exemption with or without any conditions; or (b) refuse to grant the exemption. (4) The Minister, by notice in writing, is to notify the applicant of – (a) the decision; and (b) the reasons for any refusal. (5) The Minister must notify the Director, EPA of the grant of an exemption from an emergency plan that relates to finfish farming and provide the Director, EPA with a copy of the exemption. Division 4 - Review 48. Review of marine farming development plans (1) The planning authority must review a marine farming development plan when required to do so by the Minister or at least once every 10 years to ensure that the objectives of resource management, having regard to any relevant changing circumstances, are achieved to the maximum extent possible. (2) If the planning authority considers that a marine farming development plan should be modified as a result of the review, it is to notify the Minister accordingly. (3) If the Minister is of the opinion that the marine farming development plan requires modification – (a) the Minister is to direct the planning authority to prepare a draft modification; and (b) the provisions of Division 1 of this Part, other than sections 15(2) , 16 , 17 and 25(1) , apply in relation to a draft modification to the plan as if it were a modification to a draft marine farming development plan; and (c) the marine farming development plan ceases to have effect on the date the Minister gives final approval to the plan as modified. (4) A marine farming development plan approved as a result of a review prevails to the extent of any inconsistency over any other marine farming development plan existing at the date of the approval and continuing in existence after that date. (5) A lease in respect of an area that is covered by a marine farming development plan approved as a result of a review remains in force for the remainder of the period for which it was granted if a marine farming development plan does not provide for – (a) the relocation of the lease area; and (b) the continued marine farming under a marine farming licence of the species of fish being farmed within the lease area as at the date of approval of the marine farming