Applying for an Aquaculture Licence on Private Land in Western Australia
Aquaculture Licences
If you are conducting commercial aquaculture in Western Australia you require a licence under Section 90 of the Fish Resources Management Act 1994.
There are a number of exceptions to the requirement to hold an aquaculture licence. For example, special arrangements exist for property owners in a certain area wishing to harvest yabbies, koonacs and gilgies to sell to the holder of an aquaculture licence. It is important to contact a licensing officer of the Department of Fisheries or consult the section "Do You Need an Aquaculture Licence?" if you are in doubt as to whether you require a licence.
Why are Aquaculture Licences needed?
Licences are required to ensure that the activities being carried out are unlikely to adversely affect other fish or the aquatic environment, are in the better interests of the aquaculture industry, and have been approved by other relevant authorities. All licence holders are required to submit production returns and from this information production statistics are compiled and the value of the industry is estimated. The Department of Fisheries has a statutory requirement to report to Parliament on the progress of the industry and uses these production returns to assist industry through research programs and other development strategies.
Getting an Aquaculture Licence
An application for an Aquaculture Licence must be made on the correct form and should be submitted to the licensing branch of the Department of Fisheries when completed. The licensing assessment procedure varies, depending on whether the farm is to be situated on private (freehold) land or on leased crown land or coastal waters. Applications for aquaculture licences in coastal waters are processed in accordance with Ministerial Policy Guideline No. 8 "Assessment of applications for authorisations for Aquaculture and Pearling in coastal waters of Western Australia". A copy of this guideline is available from the Department of Fisheries. Land-based proposals on crown land are referred to the relevant Government departments and interest groups.
Applications for aquaculture licences on private (freehold) land may require approval from several authorities. These approvals need to accompany the application to the Department of Fisheries.
The approvals required are:
- Local Government
The relevant Local Government Authority in the area where your property is located needs to confirm in writing that the development may proceed and that the proposed aquaculture activity is appropriate in the wider zoning context of current regional or town plans. This approval must accompany an aquaculture licence application.
- Water & Rivers Commission (WRC)
Aquaculture farms located outside declared public drinking water source areas are considered to pose a low risk if well located, designed, constructed and managed. The WRC has licensing, approval and advisory powers in relation to water extraction, as well as alteration of the bed and banks of waterways.
If your proposed aquaculture activity:
- involves a bore/soak in a proclaimed Groundwater Area;
- requires a stream diversion;
- is located inside a declared public drinking water source area; or
- involves alteration of the bed or banks or a waterway,
you may need written approval from the WRC. Guidance on local designated Water Reserves such as Groundwater Areas is available at Regional Offices of the WRC. For further information on WRC requirements, please consult the WRC brochure entitled "General Guidelines for Acceptability of Aquaculture Projects" which is available from the Department of Fisheries or WRC.
- Environmental Protection Authority (EPA) & Department of Environmental Protection (DEP)
The EPA has lead responsibility to protect the environment in WA. It also provides input to the Department of Fisheries concerning the ecologically sustainable development of aquaculture in WA. The DEP provides advice and technical services to the EPA. While the EPA and the DEP are separate entities, the DEP may advise the EPA on environmental issues.
If a proposed aquaculture development:
- involves land clearing of remnant or native vegetation; and/or
- has potential to cause impacts on waterways or the marine environment; and/or
- would result in discharge of pollutants (including nutrients in effluent) in excess of the Water and Rivers Commission guidelines for aquaculture;
- Natural waters: aquaculture premises incorporating supplementary feeding of marine, estuarine or freshwater finfish or prawns in enclosures in naturally occurring waters; or
- Ponds or Tanks: aquaculture premises incorporating supplementary feeding of marine, estuarine or freshwater finfish or prawns in ponds or tanks, that discharge waste into waters or on to land and have a biomass of 1000 kg or more.
then the proposal may need to be referred to the EPA. In these cases proponents will be required to provide information on the potential environmental impacts of the development and the proposed management mechanisms to minimise these impacts.
A referral to the EPA should be made on the EPA referral form which is available on the website. Proposals can be referred to the EPA by the DEP, the Local Government Authority, Department of Fisheries or any other party. Monitoring of impacts is likely to be a condition for aquaculture proposals assessed by the EPA.
Under Schedule 1, Part 1 of the Environmental Protection Regulations 1987, there are two Categories of aquaculture developments where a DEP works approval must be obtained prior to construction and a DEP licence must be obtained prior to commissioning or operating the facility. These are:
Application forms for works approvals and licences can be obtained from the DEP website. Monitoring of discharges to the environment will be required as a condition of licence.
- Translocation Approval
In accordance with Regulation 176 of the Fish Resources Management Regulations 1995, a person must not bring into the State, or a particular area of the State, a live fish not endemic to the State, or that area of the State, other than in accordance with:
- the written approval of the Executive Director of the Department of Fisheries; or
- the written authority of the Executive Director of the Department of Fisheries.
Therefore, if you propose to bring into an area of Western Australia a species that is not native to the area, translocation approval or authority will be required. Proponents should complete the form "Application for an Authority to bring into Western Australia, or an area of Western Australia live non-endemic fish" and you may need to complete a translocation synopsis insert. This form should be lodged concurrently with the aquaculture licence application. Please contact the Department of Fisheries on (08) 9482 7333 for further details.
- Approval to Clear Land
By law, the owner or occupier of any land in the State must give at least 90 days notice of his/her intention to clear land to the Office of the Commissioner of Soil and Land Conservation. Please contact the Office of the Commissioner for further details on (08) 9368 3282.
References
"A Guide To Environmental Impact Assessment In Western Australia" EPA 0216-0793-5000 (containing App 11, an Environmental Review Application form) (1993).
"Guidelines for Aquaculture Proposals" DEP Evaluation Division, undated; with attached "General Guidelines for Acceptability of Aquaculture Projects" Water and Rivers Commission, June 1996.
The National Water Quality Management Strategy (NWQMS) (incorporating the Australian and New Zealand Guidelines for Fresh and Marine Water Quality) www.ea.gov.au/water/quality/nwqms/index.html
Department of Environmental Protection and the Environmental Protection Authority - www.environ.wa.gov.au
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