SECTION 6 THE SHARK BAY DRAFT AQUACULTURE PLAN
6.6 E NVIRONMENTAL M ANAGEMENT OF A QUACULTURE
6.6.4 Regulatory Mechanisms
6.6.4.1 Fish Resources Management Act 1994
the Fish Resources Management Act 1994 (FRMA). Prior to granting an aquaculture licence, the Executive Director of the Department of Fisheries must be satisfied that:
• The person is ‘fit and proper’ to hold such a licence;
• The proposal is in the better interests of the aquaculture industry;
• The activities to be conducted under the licence are unlikely to adversely affect other fish or the aquatic environment; and
• The application has been approved by other relevant agencies.
Applications for the aquaculture of pearl oysters P. maxima are assessed under the provisions of the Pearling Act 1990.
In its assessment of aquaculture applications, the Department of Fisheries takes into account matters such as disease management, translocation of non-endemic species, health management protocols, and water quality monitoring. Licence conditions may be imposed as relevant.
To ensure applications are considered in the context of World Heritage Property values, the Department of Fisheries refers all applications in the Shark Bay World Heritage Area for comment to:
• The Department of Environment (DOE);
• The Department of Conservation and Land Management (CALM);
• The Marine Parks and Reserves Authority (MPRA);
• The Shark Bay World Heritage Scientific Advisory Committee; and
• The Shark Bay World Heritage Community Consultative Committee.
Approval is required from the Minister for the Environment in accordance with Section 92 (5) (a) of the FRMA for all proposals in an area of a marine park where aquaculture is permitted and in marine management areas. Once all other clearances for an application have been obtained, the Minister for Fisheries seeks approval from the Minister for the Environment.
Details of the Department of Fisheries processes for assessing applications are dealt with in section 7 below.
6.3.4.2 Environmental Protection Authority (EPA) and Department of Environment
The EPA has lead responsibility for ensuring that the environment is protected in Western Australia and provides input to Department of Fisheries concerning the ecologically sustainable development of aquaculture in Western Australia.
The proposed aquaculture development may need to be referred to the EPA if it:
• Involves land clearing of remnant or native vegetation; and/or
• Could impact on adjacent waterways and the marine environment; and/or
• Would result in discharge of pollutants (including nutrients in effluent) in excess of the Water and River Commission guidelines for aquaculture; and/or
• Requires works approval and a licence from the DOE.
In these cases proponents are required to provide information on the potential environmental impacts of the project and the proposed management mechanisms to minimise these impacts.
The DOE, the Local Government Authority, the Department of Fisheries or any other party can refer proposals to the EPA.
The DOE takes into account the document “Guidance for the Assessment of Environmental Factors - Assessment of development proposals in Shark Bay World Heritage Property” when assessing applications in the Shark Bay area.
Given the World Heritage value of the area, few proposals (if any) would not require referral to the EPA. The EPA then determines the level of assessment, which is usually either:
• Not assessed;
• Not assessed, but public advice given; or
• Formal environmental impact assessment under the Environmental Protection Act 1986.
In the Shark Bay World Heritage Area, a formal environmental impact assessment under the Environmental Protection Act 1986 enables setting of environmental conditions by the Minister for the Environment (in consultation with the Commonwealth). In determining the level of assessment, the EPA is seeking support of decision-making authorities to manage the proposal in accordance with its advice. There is provision to appeal the level of assessment that is set.
6.3.4.3 Environment Protection and Biodiversity Conservation Act 1999
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires that, notwithstanding relevant State approval processes, any action that has the potential to affect a
‘matter of National Environmental Significance’ (whether this action is undertaken in Commonwealth land/water or otherwise) be approved under the EPBC Act. The EPBC Act defines these matters as:
• World Heritage properties;
• Ramsar wetlands;
• Nationally threatened species and ecological communities;
• Migratory species;
• Commonwealth marine areas; and
• Nuclear actions (including uranium mining).
The Act provides the opportunity for bilateral agreements to be established between the Commonwealth and State, which would accredit the State environmental assessment and/or approvals processes. State Government is currently considering these opportunities.
In the meantime, a person proposing to take an action, which has the potential to affect a matter of National Environmental Significance, must refer the proposed action to the Commonwealth Environment Minister. An action does not require approval if it is a lawful continuation of a use of land, sea or seabed that was occurring before the commencement of the Act. All new applications and variations (which may be interpreted as enlargements, expansions or intensifications) to existing operations will be required to meet the requirement of the EPBC Act.
As a consequence of the EPBC Act, all applicants for authorisations in the Shark Bay World Heritage Area are advised to refer their proposal to the Commonwealth Environment Minister.