Aquaculture application procedures should have public consultation phases similar to the WAPC and EPA models. 2, a new single application process for marine farming permits is adopted, which includes public consultation procedures.
Background
Marine Farming and Resource Equity
In Western Australia, rapid growth in aquaculture and pearling in recent years has led to similar community concerns, with conflict occurring between recreational, fishing and aquaculture interests competing for water resources and distribution (BSD 1997). In the Dampier Archipelago competition between industry, recreation and conservation interests, together with a lack of water suitable for pearling and aquaculture proposals led to calls for detailed planning of the area's waters, greater community input into planning proposals and lease, and for clarification of Department of Fisheries Procedures for handling applications (Driscoll 1996), (Fraser 1996).
Applications for Leases and Licences
The Study Brief
Methodology
Pearling and Aquaculture Application Processes
Inter-Departmental Committee for Aquaculture (IDCA)
Pre-application Procedures
Conclusions
3 SUMMARY OF ISSUES MADE DURING THE CONSULTATION PROCESS The following represents a summary of comments made during the consultation process.
Public Consultation
Application Processes
The Fisheries Department should advertise major proposals, allow sufficient time for a considered response and provide feedback to submitting organisations.
Transparency and Accountability
Equity and Resource Sharing
Planning for Marine Farming
An audit of suitable sites for marine farming on the Western Australian coast can quickly identify what can be made available without conflict with recreational fishing.
The CALM Marine Planning Process
Objections and Appeals
Native Title
Aboriginal groups are forming their own structures to deal with aquaculture consultation and referral. The traditional understanding of community rights to particular areas within an area can be determined within these structures and advice can be given to the Department of Fisheries on the areas to which different groups have rights.
Ecologically Sustainable Development
Public Information and Education
Time to Process Applications
Conclusions
4 PLANNING AND USE PROCEDURES USED IN OTHER COUNTRIES Planning and use assessment procedures used in other countries were reviewed to identify a suitable process that could provide a model that WA could follow, or that could helped in dealing with the questions raised. These states faced similar issues to those faced by Western Australia and both responded with a moratorium on applications until comprehensive planning studies were completed and extensive community consultation processes were legislated.
Aquaculture Planning in Tasmania
- Tasmanian Legislative Provisions
- Preparation of Marine Farming Development Plans
- Allocation of Marine Farm Zones
- Industry Comment
These will cover entire districts or regions (such as bays and estuaries) as well as individual farms, thereby replacing the need to undertake ad hoc and country-by-country assessments; .. the identification in these plans of Marine Agricultural Zones, selected and carefully defined areas in which agriculture itself can be developed; .. the need to monitor and manage the environmental impact of all proposals for marine agriculture; .. the opportunity for broad community input in development plans; .. expanding and strengthening provisions covering licensing, management controls and economic return to the community. These plans are the most innovative feature of the new system and constitute its basic mechanism. The Aquaculture Development Plans process appears to be successful in identifying new areas available for aquaculture and in providing significant increases in acreage for existing farms.
Mr Hamlyn-Harris advised that the new legislation is not a bad system, but "accountability" has led to abuses of the process and people have been allowed to put off applications unreasonably. Marine Agricultural Zones have been approved in three zones, but there have been few allocations under the zones.
Planning for Aquaculture in South Australia
Management Plans
Generally, there has been a low level of concern in the community, but where concerns have been expressed, the new processes appear to provide transparent and acceptable forums for working through these concerns. This is reflected in the results from the first few of the new plans, where e.g. a 300 percent increase in area for the Huon River Estuary Plan was achieved with only two objections, both of which were resolved by the Review Panel via the public hearing process. Significant increases in production, income and employment are expected in the region in the next few years.
Mr Richard Hamlyn-Harris of the Tasmanian Aquaculture Council and Chair of the Australian Aquaculture Forum was consulted on the Tasmanian process and he advised that the new process is very good, but it does have its shortcomings. The biggest problem is in the level of public appeals that have clogged the system, even though the new process of planning for aquaculture in a structured way has been a great improvement.
Analysis
Conclusion
Statutory Application Processes and Public Consultation
Pro-active systems where there is an existing overall plan for the area that has been developed in consultation with the community and equity questions have already been largely resolved. Reactive systems where fairness questions must be addressed as part of the application process. Depending on their scope, applications to commence development under town planning schemes are normally processed by the agency within a statutory period to ensure compliance with statutes, relevant policies and the planning scheme itself.
Public advertising would normally only occur for a major proposal likely to have a significant impact, or a proposal that was not immediately consistent with the planning context or established policies. If a proponent's land is not appropriately zoned for the intended use, it will be necessary to change part of the planning scheme.
Comparison of Local and Interstate Procedures for Public Consultation
Conclusions
In most cases, the appeal provisions are limited to an aggrieved applicant and there is no right for the public to appeal. The subsequent process involves public announcement of a comprehensive and sustainable application which addresses all the issues and policies likely to arise during the process.
Application of WAPC and EPA Procedures to Marine Farming Authorisations The relevance of the EPA and WAPC processes to this review is that
Use of the Planning System
Conclusions
Extending statutory planning schemes to cover marine areas is not a viable option for processing marine agricultural applications, or for resolving resource allocation issues. Participation in regional planning studies, coastal plans and estuarine planning studies, and their extension to cover offshore mariculture, should be a priority of the Fisheries Department.
The EPA and Planning Systems as Models
Conclusion
Processing Marine Farming through the Planning System as a “Contract”
Conclusion
The Environmental Impact Assessment Process
Conclusions
The card called for consideration of a single application process for aquaculture applications and whether legislation might need to be changed to achieve this.
Proposed Process
This is consistent with the suggestion that the Department of Fisheries should have a filtering role and that an interagency agreement with the EPA would be desirable to coordinate procedures. If a decision on an informal assessment was made, that decision would still be published and the proposal would go through the Ministry of Fisheries process. A joint advertisement stating that the public can send comments to the Department of Fisheries would be appropriate.
Where it is decided in joint scoping that the environmental issues are not significant and that referral to the EPA is not required, the application will go through the Fisheries Department process. If joint scoping had identified that there may be significant equity issues, the Ministry of Fisheries would advertise for public comment.
Public Consultation
The introduction of an early review provision while preserving existing objection rights at the end of the process would be consistent with the EPA process and closest comparable legislation and is recommended. Legislative amendment would be necessary in both cases, but it is believed that there is no legal impediment to administratively introducing the proposed procedures on a trial basis.
Conclusions
As many of the proposed new measures are already part of the Fisheries Department's current practice, early introduction of the new system for testing before the introduction of legislation would be desirable. A single application process is not hindered by the different routing of pearl and aquaculture applications to the Broome office of the Fisheries Department and the IDCA, as these are internal, non-statutory procedures of the Fisheries Department;. It would not be feasible to use the WAPC planning system as a clearinghouse for marine farming authorizations because most of the judgments and assessments required are primarily for the Fisheries Department.
The best way to do this would be to use the considerable research capacity and knowledge base of the Department of Fisheries in joint studies with CALM on marine capacity, recreational and commercial fishing and environmental effects. 5 The Department of Fisheries should use its considerable research capacity to provide baseline data for planning.
CONSULTANCY BRIEF
The groups that will be involved in the consultation process are: - Advisory Committee for the Pearl Industry. Waters and Rivers Commission Department of Transport Department of Planning Aquaculture Council Pearl Producers Association of WA.
Submissions and Consultations
List of Conclusions
Current Pearling and Aquaculture Application Processes
Planning and Application Procedures Used in Other States
Comparison of Local and Interstate Procedures for Public Consultation
The application procedures for perling and aquaculture authorizations do not fare well compared to other systems in terms of public consultation. Pearl and aquaculture application procedures should have public consultation phases similar to the WAPC and EPA models. Processing Aquaculture through the Planning System as a “Contract” Agreement It would not be feasible to use the WAPC planning system as a clearinghouse for aquaculture authorizations because most of the judgments and assessments required are primarily for the Department of Fisheries .
A Single Process for Marine Farming Authorisations
A ministerial policy guideline should be introduced to cover public consultation and advertising in application procedures and provide a way to meet the public's expectations for transparency.
Western Australian Planning Commission Procedures
Planning policy is made by the Commission and local government to provide guidance on matters relating to planning, land use and development. There are two levels of town planning schemes in Western Australia: the regional scheme and the local government town planning scheme. The Commission and local government will take into account the provisions of the MRS, the local town planning scheme and any structural plans or planning policies when determining the development application.
An appeal by an applicant for subdivision or development approval may be made to either the Minister of Planning or the Town Planning Appeals Tribunal, if the Commission or local authority has exercised discretion in deciding the application. There is a general right of appeal for the public against decisions in urban planning or planning change processes, but only for environmental matters.
Environmental Impact Assessment Procedures of the EPA
