Planning Guidelines for Land Based Aquaculture in Victoria

Fisheries Management Paper

No.21 September 2005

ISSN: 1448-1693

ISBN: 1 74146 363 7Preferred way to cite this publication:

Department of Primary Industries (2005). Planning Guidelines for Land Based Aquaculture in Victoria. Fisheries Victoria Report Series No.21.

Follow the links to Management Fisheries, Management Plans and Strategies

Disclaimer:

This publication may be of assistance to you, but the State of Victoria and its employees do not guarantee the publication is without flaw or is wholly appropriate for your particular purposes and therefore disclaims all liability for an error, loss or other consequence which may arise from you relying on any information in this publication.

This Fisheries Management Report cannot be used in court. Laws change from time to time. It is your responsibility to ensure you are acting within the law. If you are in doubt seek independent legal advice. For other information contact the Customer Service Centre (telephone 136 186 or visit www.depi.vic.gov.au/fishing).

The Department of Primary Industries would like to thank Ocean Wave Seafoods Pty. Ltd. for granting permission to the Department of Primary Industries for the use of the photograph of Ocean Wave Seafoods' farm on the cover of this Report.

This project was substantively funded by the Victorian State Government's Aquaculture Initiative administered by the Department of Primary Industries. Preparation of the Guidelines was supported by input from a steering group comprising industry representatives and representatives of relevant Government agencies and the Fisheries Co-Management Council. The Department of Primary Industries would like to acknowledge the contribution of Daniel Soussan of Ratio Pty Ltd.

Contents

Foreword

Foreword

Aquaculture is an emerging primary industry in Victoria with a strong regional presence and good prospect for future growth. The industry however operates within a complex regulatory environment and its continued growth relies on it demonstrating sustainable use of inland and coastal marine resources.

Despites its recent growth, community knowledge of aquaculture remains generally low with a correspondingly high level of interest in the industries' environmental and amenity impact. The provision of balanced information about the nature of industry may assist in statutory approvals processes while informing the general community. This issue was first raised by an industry taskforce of the Office of Regulatory Reform in its recommendations (1999) and, more recently, in a study of community attitudes to aquaculture (2005).

In some cases, community perceptions of aquaculture are drawn from overseas experiences and popular press that tend to characterise the industry in one basket. In reality, aquaculture features a wide range of farming activities that requires specialist knowledge and systems tailored to meet each species requirements. In Victoria alone, land-based aquaculture involves at least four different production systems and more than ten species spread across all regions.

These guidelines were therefore developed to assist community stakeholders to better understand the nature of key aquaculture farming systems. In doing so, they include a balanced assessment of the likely amenity impacts for key land-based farming systems.

It is hoped the guidelines will directly assist local government planners and other agencies in assessing aquaculture applications and more broadly contribute to the communities' knowledge of this emerging industry. In doing so, it is hoped that community understanding of aquaculture will develop with the industry.

The guidelines were developed under the State Government's aquaculture initiative funding program that aims to promote sustainable industry development.

Minister For Agriculture

1 Introduction

1.1 Purpose

The purpose of the Planning Guidelines for Land Based Aquaculture in Victoria (the Guidelines) is to provide local government planning officers, aquaculture proponents, third parties and the general pubic with a document that:

• enhances knowledge of the aquaculture industry and its value to the Victorian economy and dispels some of the myths associated with land based aquaculture operations;
• explains the nature of the various land based aquaculture systems that may be implemented in Victoria;
• outlines government support for land based aquaculture development; and
• provides a comprehensive planning framework for land based aquaculture proposals.

Planning and responsible authorities are encouraged to consider the Guidelines for Land Based Aquaculture in Victoria, 2004, in their decision-making.

Offshore marine aquaculture systems have been excluded from the scope of these guidelines because the Victorian Planning Provisions (VPP) do not generally apply to marine waters. Hence this study applies only to land based and marine onshore aquaculture systems, although some information about mariculture is included for background context.

1.2 Summary of Contents

• Section 1 - Outlines the purpose of the Guidelines and summarises Government's Policy with respect to land based aquaculture development in Victoria.
• Section 2 - Provides a brief introduction to aquaculture and outlines general industry trends in the global, national and State contexts.
• Section 3 - Provides a more specific insight into the aquaculture industry in Victoria by providing a general overview of the future direction of aquaculture in Victoria, and a description of the major species farmed.
• Section 4 - Provides an outline of the different types of systems used to farm aquaculture species in Victoria.
• Section 5 - Outlines existing government support for aquaculture.
• Section 6 - Provides an outline of the different siting and servicing considerations for aquaculture proposals, including an outline of the principal "critical values" that should be protected.
• Section 7 - Provides an outline of the most likely locations for the establishment of land based aquaculture facilities based on existing experience and anticipated future demand.
• Section 8 - Introduces the Victorian planning system, outlines how aquaculture currently fits within that system, and describes the steps and processes involved with the assessment of planning permit applications.
• Section 9 - outlines the recommended steps that should be undertaken, and the information that should be submitted, in preparing a town planning permit application for aquaculture.
• Section 10 - Outlines matters that are normally relevant to the assessment of aquaculture proposals.
• Section 11 - Outlines legislation and government agencies which affect aquaculture.
• The various Appendices - Outline possible permit conditions for aquaculture and list useful contacts, internet links, publications and references.

1.3 Aquaculture Policy Statements

The Victorian Government is committed to facilitating the sustainable development of aquaculture in Victoria. This commitment is consistent with the Government's vision for the future, Growing Victoria Together, which promotes sustainable development and recognises the economic opportunities that industries, like aquaculture, can bring to regional areas of Victoria.

The State Government has provided $2 million over four years to promote the development of aquaculture in Victoria and stated in their 2003/4 budget policy statement: "…will promote training and industry development assistance to integrated aquaculture and farming…and establish a strategic policy and planning advisory group to advise Government, that draws on industry, scientific, and community expertise to promote and assist the development of aquaculture in Victoria". The advisory group will play a key role in the development of a new aquaculture strategy.

The Victorian Aquaculture Strategy (1998) (the Strategy) represented Victoria's first whole of government commitment to facilitate aquaculture in partnership with industry with a mutual aim to expand the value of the industry on a sustainable basis. The Strategy was developed with the aim of creating a profitable, diverse, ecologically sustainable and well-managed aquaculture industry. Goal Four of the Strategy acknowledges the need to establish a supportive legislative, policy and administrative framework, with one of the tasks being to assist the Office of Regulation Reform (ORR) complete a review of the legislative, administrative and regulatory framework in which the aquaculture industry operates.

The ORR completed its Review of Regulatory Arrangements in the Aquaculture Industry (1999) and made a number of recommendations to improve the regulatory arrangements for the aquaculture industry. This review recommended the development of aquaculture planning guidelines to assist municipal planning authorities in interpreting how the Victorian Planning Provisions relate to different aquaculture production systems (Rec 3.1). It also recognised the potential for some types of aquaculture to be an 'as of right' use in some planning zones (Rec 3.2). These recommendations are the primary policy driver for the commissioning of aquaculture planning guidelines.

2 Aquaculture – an Introduction

This section provides a brief introduction to aquaculture and general industry trends in the global, national and State contexts.

2.1 What is Aquaculture?

Aquaculture is the growing of aquatic organisms under controlled conditions, usually for human consumption.

As well as traditional fish species, aquatic animals and plants, aquaculture products may also include eggs, larvae/fingerlings, brood-stock, ornamental species (aquatic plants and fish), and industrial or cosmetic products.

Land based farming methods include the use of static water bodies such as dams or lakes, water courses such as creeks or rivers, and enclosed recirculation systems.

Climate, geography, government regulation and markets all play a role in determining where aquaculture industries are sited. Australia 's climatic zones range from tropical to cool temperate, so a wide variety of species can be farmed.

As a general overview:

• Pearls, prawns, redclaw, barramundi and crocodiles are produced in the northern tropical regions (Queensland, the Northern Territory, northern Western Australia).
• Atlantic salmon, edible oysters, abalone and mussels are produced in the cooler southern temperate ocean waters.
• Trout, silver perch, Murray cod, yabbies and marron are also produced in the southern inland regions.
• Although a tropical species, barramundi can be farmed in the southern mainland states in heated tank systems. In the future, marine finfish may also be farmed in inland saline water.

2.2 Aquaculture Trends – Global, National and Victorian

Global Trends

Seafood accounts for between 13.8% and 16.5% of the animal protein intake of the global human population.

About 1 billion people rely on fish as their main source of animal protein. Global population, per capita protein consumption and gross domestic product are all estimated to increase over the next 10-15 years. Yet with the majority of wild fisheries stocks now being fully exploited and a growing number of collapsed fisheries, supplies from global marine and inland fisheries have reached a plateau and are unlikely to increase.

Aquaculture is a relatively new global industry that is growing by 11% a year, compared with 3% for terrestrial livestock and little or no growth for wild capture fisheries.

Aquaculture contributes about 30% of global fisheries production, currently worth about A$100 billion per annum. Driving this growth has been increasing world demand for seafood products that the world's wild fisheries are increasingly unable to meet.

Aquaculture production is expected to dominate global fish supplies by 2030, with less than half of the fish consumed coming from wild capture fisheries.

Australian Trends

Aquaculture is the fastest growing primary industry in Australia, increasing in value by an average of 13%a year since 1990. In 2001-02, the gross value of Australian aquaculture production was $733 million, about 30% of Australia's fisheries production.

Major aquaculture products are southern bluefin tuna, pearls, Atlantic salmon, oysters, prawns, trout, mussels, silver perch and barramundi. Nearly 95% of production value comes from these sectors.

The Australian industry directly employs more than 7,000 people and indirectly more than 20,000 people. During the past four years employment in aquaculture has grown by 260 per cent.

It is Australia's sixth fastest growing occupation and the fastest growing occupation within primary industries. Industry has forecasted that by 2010, the aquaculture industry in Australia will achieve annual sales of $2.5 billion, a 335% increase on current production.

The aquaculture industry is currently largely based in regional Australia, and makes a significant and positive contribution to regional development.

Aquaculture adds diversity to a region's economic base and creates demand for educational and training services, development services, infrastructure and locally produced goods.

The global demand for seafood indicates that the Australian aquaculture industry has a considerable potential for growth with corresponding generation of employment and revenue.

Victorian Trends

Victoria produces around $21 million of aquaculture product per year and accounts for around 70% of Australia's trout and 40% of mussels in production value. Trout, mussels and ornamentals (aquarium species) account for more than 90% of Victoria's production. The total value of Victoria's aquaculture production accounts for only 2.8% of the Australian total value.

The Victorian aquaculture industry is progressively becoming more oriented towards market-driven products with greater export potential. With the introduction of abalone into the mix of farmed species, production is expected to exceed $50 million by 2004/05.

In recent years, there has been significant investment in capital infrastructure. The growth in capital investment has occurred in onshore abalone farms and closed production systems or "recirculation aquaculture systems" (RAS).

The abalone sector, for example, has invested in excess of $9 million in recent years, with industry forecast production in 2002 of approximately $15 million.

2.3 Key Attributes For Successful Aquaculture

Australian aquaculture is a relatively new and diverse primary sector industry. Unfortunately, expectations of success in aquaculture are often unrealised and many small and large businesses fail. Potential investors should understand the regulatory, commercial and technical elements of the industry before proceeding. Commercial success in aquaculture requires a long-term outlook and a host of business skills.

Key attributes of a successful aquaculture business include:

• Fish farming experience (animal husbandry);
• Market knowledge;
• Understanding of species site selection requirements;
• Appropriate system design; and
• Business management experience.

Further information on the issues and risks associated with aquaculture development can be obtained from the Aquaculture in Victoria Investment Analysis (Department of Primary Industries (2003)).

3 Aquaculture in Victoria

This section provides a more specific insight into the aquaculture industry in Victoria by providing a general overview of the future direction of aquaculture in Victoria, and a description of the major species farmed in Victoria.

3.1 Overview of Likely Trends for Aquaculture in Victoria

Victoria has excellent resources for an expanded aquaculture industry, targeting the export market for Victorian aquaculture products. Further industry growth in the domestic market can occur by:

• Substitution of gradually diminishing wild caught products by farmed products;
• Innovation of new products not lawfully or easily obtainable from the wild (e.g.: 'undersized' fin fish, abalone and Atlantic Salmon caviar);
• Coastal abalone farming;
• Offshore shellfish farming;
• Refinement of Recirculating Aquaculture Systems (RAS); and
• Increased exports interstate and overseas.

Exports (mainly pearls and southern bluefin tuna to Asia) already account for more than 60% of the value of Australian aquaculture. Because of the need to export products, the focus of future growth and development in the Victorian aquaculture industry will be as part of a global and national market, rather than just a local market.

3.2 Major Species Farmed in Victoria

Trends for the major species farmed in Victoria, including some marine species for background context are summarised below. For the latest figures a copy of the Fish Production Bulletin can be obtained from Primary Industries Research Victoria, Freecall: 1800 620 896.

Warm water finfish (inland)

A range of native Murray Darling warmwater finfish and one estuarine specie are produced across Victoria under intensive and extensive conditions. The native freshwater species include Murray cod (Maccullochella peelii peelii), golden perch (Macquaria ambigua), silver perch (Bidyanus bidyanus), and the estuarine specie Australian bass (Macquaria novemaculeata).

Typical systems utilised include the production of fingerlings utilising 'green pond' methods for restocking purposes, and supply for controlled grow-out farming in recirculation systems and ponds.

Barramundi (Lates calcarifer)) are also produced, but under strict bio-secure conditions in intensive RAS. RAS continue to expand and develop at a steady rate. Challenges include cost of production and price competition from wild production or interstate.

Salmonids (trout & salmon)

Commercial rainbow trout (Oncorhynchus mykiss) and freshwater Atlantic salmon (Salmo salar) farming systems are distributed throughout the cooler regions of northeast Victoria. This sector features a high level of value adding on both large-scale commercial intensive aquaculture farms and smaller tourism ventures.

Products include among others, fresh chilled, whole (gilled, gutted) smoked, and caviar.

Challenges include increasing environmental restrictions on effluent discharge and water use, and availability of large volumes of cool water often linked with unseasonal climatic conditions.

Eels

The Victorian eel industry utilises the productive inland natural lake systems of Victoria for the extensive grow-out of the short-finned eel (Anguilla australis).

Over the past 30 years, eel production has increased and is beginning to expand into the harvest and on growing of both short-finned and long-finned (Anguilla reinhardtii) glass eels under intensive enclosed farming systems.

The breeding cycle for eels is not well understood and farming requires the collection of juveniles from the wild. The availability of juvenile eels is variable and unreliable and represents a key challenge for future industry growth.

Abalone

The abalone industry is the fastest growing aquaculture industry sector in Victoria with farmers producing blacklip abalone (Haliotis rubra) and greenlip abalone (Haliotis laevigata).

With clean coastal waters and significant achievements in research and development, Victoria is destined to significantly increase supply to the international and domestic abalone markets.

Hatchery production data indicates substantial increases in on-grown on-farm stock. Based on recent hatchery production and given there is a minimum 3-4 year period from the start of grow-out to commercial harvest, production is expected to continue to increase at a similar rate over the coming years.

The number of abalone farms seems to have stabilised. However, established farms continue to expand grow-out facilities gradually increasing production.

Most production has to date centred on greenlip, blacklip and hybrid (of greenlip and blacklip) abalone. Most farms are supplying a small but constant amount of live product to export markets in Asia. Most farmers are selling to established processors or entering into joint ventures to develop new product lines such as canned (transparent and traditional cans), vacuum packs and dried abalone.

The main challenge for this sector is in the financing of grow-out facilities and operating costs whilst reaching significant export volumes. Another challenge comes from currency fluctuations, which have affected the export price. The release of new land sites identified through the ECC process (Point Lilias) may see further expansion of the industry.

Mussels

The sheltered, productive waters of Port Phillip Bay and Western Port support the farming of blue mussels (Mytilus edulis), using long-line culture methods. Mussel farmers continue to increase production and are considering diversifying into new shellfish species and value adding. This sector has shown some consolidation in its production with larger operators absorbing smaller farms achieving economies of scale. Larger operators are developing value added products.

The release of large new marine sites (from ECC recommendations) may see an expansion of this industry and diversification into the production of additional species of shellfish such as flat oyster, scallops and abalone.

Yabbies

The freshwater crayfish industry utilises existing farm dams or purpose-built ponds for production of yabbies (Cherax destructor) under semi-intensive or extensive farming methods.

Freshwater crayfish farming is often undertaken by Victoria's farmers for diversification and may involve tourism or other value-adding ventures. Industry deregulation and increased harvest from existing farm dams under the 'multiple waters provision'¹ will encourage greater farmer participation and increased production.

This small sector has expanded over the past 4 years, but has been recently impacted by drought conditions.

Ornamentals

The Victorian ornamental sector involves a high level of retail exposure and produces more than 100 highly sought and valued temperate and tropical species for the aquarium trade. The majority of temperate fish produced by this sector are goldfish. The tropical fish production mainly comprises a variety of exotic aquarium species.

A challenge for the regulation of the ornamental sector includes the development of a nationally consistent regulatory framework that recognises risks associated with the movement of non-endemic species and commercial trade opportunities.

¹ The multi-waters provision allows multiple landowners to be listed under a single licence for the harvest of yabbies from farm dams. This provision means existing agricultural farms can undertake small-scale aquaculture production without the need for an individual licence. Appendix B provides further information on this class of licensing.

4 Land Based Aquaculture Systems andPractices In Victoria

This section provides an outline of the different types of systems used to propagate aquaculture species in Victoria.

4.1 Introduction

The relevant major land based aquaculture systems that are operating in Victoria can be grouped into four main categories:

• Land Based Static Systems
• Land Based flow-through systems
• Marine onshore systems
• Closed or recirculation systems (RAS)

The choice of system for each species is mainly governed by economic factors as well as biological or ecological factors such as stocking densities, temperature ranges, dissolved oxygen levels and predator control. For example, every species has an optimum temperature range for growth and some species such as the salmonids and abalone require flowing water and require higher levels of dissolved oxygen than species that can be grown in ponds. The potential impacts of each of the systems are separately discussed in section10.3 of these guidelines.

4.2 Land Based Static Systems

Figure 1. Land based static system (photographic example)

Land based static systems typically utilise ponds. Ponds are artificial impoundments and are usually made of earth. Earthmoving equipment is used to construct earthen dams or levees that hold the water. The size may range from 0.05 ha to 20 ha or more. The depth of ponds usually varies from 1 to 2.5 metres.

Figure 2. Land Based Static System (Explanatory Diagram – indicative only)²

² Please note that this diagram provides only an indicative layout for an land based static system and is in no way the basis for the prescriptive design of such a system

Ponds which are used principally to water stock are usually not suitable for aquaculture as they are irregularly shaped, the bottoms are not smooth, and they cannot be drained. They are also prone to overflowing, allowing fish to escape.

Rectangular ponds are generally easier to manage than square or irregularly shaped ponds. The bottom of ponds should be smooth and free of holes and snags to allow easier harvest. Ponds should be able to be drained, both for harvest, and for drying of the earth between crops.

Water circulation, removal of sediment and harvesting techniques should all be considered when planning a pond. Pond sites must have soil that will hold water- soils high in clay are best. The most successful ponds are those built specifically to farm fish, with a specific size and shape, with water level and water quality monitored and maintained.

Floating pens can be used within ponds, lakes, rivers, estuaries, and in the sea. This type of culture is mainly used with finfish. Floating pens are usually more intensive than pond culture as the large body of water allows the removal of wastes away from the crop, however, to achieve this mechanical aeration is often required. Very large floating pens are constructed with nylon or plastic netting and are often called net pens. Salmon and barramundi are often grown in pens in other Australian states.

4.3 Land Based Flow Through Systems

Figure 3. Land Based Flow Through System (Photographic Example)

Flow through or open systems are enclosures where the water enters at one point (intake) and moves through carrying wastes out at the lower end (outlet). The term 'flow through systems ' is typically used for any system that provides a flow through of water to enable the rearing of dense populations of fish.

Figure 4. Land Based Flow Through System (Explanatory Diagram – Indicative Only)³

³ Please note that this diagram provides only an indicative layout for a flow through system and is in no way the basis for the prescriptive design of such a system

Such systems can include water raceways usually constructed of concrete (but also fibreglass or plastic) tanks, purpose built bottom draining earthen ponds and other manufactured containers that allow the flow through of water from inflow points to outflow points.

Production can be more intensive in flow through systems than in static ponds, as the water turnover ensures wastes are removed and the water is well oxygenated.

Trout are most commonly produced in flow through systems due to their requirements for high levels of dissolved oxygen, and cold water.

4.4 Marine Onshore Systems

Figure 5. Marine Onshore System (Photographic Example)

Marine onshore systems bear some similarities to freshwater flow through systems, except that seawater is pumped ashore and circulated through various different types of tanks located on land, then returned to the sea.

Large volumes of high quality sea water are continuously pumped through these systems, whereas freshwater flow through systems usually rely on gravity, at a much lower operating cost, as well as lower capital infrastructure costs.

The environmental and siting issues associated with freshwater and marine flow through systems are also different (please refer to section 6 of this report for more detail).

The main species farmed in Victoria using marine pump-ashore systems is abalone, which can also be grown offshore in containers or pens.

Figure 6. Marine Onshore System (Explanatory Diagram – Indicative Only)⁴

⁴ Please note that this diagram provides only an indicative layout for an on-shore system and is in no way the basis for the prescriptive design of such a system

4.5 Closed or "Recirculation Aquaculture Systems" (RAS)

Figure 7. R.A.S. Exterior (Photographic Example)

Closed or recirculating aquaculture systems (RAS) are those which re-use water with mechanical and biological treatment between each use. Most systems use tanks for growing the fish, with water being recirculated through filters and pumped back into the tank.

A recirculating system generally occupies very little area, requires less water than conventional aquaculture, allows higher stocking densities and provides a predictable and constant environment for the culture species.

Figure 8. R.A.S. Interior (Photographic Example)

Tanks are usually designed specifically for this purpose and are constructed from food grade plastic or fibreglass. Some may be constructed from concrete or glass. Tanks make efficient use of water but are expensive to set up and operate. They are commonly used in hatcheries and for the production of ornamental fish as large quantities of fish can be grown in a relatively small area of tanks.

Figure 9. Recirculating Aquaculture System (Explanatory Diagram – indicative only)

The development of RAS technology has provided for a wide range of aquaculture opportunities due to fewer siting constraints. Closed system technology has advantages that include:

• Water use efficiency – these systems recycle water meaning there is less water used per tonne of fish produced. Because there is minimal water exchange with the environment these systems are more bio-secure than 'open' systems, which allows fish to be grown outside their natural range.
• Space efficiency – recirculation facilities are usually enclosed within large sheds that can be located in most locations with access to water and electricity. This allows facilities to be positioned on land close to markets in industrial or other appropriate zones.

Comparable overseas experience indicates that facilities using closed system technology are likely to become a key sector in the Victorian aquaculture industry; with no greater amenity or environmental impacts than any other general industrial use, and often less amenity or environmental impacts than other types of aquaculture.

4.6 Species in Victorian Aquaculture

The following table is a list of key species already or that show potential to be farmed in inland Victoria, and the preferred system for each species. Other species not listed may be in developmental/pilot stages.

Table 1. Species in Victorian Land Based Aquaculture

√ √ = Preferred system √ = Other systems

5 Government Support for AquacultureDevelopment

In order to facilitate appropriate land based aquaculture development, the Victorian Government provides a range of advice and support to communities, local government decision makers and land based aquaculture proponents. Ensuring all parties have access to relevant information and advice will help support balanced outcomes which benefit all Victorians.

A range of different government agencies provide this assistance and support. This section outlines the various roles that these agencies play.

5.1 Department of Primary Industries (Fisheries Division)

www.dpi.vic.gov.au

The Fisheries Division of the Department of Primary Industries (DPI) is the management agency responsible for Victoria's fisheries. It is responsible for ensuring the State's fishery resources are conserved by careful management of commercial and recreational fishing activities and of aquaculture operations. The Fisheries Division issues licences that permit the holder to use aquaculture equipment to culture fish as defined in the Fisheries Act 1995.

Information specific to licensing requirements can be directed to the Aquaculture Licensing Officer on 136 186 or at the DPI website on www.dpi.vic.gov.au

Enquiries about planning and environment assessment processes for land based aquaculture development should be made in the first instance to the relevant Regional Aquaculture Development Officer who can be contacted through regional DPI offices.

See Appendix B for contact details of DPI regional offices.

5.2 Department of Sustainability and Environment

www.dse.vic.gov.au

The Department of Sustainability and Environment (DSE) oversees Victoria's planning and environment assessment systems. Planning scheme information is available from www.dse.vic.gov.au/planningschemes. Council contact details are available from www.dvc.vic.gov.au/localgov.htm where 'Victorian Local Governments' should be opened.

DSE is also responsible for the integrated management of Victoria's natural resource base, including land identification, resource development and utilisation and the protection, conservation and management of Victoria's natural environment. DSE is able to provide advice and further details about the appropriate flora and fauna survey requirements.

See Appendix B for contact details of the DSE regional offices.

5.3 Department of Innovation, Industry and Regional Development Programs (DIIRD)

www.iird.vic.gov.au

13 22 60 within Victoria or 1800 655 142 within Australia

The Department of Innovation, Industry and Regional Development (DIIRD) is responsible for encouraging business growth, securing investment, promoting exports and creating employment in Victoria.

Industry, investment and business assistance programs are delivered by the Department. With offices across the State and in key cities overseas, DIIRD serves as an important point of contact between industry and the Victorian Government.

The Department has a pivotal role in building a development climate that attracts investors and in which businesses and communities can prosper and build for continuing success. It works in partnership with business, other levels of government and the community to maximise Victoria's capacity for economic and social growth.

The above organisations, and in particular DPI, have considerable knowledge of aquaculture and should be considered a key referral agency for all aquaculture applications.

5.4 The National Aquaculture Action Agenda

The National Aquaculture Action Agenda released in December 2002 outlines ten strategic initiatives aimed at removing impediments to the growth of the aquaculture industry in Australia. The Action Agenda has been accepted by all States and Territories through the Primary Industries Standing Committee and the Ministerial Council Standing Committee. Victoria's programs that align with the Action Agenda will be relayed through the Aquaculture Committee of the Australian Fisheries Management Forum and through industry peak body affiliated with the National Aquaculture Council.

The National Aquaculture Policy Statement was released in August 2003 as a strategic initiative of the National Aquaculture Industry Action Agenda. The objective of the policy is to send a clear message to the Australian public, aquaculture industry and domestic and international investors, that Australia strongly supports the sustainable development of our national aquaculture industry.

More information on the National Aquaculture Action Agenda can be found at: http://www.australian-aquacultureportal.com

6 Siting and Servicing Implications for Aquaculture

This section provides an outline of the different siting and servicing considerations for aquaculture proposals, including an outline of the principal "critical values" that should be protected.

6.1 Introduction.

Local government increasingly recognises aquaculture as an emerging industry capable of supporting regional growth, employment and generating economic wealth. Some local governments have identified the development and expansion of aquaculture as a priority.

The capacity of local government to attract new aquaculture investment is substantial and includes changes to municipal planning schemes that favour aquaculture, the establishment of infrastructure that supports aquaculture, and promotion campaigns to attract industry.

6.2 Investor issues

Australian aquaculture is a relatively new and diverse primary sector industry.

Before investing, the proponent should understand the regulatory, commercial and technical elements of the business. Commercial success in aquaculture will require a long-term outlook and a host of business related skills.

Key attributes of a successful aquaculture business include:

• Fish farming experience (husbandry);
• Thorough market knowledge;
• Understanding of species site selection requirements;
• Appropriate system design; and
• Business management experience.

This list is not necessarily complete, but aims to serve as a guide for any prospective aquaculture investor. It is important to access all the available relevant information and seek expert advice for all the key issues.

When developing a proposed aquaculture venture it is important to consider site requirements. The site must suit both the species and system requirements. Access to amenities and local infrastructure are also important considerations, including:

• Transport infrastructure for delivery of consumables to the farm (including system components and feed) and delivery of product to market. Transport infrastructure is generally roads, but may also include railways and airports;
• The proximity of the proposed site to markets and suppliers;
• A reliable source of energy, mainly mains power, to the site;
• Availability of reliable communication services including telephone, facsimile, email and/or internet; and
• Availability of suitably qualified and experienced employees.

The following table summarises the resources and services required for the different systems of aquaculture in Victoria.

Table 2. Resources and Services Required by Aquaculture System

6.3 Protecting Critical Values

In establishing land based aquaculture in Victoria, there are a number of fundamental 'critical values' that need to be recognised and protected. They are:

Environmental Values

Land based aquaculture facilities, and indeed any development in Victoria, should not lead to unacceptable impacts on critical environmental or cultural values. Critical values are those protected under Commonwealth or Victorian legislation.

The Commonwealth Environment Protection and Biodiversity Conservation Act (1999) provides for the protection of matters of National Environmental Significance, including nationally threatened species and Ramsar wetlands.

In Victoria, the Flora and Fauna Guarantee Act (1988) provides protection for threatened species and ecosystems and for the protection of native flora. The Fisheries Act 1995 and Wildlife Act 1975 provide for the protection of other native species and ecosystems.

Within the existing Victorian planning system, there are various overlays which will reflect the particular environmental significance of an area, including the Environmental Significance, Land Subject to Inundation, Vegetation Protection and Significant Landscape Overlay controls.

⁵ Water mains, sewer, gas, telephone.

⁶ Building material suppliers, builders, mechanics, medical.

⁷ Specialised aquaculture equipment, chemicals, feed.

Aboriginal Cultural Heritage Values

Land based aquaculture facilities and associated infrastructure have the potential to impact on Aboriginal heritage values. These values may occur across a range of locations in Victoria and are protected from disturbance under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act (1984) and the State Archeological and Aboriginal Relics Preservation Act (1972). It is important that any impacts and the views of relevant Aboriginal groups are considered in the early planning stages of any project.

Where land based aquaculture proposals are on Crown Land, the provisions of the Commonwealth's Native Title Act (1993) will apply.

Within the existing Victorian planning system, the Heritage Overlay may be applied to protect identified areas of aboriginal (or other) heritage value.

Landscape Values

The landscape value of a site or location is highly subjective.

Whilst National Parks are established primarily for the conservation and protection of environmental values, they also protect some of Victoria's most significant landscapes, including many along the coast.

Other landscapes may also be valued by the community for their scenic and recreational value. Within the existing Victorian planning system, the Significant Landscape Overlay is typically applied to identify landscapes considered to be of critical value.

In addition to this existing planning tool, these Guidelines outline impact mitigation measures to help minimise the visual impact of land based aquaculture facilities on a landscape through sensitive design. These are detailed in Section 4.

Amenity Values

There are community expectations that land based aquaculture facilities, and indeed any development in Victoria, should not lead to unacceptable impacts on the amenity of nearby or neighbouring properties. Typical amenity impacts would include visual amenity, noise, odour etc (see Section 4.11 for further discussion).

Within the existing Victorian planning system there are numerous references to the need to ensure proposals do not have unreasonable amenity impacts. In some instances the assessment will involve a subjective "case-by-case" assessment of the details of the proposal, the context of the site, the zoning of the land etc. Other matters such as noise and odour can be empirically tested using EPA standards and guidelines.

7 Likely Locations for Land BasedAquaculture Facilities

This section provides an outline of the most likely locations for the establishment of land based aquaculture facilities based on existing experience and anticipated future demand.

7.1 Rural Areas

Rural areas are likely to be the most appropriate locations for the establishment of land-extensive outdoor aquaculture facilities such as Static and Flow-through systems.

RAS may also be appropriate in Rural areas, despite their "enclosed" nature. In practice most RAS structures resemble sheds or other structures commonly found in rural areas.

The main 'Advantages' of locating an land based aquaculture system within Rural areas include:

• Consistent with the primary purpose of Rural zones.
• Unlikely to have an impact on sensitive land uses (such as residential land uses).
• Unlikely to impact on, or conflict with, other rural or commercial activities/enterprises.
• Large lot sizes enable opportunities to establish land extensive activities and 'buffer' the impacts of the use from neighbouring properties (setbacks, landscaping etc).
• Large lot sizes may enable the disposal of some wastes and waste-waters on-site (e.g. irrigation).
• Large lot sizes may enable multiple, and sometimes symbiotic, farming activities to take place on-site (for example, wastes from the aquaculture activity could potentially assist with the fertilisation of crops etc).
• Greater likelihood of access to natural water sources, including streams/rivers or suitable water catchment areas.

The main 'Disadvantages' of locating within Rural areas typically relate to reduced service levels such as reticulated sewerage, electricity and constructed roads. Such areas may also be more remote from transport interchanges, markets and the like.

7.2 Industrial Areas

RAS are likely to be most appropriate in Industrial areas given their enclosed nature and the size and visual impact of the associated buildings.

Other 'Advantages' include:

• Greater likelihood of access to services including reticulated sewerage, electricity, gas etc.
• Greater likelihood of access to transport infrastructure (road, rail and air) and associated market access.
• Unlikely to impact on sensitive land uses (such as residential land uses).
• Unlikely to impact on, or conflict with, other industrial activities/enterprises.

'Disadvantages' associated with the RAS in Industrial areas are likely to be limited, although there is the possibility that noxious industries could impact upon their operation.

Whilst other forms on land based aquaculture could potentially establish in some Industrial areas, the typically smaller lot sizes may be prohibitive in this regard. Also, being 'open' systems, there is a greater likelihood of other industries potentially impacting upon such operations (eg – dust, fumes, vibration etc).

7.3 Other Areas

Whilst it may be possible to locate land based aquaculture in other areas (eg – commercial or residential), the nature of the use is such that it is unlikely to be consistent with the primary purposes of the relevant zones or the predominant land uses in these areas. However, small scale (i.e. home occupation) aquaculture, particularly in the production of ornamental species, may be appropriate in these zones.

8 Planning Framework for AquacultureProposals

This section introduces the Victorian planning system, outlines how aquaculture currently fits within that system, and describes the steps and processes involved with the assessment of planning permit applications.

8.1 Aquaculture and the Victorian Planning System – an Introduction

It is the Government's intention to provide a clear decision making framework for planning in Victoria that balances environmental, economic and social issues

The Planning and Environment Act 1987 establishes a planning framework for the establishment of planning schemes in Victoria, which comprise statutory documents made up from a set of standard planning provisions know as the Victorian Planning Provisions (VPP).

The 'responsible authority' (or decision making authority) for the assessment of planning permit applications under the Victorian Planning Provisions (VPP) will be the relevant local Council or, upon appeal (if applicable), the Victorian Civil and Administrative Appeals Tribunal (VCAT).

In most cases, a planning permit will be required to use and develop land for the purpose of land based aquaculture in Victoria although it is an as-of-right use in the Farming Zone and Rural Activity Zone (a permit may be required for buildings and works depending on its location within these zones). It is important to check with the relevant Council the zoning of the land and whether a permit is required to use and / or develop the land for Aquaculture.

8.2 Aquaculture Definition

Under the current Victorian Planning Provisions (VPP), "Aquaculture" is defined as:

"Land used to keep or breed aquatic animals, or cultivate or propagate aquatic Plants."

This definition is incorporated within the broader definition of "Agriculture", which is separately defined as:

"Land used to:

1. propagate, cultivate or harvest plants, including cereals, flowers, fruit, seeds, trees, turf, and vegetables;
2. keep, breed, board, or train animals, including livestock, and birds; or
3. propagate, cultivate, rear, or harvest living resources of the sea or inland waters."

It is important to note that the current VPP definition of aquaculture does not include the "processing" of product, only the keeping, breeding, cultivation and/or propagation of such. "Processing" is separately defined as "Industry" under the VPP. Similarly, the VPP definition of aquaculture does not involve any tourist related activity, which would also be separately defined under the VPP (i.e. Leisure and Recreation).

8.3 What References to Aquaculture Currently Exist in the VPP Planning Policy

State Planning Policy Framework (SPPF)

There are a number of mainly non-specific references to aquaculture under the existing Victorian Planning Provisions (VPP). These may be found under the following subheadings:

• Clause 11 – Introduction: This clause contains no direct references to 'Aquaculture'. However, Clause 11.03-5 "Economic well being" is indirectly relevant to aquaculture and makes broad statements relating to the role of planning and its contribution to the economic well-being of communities and of the State as a whole.
• Clause 15 – Environment: This clause specifies 8 different Ministers or government departments and some 36 different Acts, legislation, guidelines or the like that should be consulted/considered with planning applications that may have environmental impacts. There are no direct references to 'aquaculture'; however, there are specific clauses and detailed provisions relating to the environment that may need to be considered in the assessment of some aquaculture systems. These include "Protection of catchments, waterways and groundwater",

Figure 10. Agriculture Nesting Diagram from the Victorian Planning Provisions

"Floodplain management", "Salinity", "Air quality", "Noise abatement", "Coastal areas", "Conservation of native flora & fauna" and "Heritage".

• Clause 17 – Economic Development: The relevant provision under this clause relates to "Agriculture" which emphasises the importance of agricultural activities and the need to balance the benefits of such activities against other environmental and amenity considerations.
• Clause 18 - Infrastructure: Relevant provisions under this sub-heading include "Car parking and public transport access to development" and "Water supply, sewerage and drainage". These clauses are relevant in so far as an assessment needs to be made regarding the availability or appropriateness of existing infrastructure. Some systems also involve the reuse of water or the treatment of wastewaters.

Local Planning Policy Framework (LPPF)

The Local Planning Policy Framework provides opportunities for Council's to develop local policy provisions relevant to areas, land uses or the like. It is appropriate to contact your local Council to determine whether there are any LPPF provisions that either directly or indirectly relate to aquaculture or the site in question.

8.4 When is a Planning Permit required for a land based Aquaculture Proposal

Under the existing VPP, the use 'Aquaculture' is a Section 2 (or 'permit required') use in most zones zones. with the exception of the Farming Zone (FZ) and the Rural Activity Zone (RAZ). It is currently not a Section 3 ('prohibited') use in any zone.

In most cases a permit will also be required for any buildings or works associated with this use. The following table outlines permissibility under rural zone

Table 3. New Rural Zones – Impact on Aquaculture use and Development

Permits may also be required for associated matters such as:

• The removal of native vegetation.
• Access to certain roads.
• Car parking dispensation.
• Signage.

It is important that confirmation of the need for town planning approval is sought from the relevant local Council for all sites because other planning scheme provisions (such as overlay controls) may also generate the need for a permit, and planning scheme provisions may be amended over time.

8.5 The Planning Permit Application Process

As stated above, a planning permit may be required to use and develop land for an aquaculture facility.

The local council can advise which planning scheme provisions apply to the land.

Planning schemes, zoning and overlay information can also be obtained at www.dse.vic.gov.au/planning

The planning permit procedure is provided for in the Planning and Environment Act (1987). Detailed information about this procedure can be found in Chapter 3 of Using Victoria's Planning System (Department of Infrastructure, 2001).

9 Preparing an Application for an LandBased Aquaculture Facility

This section outlines the recommended steps that should be undertaken, and the information that should be submitted, in preparing a town planning permit application for aquaculture.

9.1 Pre-application Steps

This table outlines the typical steps for preparing an application for an land based aquaculture facility.Many of these steps are not mandatory and the extent to which they are taken will depend on the complexity and scale of the proposal in question.

9.2 Application Requirements

Planning applications need to include sufficient information and explanation to allow responsible authorities to come to sound and timely decisions.

Figure 11. Pre-Application Flow Chart

Under Section 60 of the Planning and Environment Act 1987, any application for the use and/or development of land must be accompanied by:

• the prescribed fee for the application (which is dictated by the kind of application and can be ascertained by contacting the local council);
• a recent certificate of title (no older than 30 days);
• three (3) copies of the development plans.

The above are the mandatory requirements for the processing of a planning application. There is also certain accompanying information which may need to be provided with an application for a land based aquaculture facility. The following provides assistance to applicants regarding matters that mayneed to be addressed.

Once again it should be noted that the following table is not simply a 'checklist' for Council planners and that the level of information provided by (or required from) proponents will vary depending on the complexity and scale of the proposal.

Figure 12. Application Requirements

10 Assessing Land Based AquacultureFacility Proposals

This section outlines matters that are normally relevant to the assessment of aquaculture proposals. They are intended to assist proponents and Council Officers.

10.1 Introduction

Proper and orderly town planning should seek to facilitate the appropriate provision of land based aquaculture facilities in a manner that balances their environmental, social and economic benefits with any demonstrated visual, environmental and amenity impacts.

Proposals for land based aquaculture will be assessed against the following sections in the relevant planning scheme:

• State Planning Policy (SPPF).
• The Council's Municipal Strategic Statement and Local Planning Policies (LPPF).
• The relevant zone and overlay controls.
• The 'particular' and 'general' provisions.

The appropriateness of the various land based aquaculture facilities in any given location will depend on matter such as:

• The zoning of the land (and its associated 'purposes' and 'decision guidelines');
• The nature of the site and its surrounds;
• The characteristics of the system being employed;
• The siting and servicing requirements of that system, and
• The potential impacts (if any) of the system.

As already stated, typically the preferred location for most 'open' systems will be in rural areas where the use is likely to be entirely consistent with the purpose of the relevant zone. There may also be opportunities to locate 'closed' systems (RAS) within industrial areas. However, other opportunities may also exist and a 'site-by-site' analysis will be required to determine whether this is the case.

The following is an explanation of matters that should normally be considered by responsible authorities in assessing permit applications for land based aquaculture facilities.

10.2 Strategic Considerations Government Policy Objectives

Overview

As outlined previously, there is strong State government support for the development of aquaculture industries in the State of Victoria. It is recognised as an important and expanding industry that has the potential to significantly contribute towards the local, State and national economies, as well as the associated direct and indirect employment opportunities.

For similar reasons the development of the aquaculture industry in Victoria is consistent with the broad thrust of the State Planning Policy Framework, particularly insofar as it relates to 'Agriculture' (of which aquaculture is sub-category) and the importance of this industry to economic development.

Local Council's may also have local planning policies that directly or indirectly relate to aquaculture, which would supplement the State policy objectives in this regard.

Evaluation

In assessing permit applications for aquaculture considerable weight should be given to the fact that the successful and sustainable development of this industry is encouraged by Government policy and will directly and indirectly contribute to the economic well-being of communities and the State as a whole.

10.3 Other Site Specific Considerations / Potential Impacts

The broad policy benefits outlined above need to be balanced against other environmental and amenity considerations.

When properly planned and developed, aquaculture facilities are generally considered to be "low impact" facilities which do not have significant environmental or amenity impacts.

Nevertheless, relevant matters that need to be considered include:

• Visual impact.
• Noise.
• Odour / Air quality
• Waste disposal.
• Water quality.
• Water access.
• Vegetation removal.
• Excavation.
• Light spill.
• Traffic, access and parking.
• Predator control.
• Cultural impacts.
• Economic impacts.
• Biological impacts.

Consideration of these matters should be weighted having regard to the Government's Policy in support of aquaculture development and to the following table, where lower potential impacts should be given less weight and higher potential impacts should be more weight .

The following provides a more thorough assessment of each of the above matters. As stated previously, the VPP definition of aquaculture does not involve the "processing" of product nor any tourist related activity. As such, these Guidelines only address issues associated with aquaculture proper, and any additional activities would warrant their own detailed assessment.

Visual Amenity

Discussion

Aquaculture activities often involve the erection of buildings and/or the construction of earthworks – all of which may potentially impact on the visual amenity of an area. In this regard:

• Buildings are generally restricted to sheds or other similar structures to enclose aquaculture activities (such as for RAS), plant or materials. Sometimes there is a need for additional associated structures such as fencing, netting (or other predator controls measures), pump stations, piping, buoys, cages or the like.
• Works typically comprise the construction of earthen artificial impoundments such as ponds and dams. Sometimes there is a need for additional earthworks associated with access ways, waste disposal fields, car parking or the like.

Evaluation

There are various references in the VPP which seek to ensure the reasonable protection of visual amenity. Some landscapes may also have recognised heritage significance.

Land based aquaculture facilities will usually have some degree of impact on the landscape. The degree to which an land based aquaculture facility has a visual impact depends on the magnitude of the change to the landscape taking into account:

• The visibility of the development;
• The locations and distances from which the development can be viewed;
• The significance of the landscape as described in any relevant Significant Landscape Overlay or other legislation (including heritage); and
• The sensitivity of the landscape to change.

The features of the landscape that should be considered include:

• The topography of the land;
• The amount and type of vegetation;
• The type, pattern, built form, scale and character of development including roads and access ways;
• Natural features such as waterways, cliffs, escarpments, hills, gullies and valleys;
• The skyline.

In deciding whether or not the visual impact of a land based aquaculture facility in the landscape is acceptable, it is appropriate to consider planning scheme objectives for the landscape, including whether the land is subjected to an Environmental Significance Overlay, Vegetation Protection Overlay or a Significant Landscape Overlay in the relevant planning scheme.

Consideration should also be given to whether the proposed facility will be compatible with the visual character of the area. For example:

• Dams or similar water holding structures are commonly found in rural areas.
• Large sheds are not an uncommon feature in rural landscapes.
• Large sheds or similar structures are also prevalent in industrial areas.

Table 4. Potential Impacts by System

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Siting and designing to minimise impacts on views;
• Using techniques such as colour, painting, etc to reduce the visual impact of building and works;
• Minimising earthworks;
• Minimising removal of vegetation and/or requiring the planting of suitable screen landscaping; and
• Requiring that the storage of all materials, wastes etc be in appropriately screened and designated areas or buildings.

Noise

Discussion

Land based aquaculture facilities typically create very little noise. Potential noise sources are generally restricted to:

• Mechanical noise produced by pumps and air filtration mechanisms associated with the use;
• Some forms of predator control measures;
• Normal operational noise associated with the construction and on-going conduct of the facility.

Evaluation

There are various references in the VPP which seek to ensure amenity is not unduly impacted upon by noise emissions.

In determining noise impacts, consideration should be given to:

• The possible need for an acoustic report.
• The nature of the area (eg – rural, industrial etc) and the reasonable amenity expectations of persons living/recreating/working proximate to the site.
• The distance between the proposed facility and any nearby noise sensitive receptor (such as a house etc).
• The impact that climatic conditions or topography may have on noise impacts.
• Background noise levels and the existing noise impacts of other activities typically found in the area.
• Whether any predator control measures will be used that could generate noise nuisance.

With regard to the last matter, it is noted scare guns or like measures are rarely if ever used in association with land based aquaculture, with physical barriers (buildings, nets etc) generally being preferred.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Ensuring suitable separation distances between the facility and other noise sensitive receptors.
• Requiring noise attenuation measures proximate to the noise source.
• Limiting days and hours of operation for specified activities.
• Requiring compliance with relevant EPA guidelines or regulations.
• Prohibiting or restricting predator control measures which rely upon noise as a deterrent.

In certain circumstances (e.g. where the proposed facility immediately abuts a highly sensitive interface) it may be necessary to require an acoustic report prepared by a suitably qualified Acoustic engineer which would provide detail with respect to noise attenuation requirements.

Odour

Discussion

Land based aquaculture facilities typically create very little odour as live fish in water don't smell. Potential odour sources are minimal and therefore normally restricted to:

• Waste disposal (e.g. concentrated sludge from RAS).
• Product harvest and transport.
• Storage of feeds or other chemicals.

In relation to these matters it is noted:

• Odour associated with waste water is only an issue if the site does not have access to reticulated sewerage. When access is not available, waste water is typically treated on-site and either applied back to the land or released back into the natural water system after treatment.
• Waste disposal generally relates to the disposal of any waste products generated by the use and the storage and disposal of any materials or the like associated with the enterprise. In some cases wastes generated by the use are applied back to the land as fertilizer.
• Stock harvested for human consumption can leave the farm as processed product or as whole fish (chilled on ice). Freshly killed whole fish on ice will create no odour. Fish processed on site can cause some odours if not properly disposed of (e.g. blood products).
• Feeds or other chemicals used in aquaculture are typically sealed in bins or other sealed containers and stored in dry bunded areas.

Evaluation

There are various references in the VPP which seek to ensure amenity is not unduly compromised by odour emissions.

In determining odour impacts, consideration should be given to:

• The nature of the area (eg – rural, industrial etc) and the reasonable amenity expectations of persons living/recreating/working proximate to the site in this regard.
• The availability of reticulated sewerage to the site.
• The distance between the proposed facility and any nearby odour sensitive receptor (such as a house etc).
• The impact that climatic conditions or topography may have on odour dispersion.
• Whether other activities typically found in the area also generate odour (eg – fertilizers associated with farming activities, emissions associated with industrial activities etc).

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Ensuring suitable separation distances between the facility and other odour sensitive receptors.
• Requiring connection to reticulated sewerage (where available).
• Requiring compliance with existing EPA guidelines or regulations in relation to the storage and/or dispersal of any wastes or waste waters.
• Requiring the provision of suitable areas for the storage and disposal of feeds, chemicals, wastes or the like.

Waste disposal

Discussion

Land based aquaculture facilities typically have few problems with regard to waste disposal as it is in the operator's commercial interests to ensure the operation is conducted in a clean and efficient manner.

Waste disposal associated with aquaculture typically relates to:

• The disposal of mortalities/dead stock.
• The disposal of waste-water (dealt with separately below).
• The disposal of hard wastes associated with waste water disposal.
• The disposal of other waste products associated with the feeding of stock, the treatment of water or the servicing of plant and machinery.

In relation to these matters it is noted:

• In most circumstances aquaculture waste is a valued resource for agricultural purposes (i.e. in some cases aquaculture is integrated with hydroponics).
• Other wastes associated with aquaculture are similar to those associated with other rural or like industries. They are typically stored in a designated area and then removed from the site.

Possible impacts associated with waste disposal include:

• Visual intrusion (as addressed above).
• Odour (as addressed above).
• Vermin/disease.
• Impact on water quality (addressed below).

Evaluation

The disposal of wastes needs to be dealt with in a comprehensive manner to ensure no loss of amenity as a consequence of this.

In determining impacts in this regard, consideration should be given to:

• The matters outlined under "Visual Amenity" with regard to the visual impact of waste storage and disposal areas.
• The distance between the proposed facility and any nearby sensitive receptor (such as a house etc).
• The need for contingencies in the event of mass mortalities.
• The need for professional reports demonstrating how processing wastes will be disposed of without detriment to the environment or amenity of the area, and how this will be managed on an on-going basis.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Ensuring suitable separation distances between the facility and other amenity sensitive receptors.
• Requiring compliance with relevant EPA or other guidelines or regulations in relation to waste disposal.
• Requiring the provision of suitable areas for the storage and disposal of wastes that mitigate against vermin or visual obtrusiveness.
• Requiring the same measures as outlined below under "water quality" to ensure no adverse environmental or amenity impacts in this regard.

In some cases a Waste Management Plan, prepared by suitably qualified persons, and which demonstrates how the disposal of all wastes will be conducted in a manner that ensures no undue impact on the environmental qualities or amenity of the area (and compliance with relevant government regulations), may be required.

Water quality.

Discussion

Water quality issues associated with aquaculture typically relate to the possible contamination or pollution of above or below ground water courses/tables. This could be caused by:

• Nutrient rich and/or oxygen depleted waters entering water courses.
• Temporary sediment laden runoff/stormwater associated with construction.
• Chemical spillage.

In relation to these matters it is noted:

• It is in the operators interests to ensure all water holding structures are impervious and therefore seepage into water tables is rarely a problem where appropriately sited.
• Nutrient loading is primarily an issue if the site is not connected to reticulated sewerage and waste-waters need to be disposed of off-site to surface waters. Facilities where discharge to the environment exceeds 0.2ML/day are addressed by EPA regulations, including water quality monitoring associated with EPA discharge licenses.
• On-site disposal of organic aquaculture wastes for the purpose of irrigating crops may reduce the need for inorganic fertilisers and increase farm viability.
• In many cases nutrients stored and used on site (eg. for agriculture or concentration and sale) are unlikely to constitute a risk to the environment. Pond discharge water is particularly suited for use on irrigated crops without treatment.
• Chemicals are generally stored in specifically bunded areas that have floor levels above that of anticipated return interval flood events.
• Sedimentation of water courses can occur as a consequence of construction activities and exposed surfaces. Such measures need to be strictly controlled during construction and thereafter to ensure no adverse water quality impacts.

Evaluation

There are various references in the VPP which seek to ensure water quality is not compromised by development).

In determining water quality impacts, consideration should be given to:

• The availability of reticulated sewerage and/or drainage to the site.
• The proximity of the site to water courses.
• The proposed method(s) of waste water disposal.
• The proposed methods of storing feed, chemicals or the like.
• The proposed methods of controlling sediment laden runoff during initial construction and thereafter.
• The possible need for a professional report demonstrating how water quality will not be compromised by the proposed development (particularly if it is not proposed to dispose of waste waters via a reticulated sewerage system).

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Requiring connection to reticulated sewerage and/or drainage (where available).
• Requiring compliance with relevant EPA or other guidelines or regulations in relation to waste water disposal, chemical storage and sediment control.

In addition to, or as part of, a Waste Management Plan (referred to above), it may be necessary to require a report from suitably qualified persons demonstrating how the proposal will not compromise water quality or the environment from waste water, chemicals or other potential pollutants and sediment.

Water access.

Discussion

Water access is crucial to the success of an aquaculture operation. Aquaculture is really farming in water. It is an alternate use of water and in some cases it will be integrated with the production of terrestrial crops such as cereal grains, livestock and horticultural produce.

Some aquaculture operations require more water than others, and some operators will be more efficient with their water use, just like some orchardists growing the same crop are more efficient with their water usage. Seasonal conditions will also have a bearing on water usage, just as they do in terrestrial farming.

Water for aquaculture is procured in the same way it is procured for a vineyard or a dairy farm. It is harvested from natural run-off, drawn from a bore or purchased from the local water authority.

The local water authorities strictly govern water usage and diversion. A license is required in order to access external or subterranean water resources.

Evaluation

Whilst this is a relevant consideration in the assessment of planning applications, it is a matter that is addressed by another government authority.

Impact Reduction Considerations

The amount and quality of water required to operate the particular aquaculture venture is a management decision, and is a matter for the applicant to decide. As suggested above, the local water authority will deal with this matter. Proof that the applicant has access to water may be an appropriate approval condition.

Vegetation removal.

Discussion

The development of land for aquaculture may require the removal of native or other vegetation. The clearing and direct or indirect disturbance of vegetation may potentially impact upon aquatic, terrestrial or other valued vegetation.

Such removal or disturbance may also:

• Have detrimental visual/landscape impacts.
• Have adverse ecological and/or habitat impacts.
• Lead to soil instability and erosion (and the associated water quality impacts).

Evaluation

There are various references in the VPP which seek to minimise native vegetation removal (for example, as well as the Vegetation Protection Overlay if applied by the local Council).

In determining the impact of the proposal in this regard, consideration should be given to:

• The amount and type of vegetation proposed to be removed.
• The ecological/environmental significance of the vegetation to be removed.
• Whether alternative siting options for buildings and/or works exist to reduce the amount of vegetation proposed to be removed.
• Whether any replating is proposed, and the appropriateness of requiring "net gains" in this regard.
• The need for ecological, landscape and/or arborist reports prepared by suitably qualified persons.
• The views of the Department of Sustainability and Environment, as the responsible authority for the administration of the Flora and Fauna Guarantee Act 1988.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Siting to minimize vegetation removal;
• Requiring the replacement of any vegetation to be removed in order to achieve "net gain".
• Measures to ensure the on-going protection of vegetation to be retained.
• Requiring professionally prepared landscape plans.

In some cases, where there is significant vegetation, it may be necessary for the applicant to provide a Vegetation Management Plan prepared by suitably qualified persons that demonstrates how existing and proposed vegetation will be protected during construction and thereafter.

Excavation.

Discussion

Aquaculture activities normally involve a degree of excavation and land disturbance, particularly external systems.

Excavation associated with aquaculture typically relates to:

* The erection of buildings.

• The construction of earthen water holding structures (dams, ponds etc).
• The construction of associated facilities such as accessways, parking areas etc.

Potential impacts in this regard include:

• Erosion and/or landslip.
• Vegetation removal/disturbance.
• Sedimentation.
• Dust.

Evaluation

There are various references in the VPP which seek to minimise soil disturbance (for example, through the Significant Landscape Overlay if applied by the local Council).

In determining impacts caused by excavation, consideration should be given to:

• The extent of soil disturbance or excavation proposed.
• Whether alternative siting options for buildings and/or works exist to reduce the extent of excavation proposed (eg – locating on flatter land).
• Whether measures are proposed to prevent erosion or landslip if the land is prone to this.
• Whether measures are proposed to prevent sedimentation and dust impacts during construction and thereafter.
• The need for engineering or technical reports to address the above matters.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Ensuring suitable separation distances between the facility and other sensitive receptors.
• Siting to minimize excavation;
• Requiring erosion prevention and control measures in accordance with EPA construction techniques for sediment pollution control during the clearing and construction phases, as well as on an on-going basis through the management plan for the project.

Light spill.

Discussion

Light spill associated with aquaculture is rarely a problem as only security lighting is normally required.

Evaluation

There are many references in the VPP to protecting amenity, which would include possible light spill impacts.

In determining possible impacts, consideration should be given to requiring external lights to be suitably baffled so as to not:

• Disrupt the efficiency of adjoining roads.
• Impact upon the amenity of neighbouring properties.
• Have environmental impacts.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Ensuring suitable separation distances between the facility and other light sensitive receptors.
• Limiting the type of lighting allowed .
• Ensuring suitable baffles are applied to ensure no direct light spill onto neighbouring properties or nearby roadways.

Traffic, access andparking.

Discussion

Traffic, access and parking issues associated with aquaculture typically relate to:

• The effect of additional traffic on the capacity and efficiency of the surrounding road network.
• Whether the proposed point of access to the site will facilitate safe and efficient vehicle access and egress.
• Whether adequate provision will be made for the on-site parking of vehicles.

In relation to these matters it is noted aquaculture activities are not typically high traffic or parking generators.

Evaluation

There are various references in the VPP which seek to ensure traffic, parking and traffic issues are dealt with in a comprehensive and responsible manner

In determining potential impacts in this regard, consideration should be given to:

• The nature of the surrounding road network, including its surface, and the level of traffic that it already carries or could be expected to carry.
• The anticipated traffic volumes associated with the proposed activity including numbers of employees, deliveries, pick-ups, servicing etc.
• Whether appropriate provision has been made for the on-site loading and unloading of vehicles.
• The proposed days and hours and operation of operation of the facility and how this will affect traffic generation patterns and rates.
• Whether the proposed point of access has adequate sight distances and will facilitate safe and efficient access and egress.
• The need for additional road works to facilitate safe and efficient access and egress to the site, including possible right turn or deceleration lanes.
• Whether the level of on-site parking is adequate based on anticipated employee numbers, anticipated visitor rates etc.
• Whether the parking and driveway areas have adequate dimensions.
• Whether the proposed car parking and access areas will be visually obtrusive.
• The need to treat car parking and access areas to ensure continued efficient and convenient use and no adverse environmental impacts (dust, sediment runoff etc).
• Whether there is a need for a professionally prepared traffic report to justify proposed traffic, access and parking considerations.
• The views of VicRoads if the site abuts a main road.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Requiring that appropriate provision be made for the on-site loading and unloading of vehicles.
• Requiring new accessways to be sited and constructed to Council and/or VicRoads satisfaction, with associated external road works where warranted.
• Ensuring suitable separation distances between parking facilities and other amenity sensitive receptors.
• Requiring car parking and driveway areas to be of adequate dimension, suitably treated and delineated.
• Requiring suitable landscaping around car parking and loading areas to reduce their visual impact.
• Placing limitations on the days and hours of the operation of the number of employees/visitors permitted.

In some cases, where the potential for traffic impact is considerable, it may be necessary for the applicant to provide a professionally prepared traffic impact report which assesses traffic, access and car parking considerations relative to size and nature of the proposed activity.

Predator control.

Discussion

Predators (typically birds such as cormorants) can be an issue with some land based aquaculture activities, particularly open systems close to the coast.

The control of predators may potentially affect the amenity of the area. However, as stated previously usually physical measures (buildings, netting etc) as opposed to noise deterrents (scare guns etc) are used.

Evaluation

There are general references in the VPP addressing the amenity and ecological impacts of developments which are relevant to this matter.

In determining predator impacts, consideration should be given to:

• What measures (if any) are proposed to control predators.
• What the likely amenity or ecological impacts of these measures will be (noise or visual).
• What the local ecological impacts of increased or changed predator conditions will be.
• The need to place limitations on the type or hours of use of some types of predator control measures (noise related).

Impact Reduction Considerations

If scare guns and the like are to be used in an aquaculture operation then the following measures may be considered (as appropriate):

• Ensuring suitable separation distances between the facility and other amenity sensitive receptors.
• Placing limits on the type and operation of predator control measures allowed to be used.

Cultural impacts.

Discussion

Possible cultural impacts associated with aquaculture activities may relate to potential damage or loss of:

• Places of botanical, zoological or other scientific importance, including national parks and conservation reserves and the habitats of rare or endangered plants and animals.
• Places and sites of geological, palaeontological or other scientific importance, including rock formations and fossil sites.
• Places of Aboriginal cultural heritage significance, including historical and archaeological sites.
• Sites associated with the European discovery, exploration and settlement of Victoria.
• Important buildings, structures, parks, gardens, sites, areas, landscapes, towns and other places associated with the historic and cultural development of Victoria.

In relation to these matters it is noted:

• Some aquaculture activities tend to locate on land that is proximate to water courses and bodies, and therefore has a higher potential of being ecologically sensitive.
• Aboriginal heritage significance are generally restricted to rural "green field" sites, as opposed to existing urban areas. As suggested above, aquaculture activities often involve earthworks on sites that are proximate to existing or former water courses or bodies, and these sites tend to have a comparatively high potential of containing items or places of Aboriginal heritage significance.
• As outlined previously under "Visual amenity", some landscapes are recognised and protected for their cultural heritage significance, and therefore may be more sensitive to change.
• It is unlikely aquaculture activities will impact upon Places of post-European settlement heritage or cultural significance.

Evaluation

There are various references in the VPP which seek to identify, conserve and protect places of natural, cultural or heritage value from inappropriate development (for example, through the Heritage, Vegetation Protection and Significant Landscape Overlay controls if applied by the local Council).

In determining possible impacts in this regard, consideration should be given to:

• The significance of the landscape as described in any relevant Significant Landscape, Vegetation Protection or Heritage Overlay.
• The visibility of the proposed buildings and works.
• Whether the site is in an existing urban area that has already been substantially developed and therefore unlikely to have or contain items of cultural significance (eg – industrial land), or whether the site comprises a green-fields site where further investigation may be required.
• The need for a Cultural Heritage report prepared by suitably qualified persons.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Siting and designing to minimise impacts on landscapes and views;
• Minimising earthworks and the removal of significant vegetation;

In some cases (i.e. in areas identified as being of cultural significance) it may be necessary for the applicant to provide a Cultural Heritage Report including recommended actions in the event that items of heritage significance are discovered.

Economic impacts.

Discussion

In addition to the positive economic and employment benefits mentioned above, aquaculture activities may potentially have negative economic impacts. Although such impacts are rare, they may include:

• The overburdening local infrastructure.
• Compromising the economic use of the land or neighbouring or nearby land.

In relation to these matters it is noted:

• The potential overburdening of local infrastructure (normally roads) is generally only an issue if the site is isolated and accessed via unmade local roads.
• Examples of when aquaculture activities may compromise the use of neighbouring or nearby land include:
  • When the land is industrially zoned and the proposed industrial use of the neighbouring site may potentially impact upon the existing sensitive aquaculture activity (thereby resulting in its refusal).
  • If the aquaculture activity involves the use of salt water and spray drift affects the salinity and therefore productivity of a neighbouring property (thereby reducing its agricultural activity).

Evaluation

There are various references in the VPP which recognise the need to ensure economic well-being of communities and the State, as well as the value of agricultural land.

In determining possible impacts in this regard, consideration should be given to:

• Whether the site is suitable for aquaculture and the compatibility of this use with adjoining and nearby land uses.
• Whether the proposal will overburden existing infrastructure.
• Whether the land is designated for intensive agricultural purposes and the proposal will significantly compromise this.
• Whether the nature of the activities proposed will prejudice the economic development of neighbouring properties.

Impact Reduction Considerations

The following measures may be considered (as appropriate):

• Requiring the upgrading of local infrastructure.
• Ensuring suitable separation distances between aquaculture activities and neighbouring properties.
• Limiting the type or location of activities allowed on the site if they will potentially compromise the economic use of neighbouring properties.

Biological impacts.

Discussion

There is a potential for aquaculture to have biological impacts through the:

• Escape or spread of non-indigenous species or weeds.
• Escape or spread of pathogens or diseases not already in the environment.

It is noted this matter is strictly governed by the Department of Primary Industries and that there are requirements for translocation of species identified in the document 'Guidelines for assessing translocation of live aquatic organisms in Victoria'.

Evaluation

Whilst this is a relevant consideration in the assessment of planning applications, it is a matter that is substantially addressed by another government authority.

In any event, bio-security (where relevant) is extremely important to the operator because the infiltration of unwanted species or diseases could potentially have disastrous economic impacts.

In determining possible impacts if this is a relevant issue, consideration could be given to:

• Any expert reports which detail how these matters will be addressed.
• The views of the Department of Primary Industries.

Impact Reduction Considerations

In some cases it may be necessary for the applicant to provide a risk based report prepared by suitably qualified persons detailing how potential biological impacts will be prevented and managed.

Other

There may be other impacts that need to be considered on a site-by-site basis such as:

• Reduced access to public areas.
• Possible flood impacts on the land.
• Ancillary uses (e.g. tourist activities at trout farms, sale of ancillary goods, etc).

The above matters are not therefore exhaustive, although they do cover the issues most commonly raised with regard to land based aquaculture proposals.

10.3.2 Possible Permit Conditions

In issuing planning permits, responsible authorities may impose permit conditions to (amongst other things) limit or control the use and/or development permitted for the site. They may also be used to impose the requirements of a planning scheme or referral authorities.

Possible permit conditions addressing many of the above matters are attached as Appendix B.

The permit conditions are not intended to be exhaustive; moreover, they should simply be used as a guide to assist planning officers when issuing planning permits for aquaculture activities.

Depending on the scale and type of the activity proposed, many of the conditions will either be irrelevant or unnecessary.

In respect of environmental impacts, it is recommended that the control measure (permit condition) should be proportionate to the nature and extent of the environmental risk.

Many of the conditions also overlap. It is therefore appropriate to tailor the appropriate package of conditions for each individual proposal.

11 Relevant Legislation

This section outlines the other legislation and government agencies which affect aquaculture.

11.1 Relevant Legislation

There are a number of significant legislative acts that affect the way in which aquaculture development can occur in Victoria. In addition to the Planning and Environment Act 1987, these include the:

• Fisheries Act 1995;
• Water Act 1989; and
• Environmental Protection Act 1970.

11.1.1 Fisheries Act 1995

The Fisheries Act 1995 relates to the regulation, management and conservation of fisheries and aquatic habitats. Licenses / permits are required to use, form or create a habitat in a specified area for hatching, rearing, breeding, displaying or growing specified fish or fishing bait for sale or other commercial purposes, i.e. conducting aquaculture.

The Fisheries Act 1995 is administered by the Department of Primary Industries (DPI), Fisheries Division.

11.1.2 Water Act 1989

The Water Act 1989 relates to the conservation and effective management of water resources. This Act is relevant in that it provides provisions for the licensing of water usage.

This Act is particularly relevant in terms of Water Access for aquaculture developments.

The requirements of the Act are typically implemented by the local water authority (as a referral agency for any aquaculture proposal), which may request the imposition of permit conditions addressing any matters it considers relevant.

11.1.3 Environment Protection Act 1970

The Environment Protection Act 1970 relates to the protection and improvement of the quality of the environment. In terms of its relevance to aquaculture, it involves regulation and licensing with particular reference to the discharge of wastes and the prevention or control of pollution and noise.

This Act is particularly relevant in terms of water and air quality, noise emissions and environmental concerns.

The requirements of the Act are administered by the Environment Protection Authority (EPA). The authority may request the imposition of permit conditions addressing any matters it considers relevant. It is important to note however that waste discharges from certain aquaculture operations are exempt from EPA requirements (usually due to their small scale).

11.2 Other Legislation

There are a number of other Acts that are also relevant in the aquaculture but which are considered to be of lesser significance in that they only apply in certain circumstances. These include the:

• Land Act 1958 – relates to the granting of leases over unreserved Crown land for commercial, industrial, agricultural (aquaculture) and other purposes.
• Livestock Disease Control Act 1988 – relates to the control and management of disease in livestock, including fish.
• Reference Areas Act 1978 – refers to the preservation of public land in its natural state due to ecological interest and significance.
• Coastal Management Act 1995 – relates to coastal crown land 200 metres inland from high tide mark. Relevant if proposal is situated within this area.
• Land Conservation (Vehicle Control) Act 1972 – relates to the regulation of vehicle access on

Crown land.

• Crown Land (Reserves) Act 1978 – relates to the reservation of Crown land for certain purposes.
• Flora and Fauna Guarantee Act 1988 – relates to the conservation of flora and fauna with particular emphasis on threatened species.
• National Parks Act 1975 – relates to development in land and waters governed by the National Parks Act.
• Catchment and Land Protection Act 1994 – relates to the control of soil erosion, noxious weeds and pest animals.

11.3 Referral with Other Government Agencies

As alluded to previously, applicants are encouraged to contact relevant government agencies and, where possible, obtain their approval prior to lodging town planning permit applications. This may help to reduce delays in association with the referral of applications.

Appendix B lists useful contact details for the various relevant government agencies.

Appendix C contains useful internet links, and Appendix D contains a list of useful publications and references.

Appendix A. Possible Permit Conditions

Introduction

In issuing planning permits, responsible authorities may impose permit conditions to (amongst other things) limit or control the use and/or development permitted for the site. They may also be used to impose the requirements of a planning scheme or referral authorities.

The permit conditions listed below are not intended to be exhaustive; moreover, they should simply be used as a guide to assist planning officers when issuing planning permits for aquaculture activities.

Depending on the scale and type of the activity proposed, many of the conditions will either be irrelevant or unnecessary.

Many of the conditions also overlap. It is therefore appropriate to tailor the appropriate package of conditions for each individual proposal having regard to the specifics of the permit application (i.e. location, size of facility, surrounding uses, etc).

Visual impact.

Land based aquaculture facilities will usually have some degree of impact on the landscape. The degree to which a land based aquaculture facility has a visual impact depends on the magnitude of the change to the landscape having regard to a number of matters (as outlined in the Guidelines).

[Any dot-points can be added to this condition to address visual issues, landscaping or any other issues that necessitate alterations to the submitted plans]

• Before the development starts, plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show:
  • A minimum setback of all buildings and works of #m from #.
  • Elevations of all buildings and structures.
  • A schedule of materials, finishes and colours.
  • The external fabric of buildings, including roofing, in muted tones of non-reflective material.
  • Screening of all waste or refuse areas to ensure views of such areas are obscured from the view of the public.
  • The provision of screen landscaping around all buildings and works.
  • etc
• Prior to the commencement of the use and development hereby permitted, a landscape plan prepared by a landscape architect or suitably qualified and experienced person or firm incorporating:
  • An accurate survey of all existing vegetation to be removed and retained and other natural features;
  • The area(s) set aside for landscaping;
  • A schedule of all proposed trees, shrubs and ground cover, which will include the location, number, height and spread at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;
  • Planting required by any other Condition of this permit;
  • Paving, retaining walls, fence design details, and other landscape works including areas of cut and fill and finished site levels;
  • The provision of advanced tree planting (minimum height of 1.5m at the time of planting) etc

• When the plan is to the satisfaction of the responsible authority it will be endorsed and will form part of this permit.
• Except with the further permission of the Responsible Authority, prior to the commencement of the use hereby permitted the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority.
• All planting must be maintained in a healthy condition to the satisfaction of the Responsible Authority. Any dead or diseased trees or shrubs must be replaced as soon as possible.

General amenity

When properly planned and developed, aquaculture facilities are generally considered to be "low impact" facilities which do not have significant environmental or amenity impacts.

• The amenity of the area must not be adversely affected by the use or development as a result of:
  • Transport of materials, goods or commodities to or from the land.
  • Appearance of any building, works, stored goods or materials.
  • Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil.
  • Presence of vermin.
• Prior to the commencement of any site works, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:
  • hours for construction activity in accordance with any other condition of this permit;
  • measures to control noise, dust, water and sediment laden runoff;
  • the location and design of a vehicle wash-down bay for construction vehicles on the site;
  • the location of parking areas for construction and sub-contractors' vehicles on the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises and traffic flows;
  • measures to ensure that subcontractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;
  • contact details of key construction site staff;
  • the location of any site sheds and the like; and
  • any other relevant matters.

• Before the use of the approved development starts, the developer must submit to and have approved by the Responsible Authority an Operational Management Plan which clearly sets out the on-going and overall management of the project including the daily running of the development and measures to protect the amenity and property of neighbouring properties.
• Except with the further permission of the responsible authority, the days and hours of the use hereby permitted shall be [specify activities and days/hours of operation]
• Any external lighting shall be installed and maintained so as to avoid distracting passing motorists or causing nuisance to neighbouring properties.

Noise

Land based aquaculture facilities typically create very little noise and in any event will be required to meet the relevant noise standards.

• Noise from the premises must not exceed limits prescribed by the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1, to the satisfaction of the Responsible Authority.
• No external sound amplification equipment or loudspeakers are to be used for the purpose of announcements, broadcasts, playing of music or similar purposes, to the satisfaction of the Responsible Authority.

or

• Before the development starts an Acoustic Report, prepared by a recognised Acoustic Engineer and to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the report will be endorsed and will then form part of the permit. The report must provide an assessment of noise attenuation measures and advise whether those measures satisfy relevant Environment Protection Authority policies.
• All noise associated with the use and development authorized by this permit shall be in accordance with the Interim Guidelines for Control of Noise from Industry in Country Victoria (EPA 1989), to the satisfaction of the Responsible Authority.

Waste disposal(solid).

Land based aquaculture facilities typically have few problems with regard to waste disposal as it is in the operator's commercial interests to ensure the operation is conducted in a clean and efficient manner.

• Prior to the commencement of the use three copies of a Solid Waste Management Plan shall be submitted for the approval of the Responsible Authority. The Plan shall detail the management of all solid wastes, including dead stock, generated by the use to the satisfaction of the Responsible Authority. The Plan must include, but not necessarily be limited to:
  • The designation of storage areas for all wastes.
  • Methods and frequency of collection and transportation of all waste products.
  • Methods to prevent vermin and fly infestation.
  • Collection and disposal of dead stock.
  • Contingency plans for the storage and disposal of stock in the event of mass mortalities.
• The storage, removal and disposal of garbage, stock and refuse must be undertaken in accordance with the Solid Waste Management Plan referred to in Condition # of this permit and in such a manner as to avoid any nuisance, pollution or loss of amenity to the surrounding area, to the satisfaction of the Responsible Authority.

Water quality.

Water quality issues associated with aquaculture typically relate to the possible contamination or pollution of above or below ground water courses/tables.

[A number of variations of the same condition could be used, as follows]

• Prior to the commencement of the use, the development hereby permitted shall be connected to a reticulated sewerage system to the satisfaction of the responsible authority, the EPA and the relevant sewerage authority.
• Prior to the commencement of the use, the development hereby permitted shall be connected to a reticulated drainage system to the satisfaction of the responsible authority and the relevant drainage authority.

or

• Before the use of the approved development starts, the developer shall submit to and have approved by the Responsible Authority, the relevant drainage authority and the EPA a Drainage & Waste Water Management Plan which clearly sets out how all stormwater, drainage and waste water will be managed without causing any detriment to neighbouring properties or the environment. The Plan must include, but not necessarily be limited to:
  • Proposed methods of waste water treatment and disposal.
  • Measures to ensure contaminated wastewater does not discharge to surface or ground waters, including surface and stormwater drains.
  • Measures to ensure any waste water used for irrigation is of an appropriate quality and is conducted in accordance with EPA Publication 168 "Guidelines for Waste Irrigation" and EPA Publication 464 "Guidelines for Wastewater Reuse".
  • Measures to prevent the discharge of dust and sediment during the construction period and the post construction period from the site and construction, and measures to ensure such activities are conducted in accordance with EPA Publication 275 "Construction Techniques for Sediment Pollution Control".
  • Measures to ensure compliance with the Environment Protection Authority Publication "Bunding Guidelines".
  • Measures to ensure the use, storage and disposal of feeds, chemicals or the like associated with the use will be undertaken in accordance with best management practices and government regulations to ensure no adverse impact on the land, adjoining property or the quality of groundwater to the satisfaction of the Responsible Authority.
• All stormwater, drainage and waste water works must be constructed and thereafter maintained in accordance with the Drainage & Waste Water Management Plan to the satisfaction of the Responsible Authority, the relevant drainage authority and the EPA.

and/or

• All sewage and sullage and polluted drainage must be treated in accordance with the requirements of the Environment Protection Act 1970 and the Health Act 1958. All effluent must be disposed of within the curtilage of the site and must not drain directly or indirectly into any adjoining property, street or any watercourse or drain, and sufficient land must be set aside and kept available for the purpose of effluent disposal, all to the satisfaction of the Responsible Authority.
• The use and development must at all times be consistent with the Environment Protection Authority license requirements, to the satisfaction of the Environment Protection Authority and the Responsible Authority.

Water access.

[If required, refer to relevant water authority]

• Prior to the commencement of the use and development hereby permitted, approval must be sought and granted under the Water Act 1989 with respect to the licensing of water use.

Vegetation removal.

[also see Visual Impact – where a detailed landscape plan may be required]

• Without the prior written consent of the Responsible Authority, all native vegetation on the land must be retained, unless otherwise shown as vegetation to be removed on the endorsed plan, to the satisfaction of the Responsible Authority.

Traffic, access and parking.

The number of car parking spaces provided should be correlated with the size of the operation (i.e. number of staff).

• Except with the further permission of the Responsible Authority, not less than # car parking spaces (including disabled spaces) must be provided on the land to the satisfaction of the Responsible Authority.
• Before the use of the land starts, the areas set aside for car parking, access lanes and driveways shown on the endorsed plans must be:
  • Constructed;
  • Formed to such levels and properly drained so that they can be used in accordance with the endorsed plans;
  • Surfaced with an all weather seal coat (or surfaced with compacted crushed rock or gravel);
  • Line or otherwise marked to indicate each car space;
  • Clearly marked to show the direction of traffic along the access lanes and driveways; to the satisfaction of the Responsible Authority.
• All car parking, access lanes and driveways must be maintained to the satisfaction of the Responsible Authority.
• Parking areas and access lanes must be kept available for these purposes at all times.
• Access to the site must be made to the satisfaction of Vic Roads and the Responsible Authority.
• Loading and unloading of goods must only be carried out on the land.

Appendix B. Useful Contacts

Aboriginal Affairs Victoria

www.dhs.vic.gov.au/aav

(03) 9637 8000

Aboriginal Affairs Victoria (AAV) is the Victorian Government's central point of advice on all aspects of Aboriginal affairs in Victoria. AAV administers legislation that protects Aboriginal cultural heritage in Victoria. This function relies on close cooperation with the various Aboriginal communities around the State. A registry is maintained of sites of significant aboriginal occupation.

The National Native Title Tribunal has a registry of native title claims (relevant to public land only).

Catchment Management Authorities (CMA)

Victoria Resources Online  and go to 'Land and Water Management'.

The primary goal of each Catchment Management Authority (CMA) is to ensure the protection and restoration of land and water resources, the sustainable development of natural resources-based industries and the conservation of natural and cultural heritage.

The main issues concerning the CMA with respect to land based aquaculture facilities relate to site access roads which can create erosion and drainage issues. CMAs are also concerned with noxious weeds and pest animals.

Councils

Information on council contacts is available at the Municipal Association of Victoria's website, www.mav.asn.au

Enquiries about planning scheme provisions and permit processes should be made in the first instance to the responsible authority / local council. If in doubt contact the planning department of the council or the regional office of the Department of Sustainability and Environment.

Council contacts are also available at www.dvc.vic.gov.au/local_gov.htm

For planning scheme details visit www.dse.vic.gov.au/planningschemes

Department of Primary Industries (DPI) – Fisheries Division

www.dpi.vic.gov.au

The Fisheries Division of the Department of Primary Industries (DPI) is the management agency responsible for Victoria's fisheries. It is responsible for ensuring the State's fish resources are conserved by careful management of commercial and recreational fishing and of aquaculture. The Fisheries Division issues licences that permit the holder to use aquaculture equipment to culture fish as defined in the Fisheries Act 1995.

Information specific to licensing requirements can be directed to the Aquaculture Licensing Officer on 136 186 or at the DPI website on www.dpi.vic.gov.au

Enquires for aquaculture development should be directed towards regional Aquaculture Development Officers. :

Port Phillip Region

Cnr Little Malop & Fenwick St, Geelong, VIC 3220 Telephone: (03) 5226 4510

Gippsland Region

7 Service St, Bairnsdale, VIC 3875 Telephone: (03) 5152 0400

Northern Region

46 Aitken St, Alexandra, VIC 3147 Telephone: (03) 5772 0271

South West Region

8-12 Julia St, Portland, VIC 3305 Telephone: (03) 5522 3446

Department of Sustainability and Environment (DSE) – Regional Offices

DSE Customer Service Centre 136 186

Planning Information Centre (03) 9655 8830

Apart from co-ordinating the planning system, DSE also grants leases and licences for developments on Crown land eg: pipelines across beaches for marine onshore systems.

Head Office

8 Nicholson Street East Melbourne VIC 3002 Telephone: (03) 9637 8000 Facsimile: (03) 9637 8148

240–250 Victoria Parade East Melbourne VIC 3002 Telephone: (03) 9412 4011 Facsimile: (03) 9412 4803

Land Registry

Marland House Level 12, 570 Bourke Street Melbourne VIC 3000 Telephone: (03) 8636 2213 Facsimile: (03) 8636 2296

Port Phillip Regional Office

30 Prospect Street Box Hill VIC 3128 Telephone: (03) 9296 4400 Facsimile: (03) 9890 0075

South West Regional Office

Corner Mair and Doveton Street Ballarat VIC 3350 Telephone: 136 186

North East Regional Office

35 Sydney Road Benalla VIC 3672 Telephone: (03) 5761 1611 Facsimile: (03) 5761 1628

North West Regional Office

Cnr Midland Highway and Taylor Street Bendigo VIC 3550 Telephone: (03) 5430 4444 Facsimile: (03) 5448 4982

Northern Irrigation Regional Office

Ferguson Road Tatura VIC 3616 Telephone: (03) 5833 5222 Facsimile: (03) 5833 5299

Gippsland Regional Office

71 Hotham Street Traralgon VIC 3844 Telephone: (03) 5172 2111 Facsimile: (03) 5172 2100

Land Victoria

www.land.vic.gov.au

Land Victoria provides management services and information about who owns land, where it is, what its boundaries are, what it is worth and what can be done with it.

Environmental Protection Authority (EPA)

www.epa.vic.gov.au

(03) 9695 2722

The Environment Protection Authority (EPA) is a statutory body responsible for pollution control. The EPA is also the contact for information and standards associated with noise from a land based aquaculture facility.

A waste discharge licence must be obtained from the EPA in certain cases.

Heritage Victoria

www.heritage.vic.gov.au

As an independent statutory authority, the Heritage Council Victoria is the State's main decision-making body on heritage issues. The Victorian Heritage Register is the official listing of heritage places and objects which the Heritage Council has assessed as being of State significance to Victoria. Registration of a site gives it legal protection.

Parks Victoria

www.parks.vic.gov.au

Parks Victoria manages the State's network of national, state, regional and metropolitan parks, conservation reserves and certain other public lands. Parks Victoria is dedicated to preserving the natural and heritage values of the parks, bays, and waterways, including full protection of sensitive areas.

VicRoads

www.vicroads.vic.gov.au

VicRoads is responsible for maintaining and improving the condition and performance of Victoria's arterial roads, bridges and major culverts. VicRoads may need to be consulted if the land based aquaculture facility development impacts the highway network. Local council is responsible for minor roads.

Victorian Civil and Administrative Tribunal

www.vcat.vic.gov.au

Victorian Civil and Administrative Tribunal (VCAT) is the tribunal dealing with a broad range of civil disputes. The Planning and Environment List reviews the decisions of Responsible Authorities and other authorities in relation to the use and/or development of land on application.

VCAT will only have influence over the development of a land based aquaculture facility when the decision of a responsible authority is subject to an application for review.

Victorian Coastal Council (VCC)

www.vcc.vic.gov.au

The Victorian Coastal Council (VCC) is appointed under the Coastal Management Act 1995 as the peak body for the strategic planning and management of the Victorian coast, and to provide advice to the Minister for the Environment.

The VCC have developed the Siting and design guidelines for structures on the Victorian coast and the Landscape settings types for the Victorian coast.

Local Water Authorities

Please contact your local Council for details of the relevant water authority in your area.

Appendix C. Multi-Waters YabbyAquaculture Licensing

Background

In February 2000, Fisheries Victoria released the Victorian Yabby Aquaculture Development Strategy that included fifteen key actions aimed at increasing the production and value of the Victorian aquaculture industry and encouraging appropriate product quality assurance standards. Central to the strategy's aims was the establishment of a new subcategory of aquaculture licence now referred to as the Aquaculture (Private Land Yabbies Multi-Waters) Licence.

Rationale

The multiple water licence category was developed to allow a single property licence holder to list additional properties (with the consent of other land-holders) on their licence and thereby gain access to Victoria's vast supply of farm dam yabbies previously only used for domestic or recreational purposes.

The multi-waters provision is a low cost and lower risk supply option than conventional semi-intensive production strategies but can be used to supplement aquaculture production and satisfy strong domestic and export market demand for yabbies.

Administration

The applicant for a multi-water licence must provide written approval from land-owners (agents) with existing farm dams. These additional properties are then individually listed on the licence. Multi-waters licence holders may also be required to obtain a planning permit for 'use' (if required) and or 'development' where new infrastructure is proposed (eg. packing sheds, hatcheries etc.) and authority to extract water (if required) from relevant agencies.

Amenity

Agents listed as land-holders on a multi-waters licence supply small quantities (around 150 kg of yabbies per hectare of pond /each year) of yabbies from existing farm dams and private wetlands on these properties, which do not require any dedicated infrastructure or change of land use eg. domestic, stock or irrigation dams, as the yabbies occur there naturally.

To ensure that product is handled in the appropriate manner and sold legally, agents may only sell yabbies to a person whose licence that they are listed on. This maintains a record of where yabbies are obtained from for trace back purposes.

The multiple waters licence holder, after obtaining the yabbies from the agent, is responsible for the processing and food safety requirements (eg. PrimeSafe licencing) at the main property.

The Victorian Fisheries Authority considers it unlikely that local Government would require an agent / land-holder to obtain planning approval as the amenity and land use at the property will not change through the sale of yabbies to a multi waters licence holder any more than would occur from harvesting yabbies for their own consumption. Individual local Government jurisdictions however may vary in their assessments of this matter.

For further information in relation to the above please contact The Victorian Fisheries Authority on 03 9658 4375.

Appendix D. Internet Links

AustAsia Aquaculture Magazine http://www.austasiaaquaculture.com.au

Australian Bureau of Agricultural and Resource Economics - http://www.daff.gov.au/abares

Australian Seafood Industry Council http://www.asic.org.au

Australian Trade Commission http://www.austrade.gov.au

Department of Primary Industries – Fishing and Aquaculture - http://www.dpi.vic.gov.au/fishing

Department of Sustainability and Environment – Planning -http://www.dse.vic.gov.au/planning

Growing Victoria Together

Land Victoria – www.land.vic.gov.au

Victorian Government Business http://www.business.vic.gov.au

Appendix E. References

Aquaculture References

Aquaculture Industry Action Agenda (2002)

National Aquaculture Development Committee's Report to Government and Industry, Department of Agriculture, Fisheries and Forestry – Australia, Canberra.

Business Victoria (2000) The Blue Revolution: Investment Opportunities in Victorian Aquaculture, Department of State and Regional Development, Melbourne

Department of Natural Resources and Environment (1998), Victorian Aquaculture Strategy.

Department of Natural Resources and Environment (1999), The Blue Revolution: Aquaculture Investment Opportunities in Victoria.

Department of Primary Industries (2003). Aquaculture in Victoria Investment Analysis. Fisheries Victoria.

Department of Primary Industries (2004). Victorian Aquaculture Strategy: Implementation Review. Completed by the Victorian Aquaculture Strategy Review Steering Committee. Fisheries Victoria Report Series No. 12.

Fisheries Victoria (2001) Aquaculture Development in Victoria: Review of Aquaculture Initiative.

Fisheries Victoria (2002) Project Brief - Aquaculture Planning Guidelines Department of Natural Resources and Environment, Melbourne.

Fletcher, W.J., Chesson, J., Fisher M., Sainsbury, K.J., and Hundloe, T.J. (2004) National ESD Reporting Framework: The 'How To' Guide for Aquaculture. Version 1.1 FRDC, Canberra, Australia 88 pp.

Food and Agriculture Organisation of the United Nations (2000) State of World Fisheries and Aquaculture 2000, FAO Fisheries Department, Rome

Government of Victoria (1998) Victorian Aquaculture Strategy, Department of Natural Resources and Environment, Melbourne

Department of Natural Resources and Environment (2001). Integrated Agri-Aquaculuture Systems. Investment Portfolio. Melbourne.

Love,G.and Langenkamp, D.(2003) Australian Aquaculture: Industry Profiles for Related Species , ABARE e Report 03.8, Prepared for the Fisheries Resources Research Fund, Canberra.

Marine and Freshwater Resources Institute (2002)

Commercial Fish Production - Information Bulletin 2002

Department of Natural Resources and Environment, Melbourne.

National Aquaculture Development Committee (2002), Report to Government and Industry, Aquaculture Industry Action Agenda.

Office of Regulatory Reform (1999), Review of the Regulatory Arrangements in the Victorian Aquaculture Industry.

Appendix F. Glossary

Aquaculture is the farming of aquatic organisms including fish, molluscs, crustaceans and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding and protection from predators. Farming also implies individual or corporate ownership of the stock being cultivated.

Aquaculture production is the live weight quantity of product marketed by aquaculturists.

Aquaculture value is the assessed value received by aquaculturists on the basis of an at 'farm-gate' equivalent, for product marketed.

'As- of- right use' is a use that does not require a town planning permit under the VPP (otherwise known as a Section 1 use).

Dams are waterways constructed for purposes other than aquaculture, such as stocking water stations.

Extensive aquaculture systems are systems that involve a small degree of management on behalf of the farmer in the form of water quality maintenance and feeding regimes. Extensive systems traditionally have low stocking rates.

Farm-gate price is the assessed market value of live or dead seafood based on data supplied by the Melbourne Wholesale Fish Market and industry organisations.

Flow-through systems (raceways) are systems for providing a flow through of water to enable the rearing of dense populations of fish. They include tanks (excluding recirculation systems), raceways, purpose built bottom draining ponds and other manufactured containers that allow the flow through of water from inflow points to outflow points.

General provisions are a standard set of requirements to guide the administration of planning schemes, existing uses, decision guidelines, referral of applications, and other matters.

Grow-out (on-growing) is when stock is produced in a hatchery or collected from the wild as juveniles and is then grown to marketable size.

Hatchery production is the number of cultured species produced within the hatchery for purposes such as restocking, on-growing or sale as fingerlings or juveniles.

Hatchery destination is the destination to which hatchery produced stock is sent. For example, hatchery stock may be produced for the purpose of restocking waterways or may be sold to other farms for on-growing.

Intensive aquaculture systems are more technologically advanced than extensive systems. They involve high levels of energy input and some allow total control of the environmental conditions to enable higher stocking rates and higher yields.

LPPF: Local Planning Policy Framework

Mariculture is aquaculture carried out in marine waters.

Market-driven aquaculture is where the choices of species and products are driven by market demand, as determined by market research (cf. Production-driven aquaculture).

MSS: Municipal Strategic Statement

On-growing (grow-out) is when stock is produced in a hatchery or collected from the wild as juveniles and is then grown to marketable size.

Ornamental fish species are exotic and native fish sold as aquarium fish, including goldfish.

Overlay is a planning scheme provision that indicates the land has some special feature, for example a heritage building or place, and describes the requirements that apply for the use and development of the area covered by the overlay.

Particular provisions are implements of planning schemes that apply to specific activities, for example car parking, and apply in addition to the requirements of zones, overlays or any other provision of the planning scheme.

Post-harvest staff are permanent and casual staff involved in processing activities on-site.

Production quantity is a measure of the quantity of fish product harvested based on data from the aquaculture production return forms.

Production-driven aquaculture is where the choices of species and products are driven by existing equipment, expertise, growing conditions or historical factors, rather then market demand (cf. market-driven aquaculture).

Production staff are permanent and casual staff involved in the farming activities on-site.

Production value is the assessed value at the point of harvesting for the quantity of product produced at the point of harvesting.

Raceways see above flow-through systems.

Recirculation systems (RAS) are systems for growing large quantities of fish in a relatively small area in tanks, and are designed to allow the control of environmental conditions through treatment of water and removal of wastes, and the reuse or recirculate the water.

SPPF: State Planning Policy Framework

SEPP: State Environment and Protection Policy (declared under section 16 of the Environment Protection Act 1970)

VPP: Victorian Planning Provisions