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Aquaculture (Tourism Development) Amendment Act 2021

In December 2021, the Parliament of South Australia passed the Aquaculture (Tourism Development) Amendment Bill 2021 to amend the Aquaculture Act 2001 (the Aquaculture Act) and thereafter, the Aquaculture (Tourism Development) Amendment Act 2021 (the Amendment Act) received Royal assent from the Governor on 9 December 2021. The amendments came into effect on the second anniversary of the date of assent on 9 December 2023.

About the Amendment Act

The Amendment Act empowers the Minister responsible for administration of the Aquaculture Act and the Department of Primary Industries and Regions (PIRSA) under delegation of the Minister to assess and approve, with conditions, applications for marine-based tourism developments (i.e. aquaculture tourism developments) located within aquaculture zones, under the following criteria:

The Minister is satisfied the relevant building work and commercial tourism activity comprising the development-

  • will complement, promote, be of benefit to, or otherwise relate directly to aquaculture undertaken within the aquaculture zone
  • can be undertaken in a manner that is ecologically sustainable
  • are consistent with the objects of the Aquaculture Act and any relevant provisions of an applicable aquaculture policy.

The amendments streamline the assessment and approval process for proponents, as they will no longer be required to separately seek development consent and an authority to use the seabed from multiple government agencies under other legislation, but can come directly to PIRSA to assess and approve their proposals under the Aquaculture Act.

In turn, this will improve proponent confidence in the application process, encourage investment and growth in this emerging agritourism industry, and promote South Australia’s aquaculture industry. It will also stimulate economic development and growth in the regions as South Australia’s current twelve aquaculture zone policies are located within regional coastal areas of the State.

The intent of the Amendment Act is to regulate aquaculture related tourism developments consistent with relevant provisions under the Aquaculture Act, subordinate legislation, and assessment and management processes of PIRSA for aquaculture leases and corresponding licences in State waters to the extent that it is reasonable to do so.

PIRSA is currently undertaking other administrative processes to assist the efficient and effective assessment of aquaculture related tourism development applications (e.g. developing application forms and fees) and their ongoing management. Once these administrative processes have been completed PIRSA will announce that applications may be submitted for new tourism development proposals.

Key changes:

  • only applies to aquaculture related tourism developments located within aquaculture zones
  • aquaculture related tourism developments located outside aquaculture zones are still permitted under different legislation via application to and assessment by other government agencies
  • does not apply to tourism developments which do not involve construction of infrastructure (e.g. boat/walking tours).
  • removes the development consent requirement and alters the seabed authority requirement and replaces it with a single government assessment and approval process by PIRSA
  • the Minister/PIRSA may approve aquaculture tourism developments via a single application, and grant two authorities containing conditions:
    • aquaculture tourism development authorisation (approval to construct; equivalent to development approval)
    • a tourism lease or tourism licence (approval to use the seabed)
  • building work must be certified by a building certifier as complying with the Building Rules
  • application assessment process includes referral to the Environment Protection Authority, Native Title holders/claimants, and seabed authority/entitlement holders, as well as public notice seeking feedback
  • application and annual fees apply (to be determined).

Aquaculture tourism development examples

Examples of aquaculture tourism developments:

The Salt Water Pavilion located at Coffin Bay in the Kellidie Bay aquaculture zone of the Aquaculture (Zones – Coffin Bay) Policy 2008.

Oyster farm tours

Photo courtesy of Oyster Farm Tours - Coffin Bay

SA Premium Oyster Farm Tours platform located at Smoky Bay in the Vinya intertidal aquaculture zone of the Aquaculture (Zones – Smoky Bay) Policy 2007.

Pontoon

Photo courtesy of SA Premium Oyster Farm Tours

Documentation/Further Information

Contact

Matthew Hoare, Manager Aquaculture Planning
Email: matthew.hoare@sa.gov.au
Phone: (08) 8429 0400

Page last reviewed: 12 Dec 2023

 

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