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Ministerial permits & exemptions

Ministerial permits and exemptions

Ministerial permits and exemptions are required to undertake activities that would otherwise contravene the provisions of the Fisheries Management Act 2007 and supporting regulations.

These requests are considered on a case-by-case basis. Ministerial permits and exemptions are only given where the Minister is satisfied there is good reason for the proposed activity.

Applications are individually assessed after completed forms have been lodged with PIRSA, and associated fee payments have been made.

Assessment process

The assessment and determination of applications takes approximately 3 months. This timeframe may vary and can take longer, depending on the:

complexity
current fisheries management arrangements in place
need for further information to be provided
consideration of any additions or variations to the original application made by the applicant during the assessment process
need for consultation with other agencies or departments.

Please ensure adequate time for the assessment process when submitting an application form and making payment.

Considerations

Each application, including repeat applications in subsequent years, is considered on its merits. There is no guarantee an application will be successful. The assessment process takes into consideration:

the compliance with conditions of prior exemptions or permits held by the applicant, including reporting requirements
the results of any ecologically sustainable development (ESD) risk assessment conducted
whether the proposed activity meets the objectives of the Fisheries Management Act 2007.

Assessments for ministerial permits to release aquatic resources are done in accordance with the Policy for the release of aquatic resources (PDF 201.6 KB).

Management arrangements

Fees

The Fisheries Management Act 2007 requires fisheries to be managed in a cost-effective manner, with targets set for the recovery of management costs.

An application fee for ministerial permits and exemptions is payable at the time of submitting an application. This relates to the costs of assessing an application. Fees are set at the beginning of each financial year.

Applications will not be processed until payment has been made, or a fee waiver approved.

Waivers and variations

Applicants can apply for a waiver of application fees for an exemption or permit, by indicating on their application form and providing detailed reasoning.

Applications can also be made to vary existing ministerial exemptions and permits. This may incur fees, and depending on the requested variation, may have similar assessment timeframes.

Conditions

Successful applications for ministerial exemptions and permits will receive a notice detailing the conditions that must be followed, and the valid time frame of the notice. Conditions may include:

where the activity can take place
who can deliver the activity, based on the agency requested in the application
limits to species types and numbers
limits to gear types and numbers
prior and post reporting requirements.

Ministerial exemptions may be given for periods of up to 12 months and are not renewable.

Apply for a permit, exemption, or variation

Applications can be submitted via online forms below.

PDF forms are also available to download and submit via:

Email: PIRSA.MinisterialExemptionsandPermits@sa.gov.au
Post: PIRSA Fisheries and Aquaculture, GPO Box 1625, Adelaide SA 5001