Marine Farming Planning Amendment Regulations 2017
I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine Farming Planning Act 1995 .
18 July 2017A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
JEREMY ROCKLIFF
Minister for Primary Industries and Water
These regulations may be cited as the Marine Farming Planning Amendment Regulations 2017 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Marine Farming Planning Regulations 2016 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definition of Act and substituting the following definitions:Act means the Marine Farming Planning Act 1995 ;Director means the Director, Environment Protection Authority appointed under the Environmental Management and Pollution Control Act 1994 .
5. Regulation 8 inserted
After regulation 7 of the Principal Regulations , the following regulation is inserted:8. Special penalty for obstruction of execution of plans
(1) In the case of an offence against section 91(1) of the Act constituted by the holder of a lease or a sub-lease exceeding the assigned quantity of dissolved nitrogen, the special penalty to be imposed under section 91(3) of the Act is a fine of $150 000 for each tonne of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen.(2) For the purposes of subregulation (1) , where the amount of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen is not a whole number of tonnes, the special penalty is to be calculated on a pro rata basis.(3) For the purposes of this regulation –assigned quantity of dissolved nitrogen means the quantity of the total permissible dissolved nitrogen output, attributable to marine farming operations in respect of a particular area or part of a particular area, that is the quantity apportioned, by a determination of the Director from time to time under a marine farming development plan, to the lessee or sub-lessee;particular area means an area determined by the Director from time to time under a marine farming development plan.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 July 2017
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Marine Farming Planning Regulations 2016 by prescribing the method for calculating a special penalty for an offence against section 91 of the Marine Farming Planning Act 1995 that involves exceeding the total dissolved nitrogen output permissible under a marine farming development plan.