Annex 12 - Code 12 - Declared fish habitat area

  Performance outcomes                                                    Acceptable outcomes                                      Response
                                                                          AO4.5 Development that is for private jetties, fishing   Not applicable
                                                                          platforms and pontoons has an access walkway, if
                                                                          required, that is less than 2 metres wide.               Not a private structure
                                                                          AND
                                                                          AO4.6 Development that is for private buoy mooring       Not applicable
                                                                          is an environmentally friendly mooring design.
                                                                                                                                   Not a private buoy mooring
                                                                          For any other development, no acceptable outcome
                                                                          is prescribed.
  PO5 Development impacting communities’ fisheries                        No acceptable outcome is prescribed.                     Complies with PO5
  resources:
                                                                                                                                   There will be no restriction on community access to
       1. directly abuts land that has full riparian
                                                                                                                                   fisheries resources or habitats or recreational or
          access rights, or                                                                                                        indigenous fishing. Local licenced commercial
       2. is in a location within the declared fish habitat                                                                        fishers, recreational fishers and indigenous elders
          area with planning arrangements that support                                                                             have been consulted. For details see Project
          the structure e.g. designated or agreed                                                                                  Restoration Plan, Section 4.6. Public consultations
          mooring areas.

  Note: Further guidance on rights in context of fisheries resources
  and fish habitats is provided in the operational policy provisions of
  Management and protection of marine plants and
  other tidal fish habitats (FHMOP 001), Department of
  Primary Industries and Fisheries, 2007 .


  The provision of owners consent to lodge the
  development application does not confer rights.

State Development Assessment Provisions – version 2.6
State code 12: Development in a fish declared habitat area                                                                                                       Page 12 of 39