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MCU12/0041- DAFF Response - Acquaculture

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                                                                                                    Queensland
     Our reference: BAC/030/000(707)
     Your reference: JL:ae:MCU12/0041                                 liijiiiiii
                                                                             80490641
                                                                                                        Government

     31 May 2012


     Attention MR Jack Lewis
                                                                                          ci)       Department of
                                                                                                    Agriculture, Fisheries
                                                                                                    and Forestry
     Development Planner
     Sunshine Coast Regional Council
     Locked Bag 72
     Sunshine Coast Mail Centre QLD 4560


     Dear Sir


     Concurrence agency response

     (Issued under sections 282, 285, 287 and 289 of the Sustainable Planning Act 2009)



     Proposal:            MCU     -

                                      Aquaculture
     Location:            429 Kennedys Road, Pomona 4568

     Properly Description:                      Lot 7 MCH 793



     Fisheries Queensland, part of the Department of Agriculture, Fisheries and Forestry,
     as a concurrence agency for this               application, has assessed the development application
     against the purposes of the Fisheries Act 1994.

     Should the development application be approved, Fisheries Queensland requires that
     the following aspects of the development be subject to the requirements and
     conditions stated in or attached to this response.


     1. Type of approval


          Aspect of development                                Type of Approval                         Approval no.
                                                                                                2012BI0453
      Operational works associated with              Development Permit (subject to
      aquaculture                                    conditions)




     2. Conditions
     Conditions imposed on this development by Fisheries Queensland are stated in the

     ’Depmiment of Agriculture, Fisheries and Forestry conditions’ attached.

     Please note that Plan 11-3121AA is integral to condition number 2 and therefore
     forms part of this condition.


     Basisfor inclusion ofconditions:
     Conditions have been applied as Fisheries Queensland must assess the development

     application against the purposes of the Fisheries Act 1994 and relevant codes. The
     proposed development can only comply with those purposes, including promoting
     ecologically sustainable development, if compliance with the abovementioned
     conditions is achieved.
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3. Approved plans

The development must be consistent with the following approved plans:

     Plan Number                                  Title                             Date

 11-3121AA                      Plan showing location of proposed                19/05/2011

                                ponds at Lot 7 on MCH793


4. Relevant period

If the application is approved, the approvals for the aspects of development listed
above will lapse if the development is not started within the relevant periods stated in
section 341 of the Sustainable Planning Act 2009 (ie. for operational works, 2 years
starting the day the approval takes effect).

5. Additional advice to the applicant

If the Assessment Manager approves this application then, in addition to the
stated DAFF conditions, all persons operating under such a development
approval must comply with all relevant sections of the Fisheries Act 1994 and
the Fisheries Regulation 2008.

(Note thefollowing list is to be used as a guide only and is not an exhaustive register
ofan individual’s obligations under Queensland Fisheries legislation)

.   Diseased Fisheries Resources
    Under the Fisheries Act 1994 (section 100)a person who knows or reasonably suspects
    fisheries resources are showing signs of disease or reasonably suspects disease my be in
    fisheries resources must immediately notify the chief executive or an inspector. Failure to
    notify may incur a maximum penalty of up to 2000 penalty un its.

.   Information req uirements for wholesale sale of fisheries Resources
    Section 655 & 656 of the Fisheries Regulations 2008 specify:
    (1)The seller must give to the buyer, and the buyer must obtain from the seller, a docket
    for the sale in the approved form (a sale docket) containing each of the following
    particulars-
    (a)the name of the buyer;
    (b)the buyer’s accreditation number under the seafood food safety scheme or, if the buyer
    is not accredited under the scheme, the address of the buyer;
    (c)the name of the seller;
    (d)if the seller is acting under an authority-the number of the authority;
    (e)if the seller cultivated the fisheries resources, or is actil1g for a person who cultivated
    the fisheries resources, under a development approval-the number of the approval;
    (f)if paragraphs (d)and (    e) do not apply-the address of the seller;
    (g) if the seller is an entity that is incorporated under the Associations Incorporation Act
    1981 and engages in stocking fish-the number of the entity’s certificate of
    incorporation;
    (h)the date of the sale to which the docket relates;
    (i)the relevant quantity particulars for each species offish sold;
    U)the estimated total quantity, by weight or number, of all fish sold;
    (k)the form in which the fish are sold. Examplesfor paragraph (k)-live,whole, or in
   fillets

Page 3

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        (2)The seller and buyer comply with subsection (1)if the buyer prepares the sale docket
        and the seller signs it.
        (3)In this section- seafood food safety scheme means the seafood scheme under the
        Food Production (Safety)Act 2000.


        Additional requirements for wholesale seller of fisheries resources
        (1)The seller must keep a copy of the sale docket for the sale of the fish for 5 years after
        the day the seller stops possessing the fish.
        (2)If the seller consigns fish to the buyer, the seller must ensure the consignment is
        accompanied by a copy of the sale docket for the sale of the fish.

    .   Cultural Heritage
        Under the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Act 2003 a

        person who carries out an activity must take all
                                                         reasonable and practicable measures to ensure
        the activity does not harm Aboriginal or Torres Strait Islander cultural heritage (the "cultural
        heritage duty ofcare"). An assessment of your proposed activity against the duty of care
        guidelines will help you determine whether or to what extent Aboriginal cultural heritage may
        be harmed by your activity. If following an assessment of the duty of care guidelines you
        believe cultural heritage may be harmed by your proposed activity, you should contact the
        Cultural Heritage Coordination Unit for ft111her advice on
        (07)3238 3838. Further information on cultural heritage and a copy of the duty of care
        guidelines and cultural heritage search forms can be obtained from www.derm.qld.gov.au.

    .
        Aquaculture Fisheries Resources for Restocking
        Under the Fisheries Act 1994 and the Fisheries Regulations 2008 a person must not
        unlawfully possess or release aquaculture fisheries resources, noxious fisheries resources
        or non-indigenous fisheries resources into Queensland waters without the appropriate

        approvals from Fisheries Queensland.

        Fisheries legislation and policies relating to the release of aquaculture fisheries resources
        for stocking purposes, such as the Translocation Policy, must be considered in the
        practice of rearing fish for stocking purposes. The main purpose of these provisions is to
        ensure that fish released into Queensland waters have the same genetic make-up as
                                                                                                wild

        fish in the areas in which they are released. This means that the integrity of identified
        sub-species or genetic strains where appropriate must be maintained iffish are to be used
        for stocking purposes.


    .   Acid Sulfate Soil

        Any soil disturbance resulting from development works should be managed to prevent
        acid sulfate soil development as outlined in the current version ofthe Qld Acid Sulfate
        Soils Technical Manual Soil Management Guidelines. To obtain a copy of this document
        or for further information on acid sulfate soils, please contact Queensland Acid Sulfate

        Soils Investigation Team (QASSIT)on 3896 9819 or access the website
        www.derm.qld.gov.au      .




    For more details and a copy of the relevant policies and approval procedures, please contact

    Fisheries Queensland.


                                            *        *        *

Page 4

.
    jo.




          If you require any further information regarding the assessment of this application,

          please contact Fisheries Queensland on telephone 34002039.

          Yours sincerely




          Max Wingfield

          Supervising Extension Officer
          Fisheries Queensland




          Att:   Department of Agriculture, Fisheries and Forestry Conditions


          Cc:    Daren Knowles

                 C/- Max Watterson
                 PO Box 639

                 Cooroy 4563

                 District Manager
                 Queensland Boating and Fisheries Patrol
                 PO Box 20
                 Tewantin    Qld 4565

Page 5

                                                                                          Queensland
                                                                                           Government


                                                                                          Department of
                                                                                          Agriculture, Fisheries
                                                                                          and Forestry



   DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
                      CONDITIONS

   Applicant(s)/Address:               Mr Darren Knowles of 429, Kennedys Road, Pomona, OLD 4568


   Purpose:                            Material change of use for aquaculture

   DAFF Reference:                     2012BI0453

   File Number:                        BAC/030/000(707)

The Department of Agriculture, Fisheries and Forestry has assessed the above development
application against the purpose of the Fisheries Act 1994.

It has been determined that the approval should be a Development Permit to which the following
conditions apply:


       The operator is authorised to conduct aquaculture on and harvest the following approved
       species:
       Common Name                                          Scientific Name


        Australian bass                                     Macquaria novemaculeata

        Barcoo grunter                                      Scortum barcoo


        Barramundi                                          Lates calcarifer


        Eel tail catfish                                    Tandanus     ndanus


        Eels                                                Anguilla reinhardtii

        Eels                                                Anguilla australis

        Freshwater shrimp                                   Macrobrachium rosenbergii


        Freshwater shrimp                                   Macrobrachium australiensis


        Gold-cheek krib                                     Pelvicachromis subocellatus


        Golden dwarf cichlid                                Nannacara anomala


        Golden perch (Cooper Creek strain)                  Macquaria ambigua n.sp

        Golden perch (Dawson River strain)                  Macquaria ambigua oriens

        Golden perch (Murray-Darling strain)                Macquaria ambigua ambigua

        Goldfish                                            Carassius auratus


        Gold-line rasbora                                   Rasbora steineri


        Gulf Saratoga                                       Scleropages jardinii

        Guppy                                               Poecilia reticulata


        Hard lipped barb                                    Osteochilus hasseltii


        Harlequin rasbora                                   Trigonostigma heteromorpha




                                                                                               Chief Executive



                                                                                               Date
                                                                                                      .::l/.6.:-/.<:?!?~1_
                                                                                                             Page 1 of 5
Department of Agriculture, Fisheries and Forestry

Page 6

        Hatchetfish                                 Carnegiella spp.

        Hatchetfish                                 Thoracocharax spp.


        Headstander                                 Abramites hypselonotus


        Headstander                                 Anostomus spp.


        Hi-spot rasbora                             Rasbora dorsiocellata


        Honey dwarf gourami                         Trichogaster chuna (Colisa chuna)

        Indian hatchetfish                          Chela laubuca


        Javanese rice fish                          Oryzias javanicus

        Julie                                       Julidochromis spp.


        Kerrs danio                                 Brachydanio kerri

        Keyhole cichlid                             Cleithracara maroni (Aequidens maronii)


        Killiefish                                  Aphyosemion spp.

        Kissing gourami                             Helostoma temmincki


        Kooli barb                                  Puntius vittatus


        Kuhli loach                                 Pangio kuhli (Acanthophthalmuskuhli)

        Latticed cichlid                            Limnotilapia dardennii

        Leopard danio                               Oanio frankei (Brachydanio frankei)


        Lipstick leporinus                          Leporinus arcus

        Little giant gourami                        Colisa fasciatus (Colisa fasciata)


        Long-band rasbora                           Rasbora einthovenii


        Longfin barb                                Puntius arulius (Capoeta arulis)


        Long-finned african tetra                   Brycinus longipinnis

        Malayan flying barb                         Esomus malayensis


        Malayan halfbeak                            Oermogenys pusillus

        Mary River cod                              Maccullochella peelii mariensis


        Medaka                                      Oryzias latipes

        Melanochromis                               Melanochromis similis


        Microbrycon                                 Boehlkea fredcochui (Microbrycon fredcochui)


        Mono                                        Monodactylus argenteus

        Moonlight gourami                           Trichogaster microlepis

        Moori                                       Tropheus moorii

        Multi-banded leporinus                      Leporinus multifasciatus

        Murray cod                                  Maccullochella peeli peeli


        Myers hillstream loach                      Pseudogastromyzon myersi

        Neon tetra                                  Paracheirodon innesi


        Orange-finned rasbora                       Rasbora vaterifloris


        Ornate pimelodus                            Pimelodus ornatus


        Oscar                                       Astronotus ocellatus


        Panchax                                     Aplocheilus spp.

        Panch ax                                    Epiplatys spp

        Paradise fish                               Macropodus opercularis




                                                                                          Chief Executive



                                                                                          Date
                                                                                                 ..:J.I.M.~f..1....
Department of Agriculture, Fisheries and Forestry                                                      Page 2 of 5

Page 7

        Pearl danio                                 Brachydanio a/bo/ineatus

        Pearl gourami                               Trichogaster /eeri

        Pencilfish                                  Nannostomus spp.


        Pencilfish                                  Poeci/obrycon spp.

        Penguin fish                                Thayeria spp.

        Platy                                       Xiphophorus macu/atus

        Platy variatus                              Xiphophorus variatus

        Poormans glass catfish                      Kryptopterus macrocephalus

        Pristella                                   Pristella maxillaris


        Pygmy gourami                               Trichopsis pumi/us

        Rainbow shark                               Epa/zeorhynchos munense (Labeo erythrurus)

        Rainbowfish                                 Me/anotaenia spp.


        Rainbowfish                                 G/osso/epis spp

        Rainbowfish                                 Chilatherina spp


        Red striped barb                            Puntius bimacu/atus


        Redclaw crayfish                            Cherax quadricarinatus


        Red-finned black shark                      Epa/zeorhynchos bic%r (Labeo bic%r)

        Red-finned shark                            Epa/zeorhynchos frenatus (Labeo frenatus)

        Red-line rasbora                            Rasbora pauciperforata


        Rosy barb                                   Puntius conchonius


        Saddled hillstream loach                    Homa/optera orthogoniata

        Sailfin molly                               Poeci/ia /atipinna


        Sarawak rasbora                             Rasbora sarawakensis


        Scissor-tail rasbora                        Rasbora tri/ineata


        Siamese flying fox                          Crossochei/us siamensis (Epa/zeorhynchus siamensis)


        Silver perch                                Bidyanus bidyanus

        Silver prochilodus                          Semaprochi/odus insignis

        Silver rasbora                              Rasbora argyrotaenia


        Sleepy cod                                  Oxye/eotris /ineo/atus

        Southern saratoga                           Sc/eropages /eichardti

        Sphenops mollie                             Poecilia sphenops


        Spiny eel                                   Macrognathus acu/eatus

        Spot-tailed leporinus                       Leporinus me/anop/eura

        Spot-tailed rasbora                         Rasbora caudimacu/ata


        Spotted danio                               Danio nigrofasciatus (Brachydanio nigrofascicatus)


        Spotted leporinus                           Leporinus macu/atus

        Spotted rasbora                             Boraras macu/atus (Rasbora macu/ata)


        Striped barb                                Puntius /ineatus


        Striped kribensis                           Pe/vicachromis taeniatus


        Striped leporinus                           Leporinus striatus

        Sucker catfish                              Otocinc/us flexi/is (Otocinc/us arno/di)




                                                                                               Date   ....J.I./.r!~(L
Department of Agriculture, Fisheries and Forestry                                                          Page 3 of 5

Page 8

       Swegles tetra                                          Hyphessobrycon sweglesi (Megalamphodussweglesi)

       Swordtail                                              Xiphophorus helleri

       Tetra                                                  Hyphessobrycon spp.

       Tetra                                                  Hemigrammus spp.

       Tetra                                                  Moenkhausia spp


       Thick lipped gourami                                   Trichogaster labiosus (Colisa labiosa)

       Thin-banded barb                                       Puntius semifasciolatus (Capoeta semifasciolatus)


       Tic-tac-toe barb                                       Puntius ticto


       Tiger barb                                             Puntius tetrazona (Capoeta tetrazona)


       Tricolor shark                                         Balantiocheilos melanopterus


        Twig catfish                                          Farlowella acus


        Variegated shark                                      Labeo variegatus


        Whiptail catfish                                      Loricaria filamentosa


        White cloud mountain minnow                           Tanichthys albonubes

        Yabby                                                 Cherax destructor


        Yellow tail rasbora                                   Rasbora dusonensis


        Yucatan molly                                         Poecilia velifera


        Zebra danio                                           Danio rerio (Brachydanio rerio)




2      This development approval authorises activities within an approved Aquaculture Area of 7.2
       hectares (excluding the 5.67 hectare water storage dam) as defined and described on plan
       number 11-3121 AA as supplied in your application.

3      Aquaculture authorised under this approval is limited by the following:
       Proposal Details:             Aquaculture freshwater hatchery and growout
                                                          -




       Location:                     Lot 7 on MCH793, Sunshine Coast Council.


       Address:                      429 Kennedys Road, Pomona, QLD 4568


       DAFF Plan No.:                11-3121AA




4      The Manager, Aquaculture, DAFF, must be informed of any changes to the personal contact
       details within 28 working days.

5      An Aquaculture Production Return must be submitted to the Manager, Aquaculture, DAFF, by
       close of business on 31    each
                                 July       during the term of this Development Approval. This
                                           year
       includes lodging a "nil return" when no activity has occurred.

6      Aquaculture fisheries resources must not be released into Queensland waters (as defined in the
       Acts I nterpretation Act 1954)other than those waters approved under th is Development Approval.

7      Unless otherwise authorised, fisheries resources that are to be aquacultured and subject to this
       Development Approval must not be sold, traded, or given away for the purposes of using for
        bait. This includes the use of whole fish and any part of the fish

8       Freshwater prawn (Macrobrachium australiensis) can be sold as bait.

9      Any Development Approval and/or Resource Allocation Authority area, and any associated
       areas which are used for activities related to the approved aquaculture operation (including

       processing), and all records relating to the aquaculture activity, must be made available for
       inspection by an inspector under the Fisheries Act 1994 during reasonable hours.




                                                                                                       Chief Executive


                                                                                                       DateY.(~&CL-
                                                                                                                  Page 4 of 5
Department of Agriculture, Fisheries and Forestry

Page 9

10     The possession and use of "regulated fishing apparatus" under the Fisheries Regulation 2008,
       Chapter 4, Part 1, Division 4, Subdivision 1 (freshwater)and Subdivision 2, sections 188 and
       189 (marine), are authorised at the approved Aquaculture Area.

11     A perimeter barrier/fence, which is impervious, must be maintained, for all size classes of the
       species that are approved under this Authority which are capable of overland escape.
12     All reasonable and practicable measures to ensure that all waters (ponds,tanks, aquaria etc.) on
       the approved area are screened in such a way to prevent the escape of any specimens (eggs,
       juveniles or adults) into Queensland waters (as defined in the Acts Interpretation Act 1954).
13     This Development Approval authorises the purchase of broodstock and/or culture stock from
       the holder of a commercial fishing boat licence, a Commercial Fisher, or holder of any other
       authority that allows the sale of the approved species.

14     The control over the release of water from all ponds, tanks and drainage systems within the
       approved area must be maintained at all times.
15     Where waters are introduced for the aquaculture of the approved species, the developer must
       implement all reasonable measures to ensure all waters are sufficiently screened to prevent the
       movement of any juvenile or adult wild fauna (excepting zooplankton) into the approved area.

16     The movement of all freshwater crayfish and prawns must comply with the "Health Protocol for
       the Importation and Movement of Live Freshwater Crayfish and Prawns (FAMPR006)".

17     The movement of all freshwater native finfish (other then barramundi and eels) must comply
       with the "Health Protocol for the Importation and Movement of Live Freshwater Native Finfish
       (other than barramundi and eels) (FAMPR007)". The movement of all eels must comply with
       the "Health Protocol for the Importation and Movement of Live Eels (FAMPR005)".

18     The movement of all eels must comply with the "Health Protocol for the Importation and
       Movement of Live Eels (FAMPR005)".

19     The movement of all barramundi must comply with the "Health Protocol for the Importation and
       Movement of Live Barramundi (FAMPR002)".

20     Mary River Cod must not be sold traded or given away for stocking of Queensland waters (as
       defined in the Acts Interpretation Act 1954). They may however be sold to the aquarium trade
       or for direct consumption.


21      No organisms originating from the aquaculture of exotic species is permitted to reach
       Queensland waters (as defined in the Acts Interpretation Act 1954).

22     All containers used to aquaculture exotic species are to be screened to exclude vertebrate
        predators (eg. Birds)

23     Containers used for the aquaculture of exotic species must be constructed on land that is
       situated above the 1:1 00 (Q100)flood level.

24     Filters or screens must be installed to ensure that all waters leaving containers used for the
       aquaculture of exotic species are treated to prevent the escape of eggs, juveniles or adults into
       Queensland waters (as defined in the Acts Interpretation Act 1954).

25      No water originating from the aquaculture of exotic species is permitted to reach Queensland
       waters (as defined in the Acts Interpretation Act 1954) with the exception of constructed storage
       dams located above Q1 00 limits and used for the purposes of water storage and reuse only.


Basis for inclusion of conditions:


     .    The Department of Employment, Economic Development and Innovation must assess the
          development application against the purposes of the Fisheries Act 1994. This application can
          only comply with those purposes, including promoting ecological sustainable development, if
          compliance with the abovementioned conditions is achieved.




                                                                                       Chie


                                                                                               .1/~/L
                                                                                       Date........................


Department of Agriculture, Fisheries and Forestry                                                      Page 5 of 5

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