ERA 1 - Aquaculture

How to apply for your development approval and registration certificate:

1. Check your activity meets the criteria for ERA 1 – Aquaculture
2. Understand the fees
3. Apply for your development approval
4. Apply for your registration certificate

Contact us

We strongly encourage you to take advantage of our free consultation service before lodging your development application. This will ensure the correct information has been provided and your application can proceed without delays.

Email: palm@derm.qld.gov.au
Phone: 13 QGOV (13 74 68) or download the form Application for a pre-design/pre-lodgement meeting - EM1125 (Word, 285K)‡

1. Check your activity meets the criteria for ERA 1 – Aquaculture

Aquaculture is described as environmentally relevant activity (ERA) 1 in schedule 2 of the Environmental Protection Regulation 2008 (PDF)*.

Aquaculture (the relevant activity) consists of cultivating or holding marine, estuarine or freshwater organisms in an enclosure on land or in waters.
The relevant activity does not include cultivating or holding marine, estuarine or freshwater organisms—
1. in an aquarium for display purposes only
2. in an enclosure from which no water, other than uncontaminated stormwater, can be released to waters; or
3. if the marine, estuarine or freshwater organisms receive no augmented food supply.

Regulation common words or phrases

Augmented food supply means the addition of foods for cultivating or holding marine, estuarine or freshwater organisms.
Enclosure means a cage, pond or tank.

The annual fee is determined by the level of environmental impact, based on the size and scope of the activity. There are a number of ERA 1 – Aquaculture thresholds for this activity.

ERA threshold	ERA description	Annual fee	Administering Authority
ERA 1(1)(a)	Cultivating or holding crustaceans in enclosures that are on land and have a total area of more than 100m² to 10ha	Fee	DERM
ERA 1(1)(b)	Cultivating or holding crustaceans in enclosures that are on land and have a total area of more than 10ha to 100ha	Fee	DERM
ERA 1(1)(c)	Cultivating or holding crustaceans in enclosures that are on land and have a total area of more than 100ha	Fee	DERM
ERA 1(2)(a)	Cultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of more than 100m² to 10ha	Fee	DERM
ERA 1(2)(b)	Cultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of more than 10ha to 100ha	Fee	DERM
ERA 1(2)(c)	Cultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of more than 100ha	Fee	DERM
ERA 1(3)(a)	Cultivating or holding marine, estuarine or freshwater organisms in enclosures that are in waters and have a total area of no more than 1ha	Fee	DERM
ERA 1(3)(b)	Cultivating or holding marine, estuarine or freshwater organisms in enclosures that are in waters and have a total area of more than 1ha	Fee	DERM

The administering authority will be your contact agency for the life of the activity. Depending on the ERAs proposed, the administering authority will be either the:

local government;
Department of Employment Economic Development and Innovation (DEEDI); or
Department of Environment and Resource Management (DERM).

2. Understand the fees

Development approval

When applying for your development approval, an application fee is required as well as the annual fee for your proposed activity (see table above). These fees need to be paid when submitting your development application.

If your development application involves more than one ERA in the one application, the annual fee will be the single highest fee of all ERAs.

Please note: there may also be additional fees payable to other state or local government authorities.

Registration certificate

If applying for your registration certificate within 30 business days of your development approval taking effect, there are no additional fees.

However, if you are applying for your registration certificate after 30 business days of your development approval taking effect, additional fees apply. An application fee and an annual fee for the activity (see table above) are to be paid before submitting the registration certificate application.

When applying to undertake multiple activities as a single integrated operation, the annual fee will be the single highest fee of all ERAs.

Further information regarding the requirements for a single integrated operation can be found in the information sheet Requirement to become a registered operator – EM2452. (PDF, 66K)*

Additional fee information

Summary of annual fees for environmentally relevant activities (ERAs) - EM389 (PDF, 194K)*
Fees for permits for environmentally relevant activities (ERAs) - EM33 (PDF, 88K)*
Paying a reduced annual fee – EM264 (PDF, file unavailable)*

3. Apply for your development approval

To carry out your proposed activity, an application for a development approval under the Sustainable Planning Act 2009 is required.

Once you have prepared your application, you need to lodge it with the assessment manager.

For ERAs that are assessable against a local planning scheme, the assessment manager will usually be the local government. If you are unsure whether your activity is assessable against a planning scheme, please contact your local government.

If the activity is not assessable against a local planning scheme, the assessment manager will likely be the administering authority—local government, DEEDI or DERM (see table above). If the administering authority is not the assessment manager, they will provide input into your application as a concurrence agency.

Applications can be lodged as a hardcopy using the approved forms or online through Smart eDA (if relevant to the assessment manager).

Please note: online applications cannot be made directly to DERM using Smart eDA.

DERM requires additional information to assess your application regarding the ERA’s operation and potential environmental impacts.

Additional information

Please refer to the following information to assist in determining what additional documentation is needed when submitting your application:

The following links provide further specific information relating to ERA 1 – Aquaculture which you may need to consider when applying for a development approval:

Submitting your application

All applications submitted to the assessment manager (local government, DEEDI or DERM) must include:

the relevant application fee
all mandatory information as outlined in the application form
the owner’s consent if it is required under the Sustainable Planning Act 2009
evidence of resource entitlement if the development includes a state resource and where this is required by the Sustainable Planning Act 2009.

All applications which require referral to a concurrence agency as determined by the assessment manager must be submitted to the concurrence agency and must include:

the relevant application fee
a copy of the application
a copy of the acknowledgment notice provided by the assessment manager after they have received the application.

If DERM is the administering authority for your application, please submit the required documentation and payments to:

Regular post
Permit and Licence Management
Implementation and Support Unit
Department of Environment and Resource Management
PO Box 2454
Brisbane QLD 4001

Courier or registered post
Permit and Licence Management
Implementation and Support Unit
Department of Environment and Resource Management
Level 3, 400 George Street
Brisbane QLD 4001
(Opening hours 8.30 am – 4.30 pm business days)

4. Apply for your registration certificate

The final step before undertaking your proposed activity is to apply for your registration certificate. The best time to apply will depend on individual circumstances. For example, if you are applying within 30 business days of your development approval taking effect, no additional fees are payable. However, once your registration certificate is issued an annual fee will apply for every anniversary from this date.

If the activity is not immediately operational when your development approval takes effect, you may wish to postpone applying for your registration certificate. This will ensure that an annual fee is not incurred until the activity becomes operational.

Please note: an application fee and annual return fee (see table above) are still payable when submitting the application if it not lodged within 30 business days of your development approval taking effect.

You will need to apply to the administering authority for your registration certificate. Your application for a registration certificate must be submitted with the prescribed fee. Registration allows the registered operator to carry out the activities at the places stated in the certificate.

Registration certificates may be issued for multiple activities and sites where it is considered the activities are part of a single integrated operation.

To apply for your registration certificate, download the form Application for a registration certificate for an environmentally relevant activity - EM2438 (Word, 327K)‡ and if necessary the form Attachment 1 – to accompany your application for a registration certificate for multiple environmentally relevant activities (ERAs) - EM2434 (Word, 308K)‡, and post to:

Regular post
Permit and Licence Management
Implementation and Support Unit
Department of Environment and Heritage Protection
PO Box 2454
Brisbane QLD 4001

Courier or registered post
Permit and Licence Management
Implementation and Support Unit
Department of Environment and Heritage Protection
Level 3, 400 George Street
Brisbane QLD 4001
(Opening hours 8.30 am – 4.30 pm business days)

Further information

Requirement to become a registered operator – EM2452 (PDF, 66K)*

* Requires Adobe Reader
‡ Requires Microsoft Office files viewer

Last updated 2 May 2012