The Queensland finfish aquaculture industry through the Technical Advisory Group has formulated this Code of Practice in recognition of the industrys need to become recognised as an environmentally responsible and sustainable industry and to assist industry members define standards of performance.
The finfish aquaculture sector covers many different species, production techniques and environments. It is the intention of this Code of Practice to specifically include both marine and freshwater hatcheries and grow out facilities for all species with the exception of eel farming and cage culture.
Specifically the document aims to:
- Be relevant to Queensland finfish aquaculturists;
- Be practical;
- Provide options for management;
- Be flexible;
- Provide a mechanism for environmental self regulation;
- Fall within the legal requirements of Queenslands Environmental Protection Act 1994, Environmental Protection (Interim) Regulations 1995 and relevant Environmental Protection Policies;
- Fall within the requirements of the Fisheries Act 1994, Fisheries Regulations 1995 and relevant fisheries policies, and;
- Provide new entrants to the industry with clear standards of performance.
It is the objective of this document to provide best practice management techniques to minimise the potential of environmental impacts due to the culture of finfish in Queensland. This will result in consistency of performance and clarity of environmental objectives across the industry.
What is a Code of Practice:
A Code of Practice provides a self imposed set of rules for the carrying out of a specific activity. It is the responsibility of the proponent of a Code of Practice to define the intended purpose and to specify the particular operational practices to be adopted.
A Code of Practice does not however replace the need for aquaculturists to obtain and comply with all necessary approvals and licenses. In Queensland a Code of Practice may become a legal document, and may be called up to prescribe appropriate legal practices.
In Queensland, every person has a general environmental duty to take all reasonable and practicable measures to prevent or minimise environmental harm. Environmental harm is unlawful unless it is authorised under an Environmental Authority, Environmental Protection Policy, an Environmental Management Program, a license, an approval, an Environmental Protection Order or an emergency direction. Additionally it may be a breach of the Fisheries Act to undertake practices which adversely impact on fisheries resources or are specifically regulated within the legislation.
The EPA allows the Minister for the Environment to approve this Code of Practice, which states ways for finfish aquaculturists to achieve compliance with the General Environmental Duty of Care and so be within the law as a way of managing activities that cause or are likely to cause environmental harm. An approved Code of Practice is not a regulation under the EPA, however it does have legal standing.
Under the Environmental Protection Act 1994, an approved Code of Practice has particular value as a defence to a charge of causing unlawful environmental harm. By following the accepted Code of Practice, finfish aquaculturists will be able to show “due diligence” and meet the legal requirements of the General Environmental Duty of Care.
It must be recognised that under the EPA, no penalties can be directly imposed on a finfish farmer for failing to follow advice in a Code of Practice approved by the Minister. Likewise, no protection can be afforded either.
NOTE: Approval for this Code of Practice has still to be obtained from the Minister for the environment.
Need for a Code of Practice:
Due to the nature or size of many finfish aquaculture facilities, they are not defined as Environmentally Relevant Activities under the EPA and hence are not afforded protection under the conditions of an issued authority. Operations carried out within the guidelines presented in an accepted Code of Practice are provided some protection under the EPA. Finfish aquaculture operations culture fish species which may not be endemic to the area of culture, or supply fingerlings through stocking programs for release into natural ecosystems. These activities provide inherent ecological risks which must be minimised through appropriate practices.
What this Code of Practice means:
Compliance with this Code of Practice will ensure that Queensland finfish aquaculturists minimise their potential environmental impacts both now and in the future, ensuring that industry members meet their General Environmental Duty of Care and additional responsibilities under the Fisheries Act.
This Code of Practice provides environmental objectives, principles and management practices to achieve compliance with the general environmental duty of care. Due to the variance within the finfish aquaculture industry in regard to sites, species, techniques, financial positions, markets and environmental conditions, not all principles and management practices as proposed in this document will be relevant to all facilities.
Aquaculturists must undertake the necessary management practices where it can be demonstrated to be reasonable and practicable to do so. In determining if a practice is reasonable and practicable, consideration must be given to the following;
- the current state of technology in the industry;
- the financial considerations of the action;
- the likelihood of successful outcomes from the action;
- the nature of the harm or potential harm; and,
- the sensitivity of the receiving environment.
This Code of Practice does not remove the legal requirements that finfish aquaculturists have under their Environmental Authority, Aquaculture License or other approvals. After suitable consultation and acceptance of the Code of Practice, future government approvals may include compliance with the Code of Practice as a condition.
Compliance with this Code of Practice is not only likely to reduce the potential environmental impacts of finfish aquaculture, it is likely to improve the profitability of existing and new farms through reduced operating costs.
Ecologically Sustainable Development The concept of Ecologically Sustainable Development has evolved from the World Commission on Environment and Developments report, Our Common Future (1987). It can be generally defined as conserving and enhancing the communitys resources such that, our total quality of life, both now and in the future, is secured.
This Code of Practice supports the principles of Ecologically Sustainable Development. The management practices set out in this Code of Practice provide a responsible approach to environmental management while ensuring that finfish farms will continue to be economically viable. Expected Environmental Outcomes
Outcomes:
New and existing finfish aquaculturists must achieve the following in order to comply with their legal responsibilities to protect the environment. Compliance may be demonstrated if all relevant Expected Environmental Outcomes can be shown to have been met.
All reasonable and practicable measures must be adopted to:
1. ensure that translocation of species only occurs for species as approved by the administering authority for any specific catchment, sub catchment or individual site;
2. optimise genetic resources;
3. prevent the release or culture of noxious fish species;
4. minimise the clearing of native vegetation and associated fauna habitats;
5. ensure that a finfish aquaculture operation does not lead to unacceptable direct or indirect impacts to aquatic ecosystems;
6. ensure that a finfish aquaculture operation minimises the discharge of nutrients into the receiving environment;
7. ensure that a finfish aquaculture operation does not lead to significant deterioration in groundwater quality, through unacceptable increases in groundwater salinity or nitrates;
8. minimise impacts on noise levels at noise sensitive locations at sensitive times;
9. minimise the impacts of odours at sensitive places;
10. minimise impacts on the environment from storage and use of pond sediments.
The Expected Environmental Outcomes will be achieved if producers adopt the appropriate management practices outlined in this Code of Practice.
Information Prepared By :
Dallas J Donovan
Information Sourced From:
