Miscellaneous permits for aquaculture

What is a Section 37 Permit?

A Section 37 permit is required for any activity that involves taking or possessing fish or marine vegetation that would otherwise be unlawful under the Fisheries Management Act 1994.  This includes any aquaculture related activity such as broodstock collection.

How to apply for a Section 37 Permit relating to an aquaculture activity?

To apply for a permit, please complete the relevant application form (see below).  The form must be completed in full and accompanied by:

• an environmental assessment (REF Proforma) except for inland broodstock collection.
• the relevant permit application fee (refer to the fee schedule).

Completed application forms can be emailed to fisheries.permits@dpi.nsw.gov.au.

Environmental Assessment

The Department of Primary Industries and Regional Development (DPIRD) has a statutory responsibility under Section 5.5 of the Environmental Planning & Assessment Act 1979 to assess the environmental impacts of activities authorised by permits. To assess the likely impacts of a fishing related activity, DPIRD requires a Review of Environmental Factors (REF) to be prepared.  This forms part of your application for a Section 37 permit.

The only exemption to this rule is when applying for a Broodstock Collection Permit for inland waters only. If collection will occur in any coastal waters, then a Review of Environmental Factors (REF) must accompany the application form.

The REF will be used by DPIRD to make an assessment of the likely environmental impacts of the activity.  A REF should be sufficiently detailed to enable DPIRD to examine and take into account to the fullest possible extent all matters affecting or likely to affect the environment by reason of the proposed activity.

Please complete the REF pro forma within the application form.  The REF guidelines provide further information and will assist you in completing the REF.