The Department of Primary Industries Queensland Fisheries Services (QFS), has recently completely revised the Fish Habitat Management Operational Policy for the statutory Management and Protection of Marine Plants in Queensland. The following information is a summary of key elements of the main Policy. For detailed information, please refer to the main Policy and to the Policy Supplement/s prepared to address emerging management issues.

Why are marine habitats important?
The primary value of marine plants to fisheries productivity is their contribution, through the process of photosynthesis, to a detritus based food web and in providing a range of habitats (for shelter, feeding and nursery areas) for fish stocks. All tidal lands, vegetated and unvegetated areas provide fish habitats, while maintaining the high biodiversity of aquatic life found in Queensland marine and estuarine ecosystems.

Marine plants and fish stocks are shared community resources. The Fisheries Act 1994 recognises that detrimental impacts may occur as part of using and accessing these resources. The issue of permits for the disturbance of marine plants only for fully justified and mitigated purposes provides a mechanism to ensure impacts are minimised.

What are marine plants?
The term marine plant, under the Fisheries Act 1994, includes plants that usually grow on, or adjacent to tidal lands and includes all material of such plants whether living, dead, standing or fallen and the material of other plants on tidal lands. Included in this broad definition are mangroves, seagrass, saltcouch, algae and samphire (succulent) vegetation and adjacent plants such as Melaleuca and Allocasuarina .

How are they protected?
The statutory obligations of Marine fish habitats are managed under the provisions of the Fisheries Act 1994 through the protection of marine plants, the declaration of Fish Habitats Areas (S.120) and the restoration of unauthorised damaged or destroyed habitats. These are complemented by the provisions of the Fisheries Regulation 1995, including Sections 38 and 39 which define the restrictions on the issue of marine plant or Fish Habitat Area permits.

Does this protection also apply to adjacent plants?
Protected marine plants are described in law as those growing on or adjacent to tidal lands. In many areas of coastal Queensland, important fish breeding and feeding sites are only connected to the estuary on a seasonal or periodic basis due to the action of spring tides and the movements of floodwaters during the wet season. Adjacent plant communities such as Melaleuca forests and Allocasuarina stands are highly significant to fisheries resources dependent on the maintenance of connectivity between habitats to complete their lifecycles. Therefore, statutory protection is also afforded to these adjacent plant communities and a permit application is required for their disturbance.

Why is a permit needed?
Marine plants are protected under the Fisheries Act 1994 and a permit is required for any disturbance. QFS policy requires that works or activities associated with applications have zero or minimal impacts on marine plants or other fish habitats. These works or activities are assessed against criteria that aim to meet the objectives of protection and enhancement of fish habitats, including marine plants. Unavoidable impacts will require mitigation/compensation.

When should I lodge an application?
An application must be lodged before any disturbances are undertaken. Permits are not issued retrospectively. Any disturbance, removal or damage of marine plants requires prior approval (Permit) from Department of Primary Industries QFS, under Section 51 of the Fisheries Act 1994.

Are there costs?
Marine Plant permit fees are provided under Schedule 10 of the Fisheries Regulation 1995. Fees required incorporate the Permit Fee, Assessment fee and Survey Fee. For current fees contact QFS.

How are applications assessed?
Application of Marine Plant Policy is undertaken through consideration of proposals against Assessment Criteria and compatibility with other fish habitat operational policies, fish habitat codes of practice and fisheries guidelines and previous decisions. The proposal must be in keeping with the principles of Fisheries Policies or demonstrate certain circumstances to show why policies should not be applied or should be varied.

What are the assessment criteria?
The following Assessment Criteria are minimal requirements that must be considered for every permit or development approval application submitted to QFS. An assessment officer is required to give appropriate weight to the policy.

RIGHTS - Rights must be demonstrated.
BENEFITS - Benefits must justify the impacts from a QFS viewpoint.
IMPACTS - Impacts must be minimal or in special circumstances justified by a very high level of benefit to the state or community.
ALTERNATIVES - Proposal must be the least impacts option after exploring all reasonable alternatives with any additional impacts justified from a QFS viewpoint.
MITIGATION AND COMPENSATION - All feasible mitigation and compensation options should be explored.
HARDSHIPS - Positive and negative ramifications of any decision (issue or refusal, permit conditions) to the applicant and to the QFS.

How can I reduce impacts through mitigation / compensation measures?
Measures can be implemented to reduce overall impact to fisheries resources and fish habitats, which may include mitigation on-site (e.g. work methods) or compensation off-site (e.g. habitat exchange). All proposals or offers to offset adverse impacts to marine plants, tidal lands, fish habitats and community access, must be in accordance with QFS policies.

Why are permits sometimes refused?
Incompatible activities are those not supported by QFS due to their unacceptable impacts on mangroves, other marine plants and fish habitats or because these are incompatible with objectives of the Fisheries Act 1994 and/or fisheries policies. Permits are not issued (i.e. they are refused) and Development Applications are not supported if activities are deemed to have unacceptably high impacts; and/or the applicant does not demonstrate a right to undertake the activity; and/or the application provides insufficient information to justify impacts; and/or alternatives exist.

Can permit application decisions be appealed?
Under the Fisheries Act there are provisions for appeal against a decision of the fisheries agency. If a person is dissatisfied by the decision, a Notice of Appeal may be lodged with the Fisheries Tribunal within 28 days of having received the decision notice.