A parliamentary inquiry into Tasmania's contentious salmon industry found issues with environmental regulation and transparency under a state government that has pushed and promoted the industry's expansion.
Tasmania's salmon industry brings a billion dollars a year to the island state, but disease outbreaks, biosecurity concerns and claims of a "compromised" approvals process have made it the subject of environmental and community opposition in recent years.
A Legislative Council committee has handed down its final report after an inquiry into the industry, recognising that challenges arose as the industry grew, "as the state government has been an enthusiastic promoter and supporter of the industry" and "efforts to effectively regulate the industry and keep pace with the protection … of public waterways has been a challenge".
Much of the report focuses on the 2017 Salmon Industry Growth Plan, with questions raised about a lack of consultation and lack of a transparent evidence base for the waterways that were identified for industry expansion.
The report recommends a pause on expansion of fish farms while the industry plan is revised as part of an overarching Marine Plan for Tasmania.
The state government has already announced that the industry growth plan will be replaced by a new 10-year plan in January 2023, and there is currently a moratorium on expansion to leased farming areas while the plan is drawn up.
But the committee also recommended a plan to reduce inshore finfish farming sites, with priority given to "ceasing operations in sensitive, sheltered and biodiverse areas".
The report calls on the government to review all finfish farm environmental licence conditions and set defined limits for dissolved nitrogen and other key nutrients, and how many fish can be in an area.
Biomass limits came under scrutiny during the rapid expansion of salmon farming in Macquarie Harbour, and high amounts of dissolved nitrogen and nutrients from fish farms have been blamed for green algae in Tasmanian waterways.
Committee chair Meg Webb said the report offered constructive recommendations for government.
'Science-based evidence' already used in practice, industry says
The committee found Tasmania could be getting greater financial returns from the salmon industry, and recommended an independent review of the fees and levies for operators, including setting lease fees, local government rates and rates of levies required to cover the cost of regulatory monitoring and compliance.
It also recommended a change in legislation so that all marine farming lease allocations include a transparent, competitive tender process that includes environmental, social and economic criteria.
The committee found penalties for breaches of environmental regulations in Tasmania were lower than in other parts of the country and should be reviewed "to reflect the serious environmental consequences that can arise from breaching regulations" and act as a deterrent.
It also recommended a review of the penalties for fish farm marine debris to "appropriately reflect the potential environmental and safety risks" and that legislative amendments be made so third parties can take legal action over environmental harm caused by breach of licence conditions.
The final report recommended applying "environmental bonds" to salmon farm operators in case of any remedial works that might be required because of industry operations.
Seals are a major headache for fish farm companies, which use underwater explosives and lead-filled projectiles known as beanbag bullets to deter the predators.
Those practices have been labelled "unconscionable" by environmentalists, and the Legislative Council committee recommended a review of how seals are being managed, calling for public reporting of the use of seal deterrents.
Concerns have also been raised about the impacts of fish farms and their hatcheries on inland waterways, including drinking water and fly fishing areas, and the use of freshwater resources by the industry.
The inquiry recommended an independent review into those impacts and a requirement that all new hatcheries use "recirculating aquaculture systems" (RAS), which allow water to be re-used and therefore reduce the amount of water required to produce seafood.
Sue Graue from the Tasmanian Salmon Growers Association said many of the report's recommendations had already been implemented, including the pursuit of RAS hatcheries and development of a Marine Debris Code of Practice.
She said the industry was also already moving to offshore farming.
Review of controversial panel recommended
The committee has recommended a review of the Marine Farming Planning Act, including an independent examination of the membership and governance requirements of the Marine Farming Review Panel.
That panel reviews development plans and proposed amendments to plans for fish farms, and has come under scathing attack for a lack of independence and claims that it is "inherently compromised".
The inquiry has recommended more transparency around the panel's recommendations, with an opportunity for public hearings, and expanded scope for reviews and appeals.
While the panel provides recommendations on marine farm plans, the Minister for Primary Industries and Water has the ultimate decision-making discretion when it comes to fish farm development.
The state government, an enthusiastic supporter of salmon, plans to grow the industry to $2 billion a year by 2030.
The committee's report found there was no public consultation material that provided a rationale for that target, and it had had no input from the EPA or CSIRO, with non-industry and community stakeholders unclear about how it was set.
That target is promoted by the minister, who is also responsible for regulation of the industry.
The upper house inquiry found a conflict between the minister's role in promoting and developing the industry and their responsibility for regulating it.
The final report recommended there be prescribed criteria on which the minister could reject a recommendation from the panel and that if they did, they be required to table a full justification of their reasons to parliament.
Jo Palmer took over the Primary Industries and Water portfolios from Guy Barnett in the most recent cabinet reshuffle.
The report also recommended that fish farm development plans be required to have a publicly available environmental impact statement, complete with the independent modelling, data and evidence on which they are based.
The government has already made moves to make the Environment Protection Authority a statutory authority, but the report also recommended it be better funded so it can better monitor environmental, noise and light impacts of fish farms.
The committee found that publicly available data on fish farm plans and leases was inconsistent and that data about salmon biomass, pollutants and impacts was not always publicly available, with public requests for information often being denied or diverted through the Right to Information process.
The report recommended a review of the basis on which information could be withheld from the public under a claim of "commercial confidentiality".
The report said, "other aquaculture farming regions outside Australia stipulate and regulate the publication of industry data to a greater degree than occurs in Tasmania", and recommended that government disclosure of information be required to meet or exceed those other jurisdictions, either through legislation or regulation.
The committee recommended a review of the existing online data portal on finfish farming and an expansion of its scope and presentation, as well as a legislated or regulated requirement that salmon companies produce an annual, public environmental report.
Government must implement recommendations: Greens
Dr Lisa Gershwin, a jellyfish expert and member of the Tasmanian Independent Science Council, said the report gave a voice to native species and Tasmanian communities affected by finfish farming.
"Given the overwhelming scientific data and community concern on finfish farming, this report is appropriate and responsible," she said.
Greens MP Rosalie Woodruff welcomed the report.
"The government must, at a bare minimum, immediately adopt the Legislative Council Sub-Committee's key recommendations regarding reforms for fees, environmental licenses, EPA improvements, and industry transparency," she said.
In a statement, minister Jo Palmer said the government was taking time to consider the report, and its 10-Year Salmon Plan would support a sustainable industry.
