Regulation Guide

Legislation, Regulations & Rules

The on water activities of shellfish farmers are conducted in accordance with the provisions of two principal acts the Living Marine Resources Management Act 1995 and the Marine Farm Planning Act 1995. The two principal acts are supported by subordinate legislation (regulations and rules). Links to the principal acts and subordinate legislation are provided below.


Food Safety – Seafood

Food safety issues are addressed in separate legislation. The principal act is the Primary Produce Safety Act 2011. The principal objective of the act is to ensure that all primary produce that enters the market is fit for human consumption. In order to achieve this objective the act;

(a) provides for the application in Tasmania of the Food Standards Code as it relates to primary production activities; and

(b) to develop food safety schemes for primary industries that reduce risks to consumers associated with unsafe or unsuitable primary produce; and

(c) to promote consumer confidence in the safety and integrity of Tasmanian primary produce; and

(d) to facilitate the trade of Tasmanian primary produce by ensuring it meets national and international food safety standards

Links to the legislation and the Foods Standards Codes are provided below.


Tasmanian Shellfish Quality Assurance Program

The practical application of the provisions of the Food Safety Standard are delivered through the Tasmanian Shellfish Quality Assurance Program (TSQAP). The program has been in operation since the mid 1980’s. TSQAP in carrying out its role implements the Australian Shellfish Quality Assurance Program (ASQAP). The core activities carried out by the TSQAP are to conduct;

  • A comprehensive sanitary survey which includes classification and management plan development
  • An ongoing water and shellfish bacteriological monitoring program
  • A continuous environmental monitoring program to ensure that harvesting only takes place within management plan criteria
  • A biotoxin monitoring program and management plan
  • A chemical residue testing
  • An annual review of both the recent data collected and the current management plan (see Sanitary Surveys)

More information is available here.


Employment Regulations and Workplace Standards

Terms and conditions for employees within the shellfish industry are contained in the Aquaculture Industry Award 2010. Further information can be obtained from the Fair Work Commission.

Compliance and enforcement of workplace standards (WH&S) is carried out in Tasmania by WorkSafe Tasmania. Further information can be obtained from WorkSafe Tasmania.