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steve6610

hot topic friday- how much water can you legally have as a hobby

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i see lots of BIG fish rooms being posted on here and facebook,

mine included,

i have been told that the limit is 5000 ltrs,

is this true,

have any members been told they have to much water,

can you get a permit to have more and still stay as a hobby,

some will know, some won't, but i have down sized my fish "hobby" for a couple reasons, mostly due to family members health and our time needs to be spent on them,

i have been looking into what is classed as a hobby and what isn't,

this limit on water volume was the only one that i failed at, so i'm working at getting back down to 5000 ltrs, which should be done within a couple weeks,

but interested in knowing other members thoughts,

and would love to hear from any that had been asked to cut down on water volume,

also something we should keep in mind when setting up our "hobby"

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I have wondered about this before but information is hard to come by, who governs this?

Is it state government under aquaculture rules or local government under zoning rules?

I know someone that has a state issued aquaculture licence but has had a lot of trouble from council trying to override this.

I have heard that the 5000 litre rule includes storage so if you have a water tank and use it to do waterchanges then you are over the limit before you get a single tank which is hard to understand lol.

Cheers mick

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This is a pretty easy one to answer. As a hobby there is no limit as such on the amount of water you can have. There are other characteristics that define whether you are carrying on a business or a hobby and you would probably end up crossing one of those lines before your total water volume gets out of hand.

Interesting point though, last year when the self assessable code for aquaculture was updated a limit of 5000L was introduced (previously they only limited the total floor area of the tanks), but that is irrelevant to the original question as the code only applies to businesses.

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[MENTION=231]gingerbeer[/MENTION], rule 4.22 has the 5000 litre limit mentioned but this applies to self regulated commercial aquaculture.

I have look for hobby regulations before to no avail.

Maybe the hobby part comes under ato and if you exceed the hobby threshold indicated by ato then you work out whether you can have a self regulated business or not.

Cheers mick

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i was told somebody had been fined for having over 5000 ltrs,

another friend was told they have to be under 5000 ltrs,

i don't normally air my personal issues on here but was interested in seeing what other fishkeepers knew or had been told, and what better place to come then qldaf,

we were reported by a "neighbour" for running a business breeding/selling fish from our home, we have been in contact with council and our landlords and after checking everything else we have been told they class us as a hobby and we have nothing to worry about, but we were a bit bigger then normal

so we have been asking around and looking for info, all we could find is 10,000 ltrs or so many square mtrs of space for tanks,

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Correct

Registration

4.22. Within 5 business days of commencement of the development, the completed Registration Form in Appendix 2 to this code must be sent by electronic mail to DAFF sac@daff.qld.gov.au unless the following applies:

a) Non-indigenous freshwater fish for aquarium display purposes produced in above ground tanks housed in a facility with a roof impervious to water and where the total volume of water used for aquaculture is no greater than 5000 litres and is not a hatchery operation; or

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I think hatcheries are using artificial breeding techniques such as hormone injection, well that's how I understand the wording. I noticed if you keep natives you can have 5 hectares of ponds so who wants to bankroll me to breed natives lol.

Cheers mick

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Dose the 5000l rule cover dams? How is this even a rule. Some of my friends have single tankes over 5000. Plus fish room. What a stupid rule. Who gives a rats ass how much water someone has.

What about 20,000l rain water tanks. Iv got a 10,000l and 5000l rain water tank are they going fine me now what a load of bull

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This is a pretty easy one to answer. As a hobby there is no limit as such on the amount of water you can have. There are other characteristics that define whether you are carrying on a business or a hobby and you would probably end up crossing one of those lines before your total water volume gets out of hand.

Interesting point though, last year when the self assessable code for aquaculture was updated a limit of 5000L was introduced (previously they only limited the total floor area of the tanks), but that is irrelevant to the original question as the code only applies to businesses.

I was told there is a limit..... 10,000 liters gets classed as fish farming, where permits are required. however there are ways around it through different classifications.

Edited by Wild Aulonocara
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Dose the 5000l rule cover dams? How is this even a rule. Some of my friends have single tankes over 5000. Plus fish room. What a stupid rule. Who gives a rats ass how much water someone has.

What about 20,000l rain water tanks. Iv got a 10,000l and 5000l rain water tank are they going fine me now what a load of bull

no, but they will eventually tax you on the rain water you can hold lol

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[MENTION=4423]steveandjules[/MENTION] your neighbor who reported you sounds like a troll. Very sorry to hear this.

Thanks for asking the question, as I was curious about this myself.

that's one word for them, i have others, lol,

and its just 1 report of a few, we are collecting them as they arrive, some people have no lives so want to spend their time worrying about ours,

anybody know a good lawyer who wants to trade there advice for fish,

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I was told there is a limit..... 10,000 liters gets classed as fish farming, where permits are required. however there are ways around it through different classifications.

So...

Where does that leave a 40,000 litre swimming pool?

Before throwing the GPGs in it, I made sure it conformed to all the current Brissie swimming pool regulations.

Obviously, I just like to "swim wid da fishies"

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Very interesting topic! It seems the rules mostly apply to fish in tanks or aquaculture, which is presumably defined something along the lines of a dam or body of water being used to breed and/or raise... So where exactly does that leave green swimming pools that just accidentally happen to have fish in them, second hand spas, ponds, IBCs, outdoor (not covered by the roof rule) tanks etc etc? If anything, it sounds like more a law of loopholes (ie. revenue raiser) than something that is going to actually stop someone whose really determined to work around it.

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So have we got a legitimate answer yet?

And do IBC's used for ageing water count if it's inside, or just the tanks?

I once read (I think on the ATO site) that it was square footage (and income - not sure if gross or net) and not water volume that dictated whether you'r hobby was a hobby or regarded as a business.

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I was told there is a limit..... 10,000 liters gets classed as fish farming, where permits are required. however there are ways around it through different classifications.
So...

Where does that leave a 40,000 litre swimming pool?

Before throwing the GPGs in it, I made sure it conformed to all the current Brissie swimming pool regulations.

Obviously, I just like to "swim wid da fishies"

PS: If anybody asks, it's STILL an approved swimming pool !

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It seems to all come to definition of hobby. It wasn't defined in that self assessment code. In which case, it may fall to the ATO's definition. It is unhelpfully very wishy, washy though: https://www.ato.gov.au/business/starting-your-own-business/business-or-hobby-/ It certainly seems to leave open the possibility that as long as you run as a hobby, ie. no abn, records, cash only basis sort of thing, you'd be defined as a hobby. Granted, if you where playing with say $5m cash a year, they might get interested enough to look closer. But no plans perfect. Of course Fisheries could challenge the definition, but not without going to court. Again, unless there's huge turnover, it may never get that far. Not the safest way in the world to make a living, but i know too many who've tried crazier.

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very interesting,

after 3 days we really have no answer, even the "rules" are in a different language so nobody can understand them,

so many grey areas,

1. 5000 ltrs

2. 10,000 ltrs

3. no limit as long as your a hobby

4. 5000 ltrs under a roof and above ground (does this mean we can have 10 x ibcs along the side of our house but not under a roof )

no wonder so many people just ignore the rules until they get caught,

i bet if you called DPI 3 times you would get 3 different answers,

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