South Australian Current Acts

AQUACULTURE ACT 2001

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Ecologically sustainable development
   4A.     Suitable person to be granted licence
   5.      Crown bound
   6.      Application of Act
   6A.     Licence or other right is not personal property for the purposes of Commonwealth Act
   7.      Interaction with other Acts

   PART 2--Objects of Act

   8.      Objects of Act

   PART 3--Efficient administrative practices

   9.      Efficient administrative practices

   PART 4--Aquaculture policies

           Division 1--General

   10.     Interpretation
   11.     Nature and content of policies
   12.     Procedures for making policies
   13.     Parliamentary scrutiny
   14.     Certain amendments may be made by Gazette notice only
   15.     Availability and evidence of policies

           Division 2--Contravention of mandatory provisions

   16.     Offence to contravene mandatory provisions of policy

   PART 5--Requirement for licence

   17.     Requirement for licence

   PART 6--Leases

           Division 1--General

   18.     Application of Part
   19.     Requirement for lease
   20.     Concurrence under Harbors and Navigation Act
   21.     Leases not permitted in respect of aquaculture exclusion zones
   22.     General process for grant and renewal of leases and corresponding licences
   25.     Lease conditions
   25A.    Variation of lease or lease conditions by or with consent of lessee
   25B.    Cancellation of lease
   25C.    Surrender of lease
   25D.    Corresponding licences terminated on termination of lease
   26.     Classes of leases

           Division 2--Pilot leases

   27.     Pilot leases outside aquaculture zones
   28.     Granting of corresponding licence for pilot lease
   29.     Term and renewal of pilot leases
   30.     Pilot leases not transferable
   31.     Licences may only be held by lessees

           Division 4--Production leases

   34.     Granting of production leases limited to aquaculture zones
   35.     Granting of production leases and corresponding licences in public call areas
   36.     Granting of production leases and corresponding licences if public call not required
   37.     Conversion of pilot leases to production leases
   38.     Term and renewal of production leases
   39.     Transfer of production leases

           Division 4A--Research leases

   39A.    Granting of research leases and corresponding licences
   39B.    Term and renewal of research leases
   39C.    Research leases not transferable
   39D.    Licences may only be held by lessees

           Division 5--Emergency leases

   40.     Granting of leases and corresponding licences in circumstances of emergency
   43.     Only holder of leases affected by emergency may hold emergency leases
   44.     Term and renewal of emergency leases
   44A.    EPA and Minister to be notified of emergency lease

           Division 6--Occupation of marked-off areas

   45.     Exclusive occupation of marked-off areas
   46.     Control of marked-off areas
   47.     Interference with stock or equipment within marked-off areas
   48.     Offence to pretend to be authorised person

           Division 7--Power to require or carry out work

   48A.    Power to require or carry out work

   PART 7--Licences

   49.     Applications for licences other than corresponding licences
   50.     Grant of licences other than corresponding licences
   50A.    Term and renewal of licences other than corresponding licences
   51.     Licences may be held jointly
   52.     Licence conditions
   53.     Annual fees
   55.     Transfer of licences
   56.     Surrender of licences
   57.     Suspension or cancellation of licences
   58.     Power to require or carry out work

   PART 7A--Tourism development

   58A.    Preliminary
   58B.    Application of Planning, Development and Infrastructure Act 2016
   58C.    Offence to carry out aquaculture tourism development
   58D.    Aquaculture tourism development authorisation
   58E.    Tourism leases and tourism licences
   58F.    Concurrences and consents
   58G.    Public notice
   58H.    Power to require or carry out work
   58I.    Removal of unauthorised development

   PART 8--Reference of matters to EPA

   59.     Reference of matters to EPA

   PART 9--Reviews

   60.     Reviews

   PART 10--Administration

           Division 1--Minister

   60A.    Guidelines for ATAB assessment of lease and corresponding licence applications
   61.     Power of delegation
   62.     Acquisition of land

           Division 3--Aquaculture Tenure Allocation Board

   71.     Establishment of Aquaculture Tenure Allocation Board
   72.     Functions of ATAB
   73.     Membership of ATAB
   74.     Terms and conditions of membership
   75.     Remuneration
   76.     Conflict of interest under Public Sector (Honesty and Accountability) Act
   77.     Validity of acts of ATAB
   78.     Procedures of ATAB

           Division 4--Fund

   79.     Aquaculture Fund

           Division 5--Public register

   80.     Public register
   81.     Public register to be available for inspection

           Division 6--Fisheries officers and their powers

   82.     Fisheries officers and their powers

   PART 10A--Compliance with general environmental duty and environment protection policies

   82A.    Administration of general environmental duty and environment protection policies by Minister and fisheries officers

   PART 11--Miscellaneous

   82B.    Death, bankruptcy etc of lessee or licensee
   83.     Annual reports
   85.     False or misleading information
   86.     Service of documents
   87.     Continuing offence
   88.     Liability of directors
   89.     General defence
   89A.    Confidentiality
   90.     Evidentiary
   91.     Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: