South Australian Current Acts

FISHERIES MANAGEMENT ACT 2007 - SECT 92

92—Protection orders

        (1)         The Minister may issue a protection order under this Division for the purpose of securing compliance with this Act.

        (2)         A protection order—

            (a)         must be in the form of a written notice served on the person to whom the notice is issued; and

            (b)         must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

            (c)         must state the grounds on which it is made with reasonable particularity; and

            (d)         may impose any requirement reasonably required for the purpose for which the order is issued, including 1 or more of the following:

                  (i)         a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister;

                  (ii)         a requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;

                  (iii)         a requirement that the person take specified action in a specified way and within a specified period;

                  (iv)         a requirement that the person comply with any specified code or standard prepared or published by the Minister or by another specified body;

                  (v)         a requirement that the person undertake specified tests or monitoring;

                  (vi)         a requirement that the person provides the Minister with specified results or reports;

                  (vii)         a requirement that the person appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and

            (e)         must state that the person may, within 14 days, appeal to the ERD Court against the order.

        (3)         A fisheries officer may, if of the opinion that urgent action is required for the protection of a fish habitat, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the fish habitat.

        (4)         An emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised immediately of the person's right to appeal to the ERD Court against the order.

        (5)         If an emergency protection order is issued orally, the fisheries officer who issued it must confirm it in writing at the earliest opportunity by written notice given to the person to whom it applies.

        (6)         If an emergency protection order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written protection order issued by the Minister and served on the relevant person.

        (7)         The Minister or a fisheries officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other protection order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.

        (8)         The Minister may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order.

        (9)         A person to whom a protection order is issued must comply with the order.

Maximum penalty: $10 000.

Expiation fee: $500.