South Australian Current Acts South Australian Current Acts (1) If the Minister is
satisfied that a person has caused harm to a fish habitat by contravention of
this Act, the Minister may (whether or not a reparation order has been issued
to the person) issue a reparation authorisation under which fisheries officers
or other persons authorised by the Minister for the purpose may take specified
action on the Minister's behalf to make good any resulting damage to the fish
habitat.
(2) A reparation
authorisation—
(a) must
be in the form of a written notice; and
(b) must
specify the person alleged to have caused the harm (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
include authorisation for action to be taken to prevent or mitigate further
harm to the fish habitat.
(3) The Minister must,
as soon as practicable after issuing a reparation authorisation, serve a copy
of the authorisation on the person alleged to have caused the harm.
(4) The Minister may,
by written notice, vary or revoke a reparation authorisation and must, as soon
as practicable after doing so, serve a copy of the notice on the person
alleged to have caused the harm.
(5) If a person other
than a fisheries officer is authorised to take action under
subsection (1), the following provisions apply:
(a) the
Minister must issue the person with an instrument of authority;
(b) the
person may exercise such powers of a fisheries officer as are reasonably
required for the purpose of taking action under that subsection;
(c) the
provisions of this Act apply in relation to the exercise of such powers by the
person in the same way as in relation to a fisheries officer;
(d) the
person must produce the instrument of authority for the inspection of any
person in relation to whom the person intends to exercise powers of a
fisheries officer.
(6) A person taking
action under a reparation authorisation may enter any relevant place or
vehicle at any reasonable time.
(7) The reasonable
costs and expenses incurred by the Minister in taking action under a
reparation authorisation may be recovered by the Minister as a debt from the
person who caused the relevant harm.
(8) If an amount is
recoverable from a person by the Minister under this section—
(a) the
Minister may, by written notice to the person, fix a period, being not less
than 28 days from the date of the notice, within which the amount must be
paid by the person and, if the amount is not paid by the person within that
period, the person is liable to pay interest charged at the prescribed rate
per annum on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Minister on any land owned by the person in relation to which
the reparation authorisation is registered under this Division.