South Australian Current Acts South Australian Current ActsSchedule 1—Transitional provisions
Part 2—Transitional provisions
The body corporate constituted of the Minister under this Act is the same as
the body corporate constituted of the Minister under the repealed Act.
3—Commonwealth-State arrangements
An arrangement under Part 2 Division 3 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be an arrangement under Part 4 Division 2 of this Act.
A person appointed and holding office as a fisheries officer under the
repealed Act immediately before the commencement of this clause, will on that
commencement, be taken to be a fisheries officer appointed under this Act and
any condition applying to the appointment of the officer under the
repealed Act will be taken to continue to apply to the appointment under this
Act.
5—Fisheries and fishery licences
(1) A fishery
constituted under the repealed Act in existence immediately before the
commencement of this clause will, on that commencement, be taken to be a
fishery constituted under this Act and any regulations prescribing a scheme of
management for the fishery under the repealed Act in force immediately before
that commencement will, on that commencement, continue in force as if they
were regulations for the management of the fishery made under this Act.
(2) A fishery licence
issued under section 34(1) of the repealed Act in force immediately
before the commencement of this clause will, on that commencement, be taken to
be a fishery licence issued under section 52 of this Act and—
(a) any
conditions to which the licence was subject under the repealed Act immediately
before that commencement will be taken to continue to apply to the licence
under this Act as if they had been imposed under this Act; and
(b) a
boat registered by endorsement of the licence under the repealed Act
immediately before that commencement will be taken to be registered for use
under the licence under this Act; and
(c) a
person registered as a master by endorsement of the licence under the
repealed Act immediately before that commencement will be taken to be
registered as a master of a boat that may be used under the licence under this
Act; and
(d) a
device registered for use pursuant to the licence under the repealed Act
immediately before that commencement will be taken to be registered for use
pursuant to the licence under this Act.
(3) A consent under
section 34(2) of the repealed Act in force immediately before that
commencement will be taken to continue in force as a consent under
section 53(1) of this Act and any conditions that applied to the consent
under the repealed Act immediately before that commencement will be taken to
continue to apply to the consent under this Act.
6—Fish processor registrations
A person registered as a fish processor under the repealed Act immediately
before the commencement of this clause will, on that commencement, be taken to
be registered as a fish processor under this Act and any restrictions,
limitations or conditions that applied to the registration of the person under
the repealed Act immediately before that commencement will be taken to
continue to apply to the registration of the person under this Act as if they
had been imposed under this Act.
7—Temporary prohibitions of fishing activities
(1) A declaration
under section 43(1) of the repealed Act in force immediately before the
commencement of this clause will, on that commencement, continue in force as
if it were a declaration under section 79(1) of this Act.
(2) A direction under
section 43(2) of the repealed Act in force immediately before the commencement
of this clause will, on that commencement, continue in force as if it were a
direction under section 79(6) of this Act.
(3) An authorisation
under section 43(2) of the repealed Act in force immediately before the
commencement of this clause will, on that commencement, continue in force as
if it were an authorisation under section 79(6) of this Act.
8—Aquatic reserves and marine parks
(1) Any waters, or
land and waters, constituting an aquatic reserve under section 47 of the
repealed Act immediately before the commencement of this clause will, on that
commencement, be taken to constitute an aquatic reserve under section 4
of this Act.
(2) Any waters, or
land and waters, constituting a marine park under section 48 of the
repealed Act immediately before the commencement of this clause will, on that
commencement, be taken to constitute an aquatic reserve under section 4
of this Act.
(1) A permit issued
under section 48G(1) of the repealed Act in force immediately before the
commencement of this clause will, on that commencement, be taken to be a
permit issued under section 76 of this Act and any conditions to which
the permit was subject under the repealed Act immediately before that
commencement will be taken to continue to apply to the permit as if they had
been imposed under this Act.
(2) A permit issued
under section 48G(2) of the repealed Act in force immediately before the
commencement of this clause will, on that commencement, be taken to be a
permit issued under section 77 of this Act and any conditions to which
the permit was subject under the repealed Act immediately before that
commencement will be taken to continue to apply to the permit as if they had
been imposed under this Act.
(3) A permit issued
under section 49 of the repealed Act in force immediately before the
commencement of this clause will, on that commencement, be taken to be a
permit issued under section 78(1) of this Act and any conditions to which
the permit was subject under the repealed Act immediately before that
commencement will be taken to continue to apply to the permit as if they had
been imposed under this Act.
(4) A permit issued
under section 50 of the repealed Act in force immediately before the
commencement of this clause will, on that commencement, be taken to be a
permit issued under section 78(2) of this Act and any conditions to which
the permit was subject under the repealed Act immediately before that
commencement will be taken to continue to apply to the permit as if they had
been imposed under this Act.
An exemption under section 59 of the repealed Act in force immediately before
the commencement of this clause will, on that commencement, be taken to be an
exemption under section 115 of this Act and any conditions to which the
exemption was subject under the repealed Act immediately before that
commencement will be taken to continue to apply to the exemption under this
Act as if they had been imposed under this Act.
The register of authorities maintained under the repealed Act continues in
existence as the register of authorities under this Act.