South Australian Current Regulations

MARINE PARKS (ZONING) REGULATIONS 2012 - REG 4

4—Interaction with other Acts (section 6 of Act)

        (1)         Pursuant to section 6(2) of the Act, this regulation sets out the extent to which the prohibitions or restrictions applying within a marine park under the Act have effect despite the provisions of any other Act.

        (2)         The rights conferred by a statutory authorisation that is in force when a prohibition or restriction is applied within a marine park under the Act (an "existing authorisation") are not affected by the prohibition or restriction except as follows:

            (a)         in the case of a prohibition or restriction (other than a temporary prohibition or restriction) applied to a zone of a marine park—

                  (i)         the rights conferred by an existing fishery authority are subject to the prohibition or restriction;

                  (ii)         if, after the prohibition or restriction is applied, an existing authorisation (other than an authorisation under the Mining Act 1971 or Petroleum and Geothermal Energy Act 2000 ) is varied or renewed so as to confer further rights, those further rights are subject to the prohibition or restriction;

            (b)         in the case of a temporary prohibition or restriction—the rights conferred by an existing statutory authorisation are subject to the temporary prohibition or restriction unless the notice imposing the temporary prohibition or restriction provides to the contrary.

        (3)         The rights conferred by a statutory authorisation, other than a statutory authorisation under the Mining Act 1971 or Petroleum and Geothermal Energy Act 2000 , that comes into force after a prohibition or restriction is applied within a marine park under the Act are subject to the prohibition or restriction.

        (4)         Nothing in this regulation—

            (a)         prevents the granting of a permit under section 19 of the Act authorising a person to engage in an activity; or

            (b)         prevents a person engaging, in a special purpose area, in an activity permitted in that area,

that would otherwise be prohibited under this regulation.

        (5)         A renewal of a statutory authorisation in the same terms does not, of itself, constitute the conferral of further rights.

Note—

In the case of a statutory authorisation under the Mining Act 1971 or Petroleum and Geothermal Energy Act 2000 , relevant applications must be referred to the Minister and, in the event of disagreement between the different Ministers as to whether an authorisation should be granted or renewed or the conditions to which an authorisation should be subject, the matter is to be resolved by the Governor.