South Australian Current Regulations South Australian Current Regulations (1) A habitat
protection zone is comprised of the prohibitions and
restrictions (the "habitat protection rules") set out in the table in
subregulation (3).
(2) An alleged offence
against section 17 of the Act consisting of a contravention of a habitat
protection rule is an expiable offence if an expiation fee is set out in
respect of the rule in the table in subregulation (3) and the expiation
fee for such an offence is the amount so set out.
(3) Table of
habitat protection rules and expiation fees
|
Expiation fee | ||
|---|---|---|
|
(a) |
A person must not contravene a general managed use rule. |
The fee (if any) applicable to the rule under regulation 6 |
|
(b) |
A person must not anchor a vessel greater than 80 metres in length
(determined in accordance with the Harbors and Navigation Act 1993 ) in
the zone except— | |
| |
(i)
in a harbor or at a transhipment point prescribed under
the Harbors and Navigation Regulations 2009 ; or | |
| |
(ii)
at a transhipment or other anchoring point designated as
such on a navigational chart produced by or on behalf of the Minister
responsible for the administration of the Harbors and Navigation Act 1993
; or | |
| |
(iii)
at a pilot station used in connection with compulsory
pilotage under the Harbors and Navigation Act 1993 . | |
|
(c) |
A person must not dredge in the zone. |
$750 |
| |
This rule does not apply to a Minister, a port operator or a person acting
under the authority of such a person. | |
|
(d) |
A person must not deposit in the zone solid matter removed as a consequence of
dredging. |
$750 |
| |
This rule does not apply to a Minister, a port operator or a person acting
under the authority of such a person. | |
|
(e) |
A person must not use a trawl net on or near the seabed in the zone. |
$750 |
|
(f) |
A person must not— |
$315 |
| |
(i)
remove from the zone— | |
| |
(A) the whole, or any part of or
reproductive product of, an aquatic plant, algae or sessile animal (whether
dead or alive); or | |
| |
(B) any soil, rock, mineral or similar
material; or | |
| |
(C) wood, mulch or other dead vegetation;
or | |
| |
(D) a fossil or archaeological remains; or | |
|
(ii)
harm an aquatic plant, algae or sessile animal in the
zone; or | | |
| |
(iii)
intentionally disturb any— | |
| |
(A) wood, mulch or other dead vegetation in
the zone; or | |
| |
(B) fossil or archaeological remains in the
zone. | |
| |
This rule does not apply in relation to removal, harm or disturbance— |
|
|
(a) that
arises in, or results from, the ordinary course of— | | |
| |
(i)
aquaculture authorised by, and carried on in accordance
with, the Aquaculture Act 2001 ; or | |
| |
(ii)
a lawful fishing activity carried on in accordance with
the Fisheries Management Act 2007 ; or | |
| |
(b) that
results from the ordinary performance of the functions of a scientific
observer under section 87 of the Fisheries Management Act 2007 in
the zone and cannot reasonably be avoided; or | |
| |
(c) that
arises incidentally in the ordinary course of some other lawful activity in
the zone and cannot reasonably be avoided. | |