South Australian Numbered Acts

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AQUACULTURE (MISCELLANEOUS) AMENDMENT ACT 2012 (NO 27 OF 2012) - SECT 30

30—Insertion of Part 6 Division 7

After Part 6 Division 6 insert:

Division 7—Power to require or carry out work

48A—Power to require or carry out work

        (1)         If—

            (a)         a lessee fails to take an action required by a condition of the lessee's aquaculture lease; or

            (b)         on cancellation or termination of an aquaculture lease, a former lessee fails to remove equipment used to mark-off or indicate the boundaries of a marked-off area of the lease, aquaculture equipment or stock from State waters,

the Minister may, by written notice to the lessee or former lessee, direct the person to take the action, or to remove the equipment or stock.

        (2)         A person to whom a direction is given under subsection (1) must comply with the direction within the time allowed in the notice.

Maximum penalty: $35 000.

        (3)         If a person fails to comply with a direction under subsection (1) within the time allowed in the notice, the Minister may cause the required action to be taken, and may recover the cost, as a debt, from the person.

        (4)         Equipment or stock removed by action taken by the Minister under subsection (3) is forfeited to the Crown and may be sold or otherwise disposed of as the Minister thinks fit.



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