South Australian Numbered Acts South Australian Numbered Acts34—Substitution of sections 52 to 54
Sections 52 to 54 (inclusive)—delete the sections and substitute:
52—Licence conditions
(1) On the grant of an aquaculture licence, the Minister may impose licence conditions as contemplated by this Act or as the Minister considers necessary or expedient for the purposes of this Act.
(2) Without limiting subsection (1), the licence conditions may—
(a) limit the activities authorised by the licence; and
(b) prohibit or restrict the sale or supply of aquatic organisms farmed under the licence, for example, if the aquaculture is to be carried out for the purposes of research or a business involving tourism; and
(c) regulate the storing, maintaining, repairing or cleaning of farming structures associated with the activity; and
(d) in the case of a corresponding licence—regulate the towing of farming structures containing stock by means of navigable vessel to or from the area of the corresponding licence and the feeding of the stock or the taking of other action in relation to the stock during the movement of the stock.
(3) The Minister may vary licence conditions by written notice to the licensee—
(a) on the renewal of the licence; or
(b) if the licence is a corresponding licence or is granted or renewed for a term exceeding 1 year—at any time during the period of 3 months following the anniversary of the date on which the licence was granted or renewed; or
(c) at any time—
(i) with the consent of the licensee; or
(ii) if the Minister considers that it is necessary to vary the condition—
(A) in order to correct an error or make a change of form (not involving a change of substance); or
(B) in order to prevent or mitigate significant environmental harm or the risk of significant environmental harm; or
(C) in consequence of contravention of this Act by the licensee; or
(D) in consequence of an amendment of the Act or the making, amendment or revocation of regulations or an aquaculture policy; or
(iii) as provided by a licence condition or the regulations.
(4) However, the variation of a licence condition will not take effect unless the matter has been referred to the EPA under Part 8 and the EPA has approved the variation of the condition.
(5) If the public register includes a notation that a specified person has an interest in the licence, the licence may not be varied with the consent of the licensee unless the specified person consents to the variation.
(6) An application for the variation of conditions of a licence—
(a) must be made to the Minister in the manner and form required by the Minister; and
(b) if the public register includes a notation that a specified person has an interest in the lease—must be accompanied by evidence that the person consents to the variation; and
(c) must be accompanied by a fee of the amount prescribed by regulation.
(7) A licensee must not contravene a condition of the licence.
Maximum penalty: $10 000.
Expiation fee: $1 000.
53—Annual fees
(1) The holder of an aquaculture licence must, each financial year not later than the date specified by the Minister by written notice to the holder, pay to the Minister a fee of the amount prescribed by regulation.
(2) If the holder of an aquaculture licence fails to pay a fee in accordance with this section, the Minister may, by written notice, require the holder to make good the default and, in addition, to pay to the Minister the amount prescribed by regulation as a penalty for default.
(3) If the holder of the licence fails to comply with the notice within the period (of at least 14 days) specified in the notice, the licence is suspended until the notice is complied with.
(4) If the holder of the licence fails to comply with the notice within 6 months after the giving of the notice, the licence is cancelled.
(5) The Minister must cause written notice of the suspension or cancellation to be given to the holder of the licence.