South Australian Numbered Acts

AQUACULTURE (MISCELLANEOUS) AMENDMENT ACT 2012 (NO 27 OF 2012) - SECT 47

47—Insertion of Part 10A

After Part 10 insert:

Part 10A—Compliance with general environmental duty and environment protection policies

82A—Administration of general environmental duty and environment protection policies by Minister and fisheries officers

        (1)         For the purposes of the Environment Protection Act 1993 —

            (a)         the Minister will be taken to be an administering agency; and

            (b)         as an administering agency, the Minister will be taken to have the function of administering, enforcing and giving effect to the general environmental duty and environment protection policies under that Act in relation to—

                  (i)         activities carried out or purportedly carried out under an aquaculture lease or licence; or

                  (ii)         activities prescribed by regulation; and

            (c)         sections 18B and 18D of that Act will be taken not to apply to the Minister as an administering agency; and

            (d)         the conferral of the function on the Minister as an administering agency is not to be taken to limit or affect the performance of that function by the EPA; and

            (e)         a reference in that Act to an administering agency is, in relation to the Minister, a reference to the administering agency only in relation to the function conferred on the Minister as an administering agency; and

            (f)         the Minister may exercise the power of the EPA to appoint a fisheries officer to be an authorised officer for the purposes of the function conferred on the Minister as an administering agency.

        (2)         Any matter relating to the performance of the function conferred on the Minister as an administering agency may be disclosed to the EPA.