South Australian Numbered Acts

AQUACULTURE (MISCELLANEOUS) AMENDMENT ACT 2012 (NO 27 OF 2012) - SCHEDULE 1

Schedule 1—Revocation, transitional and validation provisions

Part 1—Preliminary

1—Interpretation

In this Schedule—

            (a)         principal Act means the Aquaculture Act 2001 ; and

            (b)         words and expressions have the same meanings as in the principal Act.

Part 2—Revocation of Aquaculture (Standard Lease Conditions) Policy 2005

2—Revocation of policy

The Aquaculture (Standard Lease Conditions) Policy 2005 is revoked.

Part 3—Transitional provisions

3—Aquaculture zones to be taken to be public call areas

Until an aquaculture policy identifying an aquaculture zone is first amended following the commencement of this clause so as to designate the zone or part of the zone as a public call area, the whole of the zone will be taken to be a public call area for the purposes of the principal Act.

4—Development leases and corresponding licences to continue as production leases and corresponding licences

The following provisions apply in relation to a development lease in force under the principal Act immediately before the commencement of this clause:

            (a)         the development lease will be taken to be a production lease;

            (b)         the conditions of the production lease will be the same as the conditions of the development lease;

            (c)         the term of the production lease will be the balance of the term of the development lease;

            (d)         a corresponding licence in relation to the development lease will be taken to be a corresponding licence in relation to the production lease.

5—Application of amendments to existing leases and licences

The amendments to the principal Act effected by this amending Act apply to an aquaculture lease or aquaculture licence whether granted before or after the commencement of the amendment.

6—Variation of existing leases by Minister on renewal

        (1)         The Minister may, when an aquaculture lease is first renewed following commencement of this clause, by written notice to the holder of the lease, vary the conditions of the lease so as to include conditions of a kind that could be included in the lease if it were being granted for the first time.

        (2)         Before taking action under subclause (1), the Minister must give—

            (a)         the holder of the aquaculture lease; and

            (b)         if the public register includes a notation that a specified person has an interest in the lease—the specified person,

a reasonable opportunity to make submissions on the proposed action.

Part 4—Validation provisions

7—Aquaculture leases and licences

All aquaculture leases and licences purportedly granted or transferred to a person or purportedly converted, renewed or varied before the commencement of this clause are declared to have been validly granted or transferred to the person or converted, renewed or varied despite a lack of power or regularity affecting the grant, transfer, conversion, renewal or variation and the leases and licences (as granted, transferred, converted, renewed or varied) are to be taken to have been valid from their inception.

8—Delegations

If a Public Service employee has, before the date of assent to this Act, purported to exercise a power or function of the Minister under the principal Act, and the exercise of that power or function would have been valid if it had been carried out pursuant to a valid delegation by the Minister, the exercise of that power or function will be taken to have been valid.

9—Regulations and policies

The Aquaculture Variation Regulations 2006 and, until its revocation, the Aquaculture (Standard Lease Conditions) Policy 2005 have the same force and effect, and will be taken to always have had the same force and effect, as if made under the principal Act as amended by this Act.