South Australian Numbered Acts South Australian Numbered Acts (1) Subject to any
limitations expressly prescribed in this Act, this Act applies—
(a) in
relation to all waters that are within the limits of the State; and
(b)
except for purposes relating to a fishery that is to be managed in accordance
with the law of the Commonwealth under an arrangement under Part 4 Division 2
or purposes prescribed by paragraph (d)—in relation to any waters
of the sea not within the limits of the State that are on the landward side of
waters adjacent to the State that are within the Australian fishing zone; and
(c) for
purposes relating to a fishery that is to be managed in accordance with the
law of the State under an arrangement under Part 4 Division 2—in
relation to any waters to which the legislative powers of the State extend,
with respect to that fishery, whether under section 5 of the
Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise;
and
(d) for
purposes relating to recreational fishing activities engaged in otherwise than
by use of a foreign boat (other than recreational fishing activities
prohibited or regulated under a plan of management determined under
section 17 of the Commonwealth Act)—in relation to any waters to
which the legislative powers of the State extend with respect to such
activities.
(2) This Act does not
apply in relation to an activity (other than the taking of aquatic resources
for a commercial purpose or the introduction of exotic aquatic organisms or
disease in aquatic resources) engaged in relation to inland waters if those
waters are surrounded by land that is in the ownership, possession or control
of the same person (being a person other than the Crown or an instrumentality
of the Crown).
(3) Native title and
native title rights and interests are not affected by the operation of this
Act except to the extent authorised under the Native Title Act 1993 of the
Commonwealth.