South Australian Numbered Acts South Australian Numbered Acts79—Temporary prohibition of certain fishing activities etc
(1) The Minister may,
by notice in the Gazette—
(a)
declare that it is unlawful for a person to engage in a fishing activity of a
specified class during a specified period;
(b)
declare that it is unlawful for a person to have possession or control of
aquatic resources of a specified species during a specified period;
(c) vary
or revoke such a declaration.
(2) A declaration
under subsection (1) remains in force for a period, not exceeding
12 months, specified in the declaration and may be renewed once for a
further period not exceeding 12 months.
(3) The Minister must,
on the request of the Minister for the Adelaide Dolphin Sanctuary, make a
declaration under subsection (1), or vary or revoke such a declaration,
in relation to a fishing activity undertaken in respect of the
Adelaide Dolphin Sanctuary.
(4) The Minister must,
on the request of the Minister for the River Murray, make a declaration under
subsection (1), or vary or revoke such a declaration, in relation to a
fishing activity undertaken in respect of the River Murray.
(5) If a request is
made under subsection (4), notice of the direction must be published in
the Gazette as soon as practicable.
(6) If, in the opinion
of the Minister, it is necessary to take urgent action to safeguard public
health or protect the aquatic resources of the State, the Minister, or a
fisheries officer authorised by the Minister, may—
(a)
direct a person or persons of a specified class to not engage in a
fishing activity of a specified class during a specified period;
(b) vary
or revoke such a direction.
(7) A direction or
authorisation under subsection (6) must be given in written form unless
the Minister or fisheries officer considers that impracticable by reason of
the urgency of the situation, in which case, it may be given orally.
(8) If an
authorisation is given orally, written notice of the authorisation must be
given to the person to whom it relates as soon as practicable.
(9) A person must
not—
(a)
engage in a fishing activity in contravention of a declaration or direction
under this section; or
(b) have
possession or control of aquatic resources in contravention of a declaration
under this section.
Maximum penalty:
(a) for
a first offence—$5 000;
(b) for
a second offence—$10 000;
(c) for
a third or subsequent offence—$20 000.
Expiation fee: $315.
Subdivision 1—Appointment of authorised persons