South Australian Numbered Acts South Australian Numbered Acts (1) If the Minister is
satisfied that a person has caused harm to a fish habitat by contravention of
this Act, the Minister may issue a reparation order requiring the
person—
(a) to
take specified action within a specified period to make good any resulting
damage to the fish habitat; or
(b) to
make a payment or payments into an approved account to enable action to be
taken to address any resulting damage to the fish habitat,
or both.
(2) A reparation
order—
(a) must
be in the form of a written notice served on the person to whom it is issued;
and
(b) must
specify the person to whom it is issued (whether by name or a description
sufficient to identify the person); and
(c) must
state the grounds on which it is made with reasonable particularity; and
(d) may
include requirements for action to be taken to prevent or mitigate further
harm to the fish habitat, or for a plan of action to be prepared to the
satisfaction of the Minister; and
(e) may
include requirements for specified tests or monitoring; and
(f) may
include requirements for providing to the Minister specified results or
reports; and
(g) may
include requirements that the person to whom it is issued appoint or engage a
person with specified qualifications to prepare a plan or report or to
undertake tests or monitoring required by the order; and
(h) in
the case of an order requiring payment into an approved account, may provide
that payments must occur in accordance with a scheme specified by the Minister
(either at the time of the making of the order or at a later time when the
extent or impact of any action has been assessed or finally determined); and
(i)
must state that the person may, within 14 days, appeal to
the ERD Court against the order.
(3) A
fisheries officer may, if of the opinion that urgent action is required to
prevent or mitigate further harm, issue an emergency reparation order
containing requirements of a kind referred to in subsection (2), other
than a requirement for payment into an approved account.
(4) An emergency
reparation order may be issued orally but, in that event, the person to whom
it is issued must be advised immediately of the person's right to appeal to
the ERD Court against the order.
(5) If an emergency
reparation order is issued orally, the fisheries officer who issued it must
confirm it in writing at the earliest opportunity (and in any event within
2 business days) by written notice given to the person to whom it
applies.
(6) If an emergency
reparation order is issued, the order will cease to have effect on the
expiration of 72 hours from the time of its issuing unless confirmed by a
written reparation order issued by the Minister and served on the relevant
person.
(7) The Minister or a
fisheries officer may, if of the opinion that it is reasonably necessary to do
so in the circumstances, include in an emergency or other reparation order a
requirement for an act or omission that might otherwise constitute a
contravention of this Act and, in that event, a person incurs no criminal
liability under this Act for compliance with the requirement.
(8) The Minister may,
by written notice served on a person to whom a reparation order has been
issued, vary or revoke the order.
(9) A person to whom a
reparation order is issued must comply with the order.
Maximum penalty: $50 000.