South Australian Numbered Regulations

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AQUACULTURE REGULATIONS 2005 (NO 205 OF 2005) - REG 19

19—Strategies relating to escape of stock and interaction with seabirds and large marine vertebrates

        (1)         A licensee must—

            (a)         have a written strategy approved by the Minister—

                  (i)         for minimising the risk of the escape of aquaculture stock into the wild; and

                  (ii)         for minimising adverse interactions with seabirds and large marine vertebrates resulting from aquaculture carried on under the licence; and

            (b)         ensure that activities under the licence conform with the approved strategy.

Maximum penalty: $5 000.

        (2)         If, at any time, the Minister is not satisfied as to the adequacy of an approved strategy, the Minister may require the strategy to be resubmitted for approval within a specified period in a modified form (which may be specified by the Minister).

        (3)         If a licensee fails to resubmit a strategy as required, the licensee is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.

        (4)         Before requiring a strategy to be resubmitted, the Minister must give the licensee written notice of the proposed action, inviting the licensee to make written submissions in relation to the proposed action within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the licensee).

        (5)         Subregulation (1) does not apply to a licensee who held a licence immediately before the commencement of this regulation until 6 months after that commencement.

        (6)         A licensee who held a licence immediately before the commencement of this regulation must submit a written strategy (as referred to in subregulation (1)) for approval within 3 months after the commencement of this regulation.

Maximum penalty: $5 000.

Expiation fee: $315.



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