South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) The
relevant authority may issue a permit to a person—
(a)
authorising the movement of a specified animal or animals of a specified
class, or of a specified plant or plants of a specified class; or
(b)
authorising the keeping or possession of an animal or animals of a specified
class, or of a specified plant or plants of a specified class; or
(c)
authorising the sale of a specified animal or animals of a specified class, or
of a plant or plants of a specified class.
(2) Subject to this
section, a permit authorises an act, activity or circumstance that would
otherwise not be permitted under Division 1 .
(3) A permit under
this section may be issued by the relevant authority on such conditions as the
relevant authority thinks fit.
(4) A permit may not
be issued under this section if a provision of Division 1
operates as an absolute prohibition of the conduct for which the permit is
sought by virtue of a declaration under Part 1 .
(5) The
relevant authority must, in considering whether to issue a permit under this
section and, if so, the conditions on which the permit may be issued, take
into account any relevant provision of the regional NRM plan.
(6) The
relevant authority must, in issuing a permit under this section that applies
to a situation or circumstance within the Murray-Darling Basin, take into
account, and seek to further, the objects of the River
Murray Act 2003 and the Objectives for a Healthy River Murray under that
Act (insofar as they may be relevant).
(7) If an application
for a permit under this section applies to a situation or circumstance within
a River Murray Protection Area and is within a class of applications
prescribed by the regulations for the purposes of this provision (which class
may be prescribed so as to consist of applications for all such permits), the
relevant authority must, before making its decision on the application—
(a)
consult the Minister to whom the administration of the River
Murray Act 2003 is committed; and
(b)
comply with the Minister's directions (if any) in relation to the applications
(including a direction that the application not be granted, or that if it is
to be granted, then the permit be subject to conditions specified by the
Minister).
(8) A person applying
for a permit under this section must—
(a) pay
a fee (if any) prescribed by the regulations with respect to the application;
and
(b) if
required by the relevant authority before the issuing of the permit, pay an
amount, not exceeding an amount prescribed by the regulations, as security for
compliance with any condition of the permit.
(9) An amount paid
under subsection (8)(b)
will be paid into the NRM Fund and will, on the expiration or revocation of
the permit, be repaid to the person by whom it was paid unless the person
failed to comply with a condition of the permit, in which case, it is
forfeited to the State and will be retained in the NRM Fund (to be applied for
the purposes of that fund).
(10) The
relevant authority may, by notice in writing to the holder of a permit—
(a) vary
or revoke the permit; or
(b) vary
or revoke a condition of the permit, or impose a new condition.
(11) A person who
contravenes or fails to comply with a provision or condition of a permit under
this section is guilty of an offence.
Maximum penalty: $50 000.
Expiation fee: $750.
(12) In this
section—
"relevant authority" means—
(a) in
relation to a Category 1 or Category 2 animal or plant—the
Chief Officer;
(b) in
relation to a Category 3 animal or plant—the regional NRM board for the
relevant area.