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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 8
As laid on the table and read a first time, 16 September
2004
South Australia
Adelaide
Dolphin Sanctuary Bill 2004
A Bill For
An
Act to establish a sanctuary to protect the dolphin population of the Port
Adelaide River estuary and Barker Inlet and its natural habitat; to provide for
the protection and enhancement of the Port Adelaide River estuary and Barker
Inlet; to amend the Aquaculture Act 2001, the Coast Protection
Act 1972, the Development Act 1993, the Environment
Protection Act 1993, the Fisheries Act 1982, the Harbors
and Navigation Act 1993, the Historic Shipwrecks Act 1981,
the Mining Act 1971, the National Parks and Wildlife
Act 1972, the Native Vegetation Act 1991 and the Petroleum
Act 2000; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Interaction with other Acts
5 Related operational Acts
6 Act binds Crown
Part 2—Objects of Act and
statutory objectives
7 Objects
8 Objectives
9 Administration of Act to achieve
objects and objectives
Part 3—Adelaide Dolphin
Sanctuary
Division 1—Sanctuary
10 Establishment of Adelaide Dolphin
Sanctuary
Division 2—Adelaide Dolphin
Sanctuary Management Plan
11 ADS Management Plan
Division 3—Adelaide Dolphin
Sanctuary Advisory Board
12 Establishment of ADS Advisory Board
13 Presiding member
14 Terms and conditions of membership
15 Vacancies or defects in appointment of
members
16 Remuneration
17 Functions of Board
18 Committees
19 Board's procedures
20 Staff, facilities etc
21 Annual report
Division 4—Adelaide Dolphin
Sanctuary Fund
22 ADS Fund
23 Accounts
24 Audit
Part 4—Administration
Division 1—Minister
25 Functions and powers of Minister
26 Annual report
27 Power of delegation
Division 2—Authorised officers
28 Appointment of authorised officers
29 Powers of authorised officers
30 Hindering etc persons engaged in
administration of Act
31 Protection from self-incrimination
Part 5—General duty of care
32 General duty of care
Part 6—Protection and other
orders
Division 1—Orders
33 Protection orders
34 Action on non-compliance with
protection order
35 Reparation orders
36 Action on non-compliance with a
reparation order
37 Reparation authorisations
38 Related matters
Division 2—Registration of
orders and effect of charges
39 Registration
40 Effect of charge
Division 3—Appeals to ERD
Court
41 Appeal
Part 7—Provisions relating to
official insignia
42 Interpretation
43 Declaration of logo
44 Protection of official insignia
45 Seizure and forfeiture of goods
Part 8—Miscellaneous
46 Native title
47 Immunity provision
48 Continuing offence
49 Offences by bodies corporate
50 General defence
51 Criminal jurisdiction of ERD Court
52 Confidentiality
53 Service
54 Evidentiary provision
55 Regulations
Schedule 1—Adelaide Dolphin Sanctuary
1 Adelaide Dolphin Sanctuary
Schedule 2—Related amendments
Part 1—Preliminary
1 Amendment provisions
Part 2—Amendment of
Aquaculture Act 2001
2 Amendment of section 3—Interpretation
3 Amendment of section 11—Nature and
content of policies
4 Amendment of section 12—Procedures
for making policies
Part 3—Amendment of Coast Protection
Act 1972
5 Amendment of section 4—Interpretation
6 Amendment of section 14—General
duties of Board
7 Amendment of section 20—Management
plan
Part 4—Amendment of
Development Act 1993
8 Amendment of section 4—Definitions
9 Amendment of section 22—The Planning
Strategy
10 Amendment of section 24—Council or
Minister may amend a Development Plan
11 Amendment of section 34—Determination
of relevant authority
12 Amendment of section 46A—The Major
Developments Panel
13 Amendment of section 46B—EIS process—Specific
provisions
14 Amendment of section 46C—PER process—Specific
provisions
15 Amendment of section 46D—DR process—Specific
provisions
16 Amendment of section 48—Governor to
give decision on development
Part 5—Amendment of
Environment Protection Act 1993
17 Insertion of section 10B
10B Objects of Adelaide Dolphin Sanctuary
Act 2004
Part 6—Amendment of Fisheries
Act 1982
18 Amendment of section 5—Interpretation
19 Amendment of section 20—Objectives
20 Section 31—Research and development
21 Amendment of section 41A—Offence of
killing, injuring etc a marine mammal
22 Amendment of section 43—Temporary
prohibition of certain fishing activities
23 Amendment of section 50—Offence to
release certain fish into natural waters
24 Amendment of section 59—Exemptions
Part 7—Amendment of Harbors
and Navigation Act 1993
25 Amendment of section 3—Objects of this
Act
26 Amendment of section 4—Interpretation
27 Insertion of Part 2 Division 5
Division 5—Miscellaneous
14A General duty of Minister, CEO,
authorised persons etc
28 Amendment of section 26—Licences for
aquatic activities
Part 8—Amendment of Historic
Shipwrecks Act 1981
29 Amendment of section 3—Interpretation
30 Amendment of section 15—Permits for
exploration or recovery of shipwrecks and relics
Part 9—Amendment of Mining
Act 1971
31 Amendment of section 6—Interpretation
32 Substitution of section 10B
10B Interaction with other legislation
33 Amendment of section 28—Grant of
exploration licence
34 Amendment of section 30A—Term and
renewal of licence
35 Amendment of section 35—Application
for lease
36 Amendment of section 38—Term and
renewal of mining lease
37 Amendment of section 41A—Grant of
retention lease
38 Amendment of section 41D—Term and
renewal of retention lease
39 Amendment of section 52—Grant of
miscellaneous purposes licence
40 Amendment of section 55—Term and
renewal of miscellaneous purposes licence
41 Amendment of section 59—Use of
declared equipment
Part 10—Amendment of National
Parks and Wildlife Act 1972
42 Amendment of section 5—Interpretation
43 Amendment of section 37—Objectives of
management
44 Amendment of section 51—Taking of
protected animals etc
45 Amendment of section 60—Illegal
possession of animals etc
46 Amendment of section 68—Molestation
etc of protected animals
47 Amendment of section 68A—Hunting
permits
48 Amendment of section 69—Permits
Part 11—Amendment of Native
Vegetation Act 1991
49 Amendment of section 3—Interpretation
50 Amendment of section 15—Delegation of
powers and functions
51 Amendment of section 25—Guidelines for
the application of assistance and the management of native vegetation
52 Amendment of section 29—Provisions
relating to consent
53 Amendment of Schedule 1—Principles of
native vegetation clearance
Part 12—Amendment of Petroleum
Act 2000
54 Amendment of section 4—Interpretation
55 Insertion of section 6A
6A Special provision relating to
Adelaide Dolphin Sanctuary
56 Amendment of section 12—General
authority to grant licence
57 Insertion of section 103B
103B Adelaide Dolphin
Sanctuary
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Adelaide Dolphin Sanctuary Act
2004.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention
appears—
activity includes the storage or possession of anything (including
something in liquid or gaseous form);
ADS Advisory Board means the Adelaide Dolphin Sanctuary Advisory Board
established under Part 3 Division 3;
ADS Fund means the Adelaide Dolphin Sanctuary Fund established under Part
3 Division 4;
ADS Management Plan means the Adelaide Dolphin Sanctuary Management Plan
adopted under Part 3 Division 2;
associate —see subsection (2);
authorised officer—see section 28;
business includes a business not carried on for profit or gain;
business day means any day except—
(a) a
Saturday, Sunday or public holiday; or
(b) a
day which falls between 25 December and 1 January in the following year;
council means a council within the meaning of the Local Government
Act 1999;
domestic activity means an activity other than an activity undertaken in the
course of a business;
ERD Court means the Environment, Resources and Development Court
established under the Environment, Resources and Development Court
Act 1993;
general duty of care means the duty under section 32;
implementation program—see section 26(2)(c);
place includes any land, water, premises or structure;
public authority includes a Minister, statutory authority or council;
public notice means a notice published in a newspaper circulating generally
throughout the State;
related operational Act—see section 5;
Sanctuary means the Adelaide Dolphin Sanctuary established under
section 10;
statutory authorisation means an approval, consent, licence,
permit or other authorisation granted or required under a related operational
Act;
statutory instrument means—
(a) a
plan, program or policy; or
(b) any
other instrument of a prescribed kind,
prepared pursuant to the provisions of an Act;
vehicle includes any—
(a) vessel
or craft;
(b) plant
or equipment designed to be moved or operated by a driver.
(2) For the purposes of this Act, a person is
an associate of another if—
(a) they
are partners; or
(b) one
is a spouse, parent or child of another; or
(c) they
are both trustees or beneficiaries of the same trust, or one is a trustee and
the other is a beneficiary of the same trust; or
(d) one
is a body corporate or other entity (whether inside or outside Australia) and
the other is a director or member of the governing body of the body corporate
or other entity; or
(e) one
is a body corporate or other entity (whether inside or outside Australia) and
the other is a person who has a legal or equitable interest in 5 per cent or
more of the share capital of the body corporate or other entity; or
(f) they
are related bodies corporate within the meaning of the Corporations Act 2001
of the Commonwealth; or
(g) a
chain of relationships can be traced between them under any one or more of the
above paragraphs.
(3) For
the purposes of subsection (2), a beneficiary of a trust
includes an object of a discretionary trust.
(4) A reference in this Act to the costs of any
damage to the Sanctuary will be taken to include a reference to any costs
associated with—
(a) minimising,
managing or containing any such damage; or
(b) remedying
any such damage; or
(c) addressing
any consequences resulting from any such damage; or
(d) compensating
for any loss or adverse impacts arising from any such damage.
(5) For
the purposes of this or any other Act, the Minister may, in assessing the costs
or extent of any damage to the Sanctuary, apply any assumptions determined by
the Minister to be reasonable in the circumstances.
Except where the contrary intention is expressed in this or any
other Act, this Act is in addition to and does not limit or derogate from the
provisions of any other Act.
For the purposes of this Act, the
following are related operational Acts:
(a) Aquaculture
Act 2001;
(b) Coast
Protection Act 1972;
(c) Development
Act 1993;
(d) Environment
Protection Act 1993;
(e) Fisheries
Act 1982;
(f) Harbors
and Navigation Act 1993;
(g) Historic
Shipwrecks Act 1981;
(h) Mining
Act 1971;
(i) National
Parks and Wildlife Act 1972;
(j) Native
Vegetation Act 1991;
(k) Petroleum
Act 2000;
(l) any
other Act prescribed as a related operational Act by the regulations.
(1) This
Act binds the Crown in right of this State and also, so far as the legislative
power of the State extends, the Crown in all its other capacities, but not so
as to impose any criminal liability on the Crown.
(2) Without
limiting or derogating from subsection (1), all agencies and
instrumentalities of the Crown must endeavour, as far as practicable, to act
consistently with the ADS Management Plan.
Part 2—Objects of Act and statutory objectives
The objects of this Act are—
(a) to
protect the dolphin population of the Port Adelaide River estuary and Barker
Inlet; and
(b) to
protect the natural habitat of that population.
(1) The following objectives will apply in
connection with the operation of this Act:
(a) the
protection of the dolphin population of the Port Adelaide River estuary and
Barker Inlet from direct physical harm is to be maintained and improved;
(b) the
key habitat features in the Port Adelaide River estuary and Barker Inlet that
are necessary to sustain the dolphin population are to be maintained, protected
and restored;
(c) water
quality within the Port Adelaide River estuary and Barker Inlet should be
improved to a level that sustains the ecological processes, environmental
values and productive capacity of the Port Adelaide River estuary and Barker
Inlet;
(d) the
interests of the community are to be taken into account by recognising
indigenous and other cultural, and historical, relationships with the Port
Adelaide River estuary and Barker Inlet and surrounding areas, and by ensuring
appropriate participation in processes associated with the management of the
Port Adelaide River estuary and Barker Inlet;
(e) public
awareness of the importance of a healthy Port Adelaide River estuary and Barker
Inlet to the economic, social and cultural prosperities of the local
communities, and the community more generally, is to be promoted;
(f) the
principles of ecological sustainable development in relation to the use and
management of the Port Adelaide River estuary and Barker Inlet are to be
promoted.
(2) For the purposes of subsection (1)(f),
the following are declared to be principles of ecologically sustainable
development:
(a) that
the use, development and protection of the environment should be managed in a
way, and at a rate, that will enable people and communities to provide for
their economic, social and physical well-being and for their health and safety
while—
(i) sustaining
the potential of natural and physical resources to meet the reasonably
foreseeable needs of future generations; and
(ii) safeguarding
the life-supporting capacity of air, water, land and ecosystems; and
(iii) avoiding,
remedying or mitigating any adverse effects of activities on the environment;
(b) that
proper weight should be given to both long and short term economic,
environmental, social and equity considerations in deciding all matters
relating to environmental protection, restoration and enhancement;
(c) that,
if there are threats of serious or irreversible environmental harm, lack of
full scientific certainty should not be taken to justify the postponement of
decisions or measures to prevent the environmental harm.
9—Administration of Act to achieve objects and objectives
The Minister, the ADS Advisory Board, the ERD Court and other
persons or bodies involved in the administration of this Act, and any other
person or body required to consider the operation or application of this Act
(whether acting under this Act or another Act), must act consistently with, and
seek to further, the objects and objectives of this Act.
Part 3—Adelaide Dolphin Sanctuary
10—Establishment of Adelaide Dolphin Sanctuary
(1) The
Adelaide Dolphin Sanctuary is established.
(2) The
Sanctuary consists of the area defined in Schedule 1.
(3) The
Governor may alter the boundaries of the Sanctuary by regulation.
(4) A regulation made under subsection (3)
cannot take effect unless and until it has been laid before both Houses of
Parliament and—
(a) no
motion for disallowance of the regulation is moved within the time for such a
motion; or
(b) every
motion for disallowance of the regulation has been defeated or withdrawn, or
has lapsed.
Division 2—Adelaide Dolphin Sanctuary Management Plan
(1) The
Minister must, within 12 months after the commencement of this Act, prepare a
plan to be called the Adelaide Dolphin Sanctuary Management Plan.
(2) The Plan must set out—
(a) the
proposals of the Minister in relation to the management of the Sanctuary; and
(b) the
priorities that the Minister will pursue in order to achieve the objects and
objectives of this Act in relation to the Sanctuary.
(3) The
Minister must review the Plan at least once in every 7 years.
(4) The
Minister may amend the Plan at any time.
(5) The Minister must, in relation to any
proposal to create or amend the Plan—
(a) prepare
a draft of the proposal; and
(b) seek
the views of the ADS Advisory Board, all relevant Ministers and prescribed
bodies in relation to the proposal; and
(c) by
public notice, give notice of the place or places at which copies of the draft
are available for inspection (without charge) and purchase and invite interested
persons to make written representations on the proposal within the period
specified in the notice.
(6) The
Minister must make copies of all representations made by members of the public
in response to a notice under subsection (5)(c) available for public
inspection or purchase (except in the case of a representation that was made in
confidence) and for that purpose the Minister must, by public notice, give
notice of the place or places at which the copies are available.
(7) Before adopting the Plan or an amendment to
the Plan, the Minister must—
(a) have
regard to any views expressed by the ADS Advisory Board, relevant Ministers and
prescribed bodies in relation to the proposal; and
(b) consider
all representations made by members of the public in response to a notice under
subsection (5)(c),
and the Minister may make such alterations to the draft as the
Minister thinks necessary or desirable.
(8) The
Plan, and any amendment to the Plan, have no force or effect until adopted by
the Minister.
(9) The Minister must—
(a) make
reasonable provision for the publication of the Plan; and
(b) ensure
that copies of the Plan are reasonably available for inspection (without
charge) and purchase by the public at a place or places determined by the
Minister; and
(c) ensure
that public notice is given of any amendment to the Plan within a reasonable
time after the amendment is made.
(10) The
Plan is an expression of policy and does not in itself affect rights or
liabilities (whether of a substantive, procedural or other nature).
(11) A
failure of the Minister to comply with a requirement of this section cannot be
taken to affect the validity of the Plan.
(12) In this section—
relevant Minister means a Minister responsible for the administration of a
related operational Act.
Division 3—Adelaide Dolphin Sanctuary Advisory Board
12—Establishment of ADS Advisory Board
(1) The
Adelaide Dolphin Sanctuary Advisory Board is established.
(2) The
Board consists of 11 members appointed by the Governor on the nomination of the
Minister.
(3) The membership of the Board must include
persons who together have, in the Minister's opinion, knowledge of, and
experience in, the following areas:
(a) dolphin
conservation and research;
(b) community
education programs management;
(c) conservation
of marine ecosystems;
(d) fisheries
management;
(e) local
government;
(f) tourism
and recreation management;
(g) industry
development and management;
(h) port
and harbor management;
(i) Kaurna
culture and heritage from the male perspective;
(j) Kaurna
culture and heritage from the female perspective.
(4) Before
nominating a person or persons for appointment to the Board, the Minister must,
by public notice, invite expressions of interest for appointment to the Board
within a period specified in the notice and must consider any expressions of
interest received in response to the notice.
(5) The
Minister must not nominate a person for appointment to the Board unless the
Minister is of the opinion that the person has a commitment to the protection
and enhancement of the Port Adelaide River estuary and Barker Inlet.
(6) At
least 2 members of the Board must be women and at least 2 must be men.
The Minister must appoint one of the members of the Board to be
the presiding member of the Board.
14—Terms and conditions of membership
(1) A
member of the Board will be appointed on conditions determined by the Governor
and for a term, not exceeding 3 years, specified in the instrument of
appointment and, at the expiration of a term of appointment, is eligible for
reappointment.
(2) The Governor may remove a member of the
Board from office—
(a) for
breach of, or non-compliance with, a condition of appointment; or
(b) for
misconduct; or
(c) for
failure or incapacity to carry out official duties satisfactorily.
(3) The office of a member of the Board becomes
vacant if the member—
(a) dies;
or
(b) completes
a term of office and is not reappointed; or
(c) resigns
by written notice to the Minister; or
(d) ceases
to satisfy the qualification by virtue of which the member was eligible for
appointment to the Board; or
(e) is
absent without leave of the presiding member of the Board from 3 consecutive
meetings of the Board; or
(f) is
removed from office under subsection (2).
15—Vacancies or defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of
a vacancy in its membership or a defect in the appointment of a member.
A member of the Board is entitled to remuneration, allowances and
expenses determined by the Governor.
The function of the Board is to advise the
Minister on—
(a) the
preparation of the ADS Management Plan and any amendments to the Plan; and
(b) the
effectiveness of the ADS Management Plan in achieving the objects and
objectives of this Act; and
(c) the
effectiveness of the implementation program; and
(d) the
application of money belonging to the ADS Fund; and
(e) any
matter referred to the Board by the Minister; and
(f) any
matter connected with the administration of this Act on which the Board
believes it should advise the Minister.
(1) The
Board may, with the approval of the Minister, establish committees.
(2) The
function of a committee is to advise the Board on any matter referred to the
committee by the Board.
(3) The
membership of a committee will be determined by the Board and may, but need
not, consist of, or include, members of the Board.
(4) The
Board will determine who will be the presiding member of a committee.
(5) The procedures to be observed in relation
to the conduct of the business of a committee will be—
(a) as
determined by the committee;
(b) insofar
as a procedure is not determined under paragraph (a)—as determined by the
Board.
(6) If
the Public Sector Management Act 1995 would not, apart from this
section, apply to a member of a committee, that Act applies to the member in
the same way as to an advisory body member within the meaning of that Act.
(1) 6
members constitute a quorum of the Board.
(2) A
meeting of the Board will be chaired by the presiding member or, in his or her
absence, by a member of the Board chosen by the members present at the meeting.
(3) A
decision carried by a majority of the votes cast by members of the Board at a
meeting is a decision of the Board.
(4) Each
member present at a meeting of the Board has one vote on any question arising
for decision and the member presiding at the meeting may exercise a casting
vote if the votes are equal.
(5) A conference by telephone or other
electronic means between the members of the Board will, for the purposes of
this section, be taken to be a meeting of the Board at which the participating
members are present if—
(a) notice
of the conference is given to all members in the manner determined by the Board
for the purpose; and
(b) each
participating member is capable of communicating with every other participating
member during the conference.
(6) A proposed resolution of the Board becomes
a valid decision of the Board despite the fact that it is not voted on at a
meeting of the Board if—
(a) notice
of the proposed resolution is given to all members of the Board in accordance
with procedures determined by the Board; and
(b) a
majority of the members express concurrence in the proposed resolution by
letter, telegram, telex, facsimile transmission, electronic mail or other
written communication setting out the terms of the resolution.
(7) The
Board must have accurate minutes kept of its meetings.
(8) Subject
to this Act, the Board may determine its own procedures.
(9) If
the Public Sector Management Act 1995 would not, apart from this
section, apply to a member of the Board, that Act applies to the member in the
same way as to an advisory body member within the meaning of that Act.
The Minister must make available to the Board such staff,
facilities, information and assistance as it may reasonably require for the
effective performance of its functions under this Act.
(1) The
Board must, on or before 30 September in each year, prepare and deliver to the
Minister a report on the operations of the Board during the previous financial
year.
(2) The
Minister must, within 12 sitting days after receiving a report under this
section, cause a copy of the report to be laid before both Houses of
Parliament.
Division 4—Adelaide Dolphin Sanctuary Fund
(1) There
will be a fund kept in a separate account at the Treasury to be called the
Adelaide Dolphin Sanctuary Fund.
(2) The ADS Fund will consist of—
(a) any
money provided by Parliament for the purposes of the fund; and
(b) any
money provided by the Government of the Commonwealth for the purposes of the
fund; and
(c) grants,
gifts and bequests made to the Minister for payment into the fund; and
(d) proceeds
from sales by the Minister under section 45; and
(e) any
income arising from the investment of the fund under subsection (3); and
(f) all
other money that is required or authorised by or under this Act or any other
law to be paid into the fund.
(3) Any
money in the ADS Fund that is not for the time being required for the purposes
of this Act may be invested by the Minister after consultation with the
Treasurer.
(4) The Minister may apply any part of the ADS
Fund—
(a) for
any purpose to further the objects or objectives of this Act; and
(b) in
payment of the expenses of administering the fund.
(5) The
Minister must, before applying money belonging to the fund in furtherance of
the objects and objectives of this Act, have regard to any advice provided by
the ADS Advisory Board in relation to the matter.
The Minister must cause proper accounts to be kept in relation to
the ADS Fund.
The Auditor-General may at any time, and must at least once in
each year, audit the accounts of the ADS Fund.
25—Functions and powers of Minister
(1) The Minister has the following functions
under this Act:
(a) to
prepare and keep under review the ADS Management Plan;
(b) to
provide advice with respect to the approval of activities proposed to be
undertaken within the Sanctuary or that may have a direct impact on the
Sanctuary;
(c) to
consult with relevant persons, bodies or authorities, including indigenous
peoples with an association with the Sanctuary, about the goals or outcomes
that should be adopted or pursued in order to achieve or advance the objects
and objectives of this Act;
(d) as
far as reasonably practicable and appropriate, to act to integrate the
administration of this Act with the administration of other legislation that
may affect the Sanctuary;
(e) to
institute, supervise or promote programs to protect, maintain or improve the
Sanctuary;
(f) to
promote the undertaking of monitoring and research programs to collect data on
the state of the Sanctuary and other relevant information, and to assess and
apply other information relevant to the Sanctuary obtained from other programs
or sources;
(g) to
promote public awareness of the importance of a healthy Port Adelaide River
estuary and Barker Inlet;
(h) to
conduct or promote public education in relation to the protection, improvement
or enhancement of the Sanctuary; and
(i) to
keep the state of the Sanctuary under review;
(j) to
undertake the enforcement of the general duty of care;
(k) such
other functions as are assigned to the Minister by or under this or any other
Act.
(2) The administration of—
(a) this
Act; and
(b) the
Coast Protection Act 1972,
must be committed to the same Minister.
(3) The Minister has the power to do anything
necessary, expedient or incidental to—
(a) performing
the functions of the Minister under this Act; or
(b) administering
this Act; or
(c) furthering
the objects and objectives of this Act.
(1) The
Minister must on or before 30 September in each year prepare a report on the
operation of this Act for the financial year ending on the preceding 30 June.
(2) The annual report must include—
(a) information
on the extent to which the objects and objectives of this Act are being
achieved; and
(b) reports
on the following matters for the preceding financial year:
(i) the
referral of matters to the Minister under any related operational Act; and
(ii) the
enforcement of the general duty of care; and
(iii) action
taken by the Minister or authorised officers under Part 6; and
(c) a
program setting out the Minister's proposals for the implementation of the ADS
Management Plan during the current financial year.
(3) The
Minister must cause a copy of the report to be laid before both Houses of
Parliament within 12 sitting days after the report is prepared.
(1) Minister
may delegate to a body or person (including a person for the time being holding
or acting in a specified office or position) a function or power of the
Minister under this Act.
(2) A delegation under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Minister to act in any matter; and
(d) is
revocable at will.
(3) A
function or power delegated under this section may, if the instrument of
delegation so provides, be further delegated.
Division 2—Authorised officers
28—Appointment of authorised officers
(1) The
Minister may appoint persons to be authorised officers for the purposes of this
Act.
(2) Each
police officer is an authorised officer for the purposes of this Act.
(3) An
appointment under subsection (1) may be made subject to conditions or
limitations specified in the instrument of appointment.
(4) An authorised officer appointed under
subsection (1) must be issued with an identity card—
(a) containing
the person’s name and a photograph of the person; and
(b) stating
that the person is an authorised officer for the purposes of this Act; and
(c) stating
any limitations on the authorised officer’s authority.
(5) An
authorised officer must, at the request of a person in relation to whom the
authorised officer intends to exercise any powers under this Act, produce for
the inspection of the person his or her identity card.
(6) If a person in possession of an identity
card issued to the person under this section ceases to be an authorised
officer, the person must forthwith return the identity card to the Minister.
Maximum penalty: $250.
29—Powers of authorised officers
(1) An authorised officer may, as may
reasonably be required in connection with the administration, operation or
enforcement of this Act—
(a) enter
any place;
(b) inspect
any place, including the stratum lying below the surface of any land, and water
on or under any land, and inspect any works, plant or equipment;
(c) enter
and inspect any vehicle and for that purpose require a vehicle to stop, or to
be presented for inspection at a place and time specified by the authorised
officer, and board any vessel or craft;
(d) give
directions with respect to the stopping or movement of a vehicle, plant,
equipment or other thing;
(e) require
a person apparently in charge of a vessel or craft to facilitate any boarding;
(f) take
measurements, including measurements of the flow of any water on or under any
land or relating to any change in any aspect of the environment;
(g) place
any markers, pegs or other items or equipment in order to assist in
environmental testing or monitoring;
(h) take
samples of any substance or thing from any place (including under any land), or
vehicle, for analysis;
(i) with
the authority of a warrant issued by a magistrate, require any person to
produce specified documents or documents of a specified kind, including a
written record that reproduces in an understandable form information stored by
computer, microfilm or other process;
(j) examine,
copy or take extracts from a document or information so produced or require a
person to provide a copy of any such document or information;
(k) take
photographs, films, audio, video or other recordings;
(l) examine
or test any vehicle, plant, equipment, fitting or other thing, or cause or
require it to be so examined or tested, or seize it or require its production
for such examination or testing;
(m) seize
and retain anything that the authorised officer reasonably suspects has been
used in, or may constitute evidence of, a contravention of this Act;
(n) require
a person who the authorised officer reasonably suspects has committed, is
committing or is about to commit, a contravention of this Act to state the
person’s full name and usual place of residence and to produce evidence of the
person’s identity;
(o) require
a person who the authorised officer reasonably suspects has knowledge of
matters in respect of which information is reasonably required for the
administration, operation or enforcement of this Act to answer questions in
relation to those matters;
(p) give
directions reasonably required in connection with the exercise of a power
conferred by any of the above paragraphs or otherwise in connection with the
administration, operation or enforcement of this Act;
(q) exercise
other prescribed powers.
(2) An
authorised officer must not exercise a power conferred by subsection (1)
in respect of residential premises (but such a power may be exercised in
respect of any vessel or craft).
(3) An
authorised officer in exercising powers under this section may be accompanied
by such assistants as are reasonably required in the circumstances.
(4) An
authorised officer may, on the authority of a warrant issued by a magistrate,
use force to enter any place or vehicle.
(5) A magistrate must not issue a warrant under
subsection (4) unless satisfied that there are reasonable grounds to
believe—
(a) that
a contravention of this Act has been, is being, or is about to be, committed in
or on a place or vehicle; or
(b) that
something may be found in or on a place or vehicle that has been used in, or
constitutes evidence of, a contravention of this Act; or
(c) that
the circumstances require immediate action.
(6) An application for the issue of a warrant
under this section—
(a) may
be made either personally or by telephone; and
(b) must
be made in accordance with any procedures prescribed by the regulations.
(7) If
an authorised officer digs up any land under subsection (1), the
authorised officer must, after taking such steps as the authorised officer
thinks fit in the exercise of powers under that subsection, insofar as is
reasonably practicable, take steps to ensure that the land is restored to such
state as is reasonable in the circumstances.
(8) An
authorised officer must, in taking any action under this section, have regard
to any request made by any indigenous peoples with an association with the Port
Adelaide River estuary and Barker Inlet that the authorised officer (or
authorised officers generally) not enter a specified area.
(9) An
authorised officer must, before exercising powers under this section in
relation to a person, insofar as is reasonably practicable, provide to the
person a copy of an information sheet that sets out information about the
source and extent of the authorised officer's powers under this section, and
about the action that may be taken against the person if he or she fails to
comply with a requirement or direction of an authorised officer under this
section.
(10) For
the purposes of subsection (9), an information sheet is a
document approved by the Minister for the purposes of that subsection.
30—Hindering etc persons engaged in administration of Act
(1) A person who—
(a) without
reasonable excuse hinders or obstructs an authorised officer or other person
engaged in the administration of this Act; or
(b) fails
to answer a question put by an authorised officer to the best of his or her
knowledge, information or belief; or
(c) produces
a document or record that he or she knows, or ought to know, is false or
misleading in a material particular; or
(d) fails
without reasonable excuse to comply with a requirement or direction of an
authorised officer under this Act; or
(e) uses
abusive, threatening or insulting language to an authorised officer, or a
person assisting an authorised officer; or
(f) falsely
represents, by words or conduct, that he or she is an authorised officer,
is guilty of an offence.
Maximum penalty:
(a) in
the case of an offence against paragraph (a) or (e)—$5 000;
(b) in
any other case—$10 000.
(2) A person (other than an authorised officer)
who, without the permission of the Minister, removes, destroys or interferes
with any marker, peg or other item or equipment placed under
section 29(1)(g) is guilty of an offence.
Maximum penalty: $5 000.
31—Protection from self-incrimination
A person is not obliged to answer a question or to produce a
document or record as required under this Part if to do so might tend to
incriminate the person or make the person liable to a penalty.
(1) A
person must take all reasonable measures to prevent or minimise any harm to the
Sanctuary through his or her actions or activities.
(2) For the purposes of subsection (1)—
(a) harm
includes—
(i) a
risk of harm, and future harm; and
(ii) anything
declared by regulation to be harm to the Sanctuary; and
(b) harm
need not be permanent but must be more than transient or tenuous in nature; and
(c) in
determining what measures are required to be taken, regard must be had, amongst
other things, to—
(i) the
nature of the harm; and
(ii) the
sensitivity of the environment that may be affected and the potential impact of
the harm environmentally, socially and economically; and
(iii) the
practicality and financial implications of any alternative action, and the
current state of technical and scientific knowledge; and
(iv) any
degrees of risk that may be involved; and
(v) the
significance of the Sanctuary to the State and to the environment and economy
of the State; and
(vi) the
extent to which an act or activity may have a cumulative effect on the
Sanctuary; and
(vii) insofar
as is reasonably practicable and relevant, any assessment of potential harm to
the Sanctuary as a result of the relevant action or activity undertaken before
a statutory authorisation (if any) was granted under a related operational Act,
and the extent to which any such harm was intended to be prevented or minimised
through the attachment of conditions to a statutory authorisation (if any)
under a related operational Act.
(3) A
person will be taken not to be in breach of subsection (1) if the person
is acting in circumstances prescribed by the regulations.
(4) A person who breaches the duty created by
subsection (1) is not, on account of the breach alone, guilty of an
offence but—
(a) compliance
with the duty may be enforced by the issuing of a protection order under Part
6; and
(b) a
reparation order or reparation authorisation may be issued under that Part in
respect of the breach of the duty.
Part 6—Protection and other orders
(1) The
Minister may issue a protection order under this Division for the purpose of
securing compliance with the general duty of care.
(2) A protection order—
(a) must
be in the form of a written notice served on the person to whom the notice is
issued;
(b) must
specify the person to whom it is issued (whether by name or a description
sufficient to identify the person);
(c) must
state the grounds on which it is made with reasonable particularity;
(d) may
impose any requirement reasonably required for the purpose for which the order
is issued including one or more of the following:
(i) a
requirement that the person discontinue, or not commence, a specified activity
indefinitely or for a specified period or until further notice from the
Minister;
(ii) a
requirement that the person not carry on a specified activity except at
specified times or subject to specified conditions;
(iii) a
requirement that the person take specified action in a specified way, and
within a specified period;
(e) must
state that the person may, within 14 days, appeal to the ERD Court against the
order.
(3) An
authorised officer may, if of the opinion that urgent action is required for
the protection of the Sanctuary, issue an emergency protection order imposing
requirements of a kind referred to in subsection (2)(d) as reasonably
required for the protection of the Sanctuary.
(4) An
emergency protection order may be issued orally but, in that event, the person
to whom the order is issued must be advised forthwith of the person’s right to
appeal to the ERD Court against the order.
(5) If
an emergency protection order is issued orally, the authorised 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 protection 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 protection order issued by the Minister and served on the relevant
person.
(7) The
Minister may, by written notice served on a person to whom a protection order
has been issued, vary or revoke the order.
(8) A person to whom a protection order is
issued must comply with the order.
Maximum penalty:
(a) if
the order was issued in relation to a domestic activity for the purpose of
securing compliance with the general duty of care—$2 500;
(b) in any other case—$120 000.
Expiation fee:
(a) if
the order was issued in relation to a domestic activity for the purpose of
securing compliance with the general duty of care—$250;
(b) in
any other case—$500.
(9) A person must not hinder or obstruct a
person complying with a protection order.
Maximum penalty: $10 000.
34—Action on non-compliance with protection order
(1) If
the requirements of a protection order are not complied with, the Minister may
take any action required by the order.
(2) Action
to be taken by the Minister under subsection (1) may be taken on the
Minister’s behalf by an authorised officer or another person authorised by the
Minister for the purpose.
(3) A
person taking action under this section may enter any relevant place or vehicle
at any reasonable time.
(4) The
reasonable costs and expenses incurred by the Minister in taking action under
this section may be recovered by the Minister as a debt from the person who
failed to comply with the requirements of the protection order.
(5) If an amount is recoverable from a person
by the Minister under this section—
(a) the
Minister may, by notice in writing to the person, fix a period, being not less
than 28 days from the date of the notice, within which the amount must be paid
by the person, and, if the amount is not paid by the person within that period,
the person is liable to pay interest charged at the prescribed rate per annum
on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Minister on any land owned by the person in relation to which the
protection order is registered under Division 2.
(1) If the Minister is satisfied that a person
has caused harm to the Sanctuary by contravention of—
(a) the
general duty of care; or
(b) a
condition of a statutory authorisation that relates to an activity carried out
within the Sanctuary,
the Minister may issue a reparation order requiring the person—
(c) take
specified action within a specified period to make good any resulting damage to
the Sanctuary; or
(d) to
make a payment or payments into an approved account to enable action to be
taken to address any resulting damage to the Sanctuary,
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;
(b) must
specify the person to whom it is issued (whether by name or a description
sufficient to identify the person);
(c) must
state the grounds on which it is made with reasonable particularity;
(d) may
include requirements for action to be taken to prevent or mitigate further harm
to the Sanctuary, or for a plan of action to be prepared to the satisfaction of
the Minister;
(e) may
include requirements for specified tests or monitoring;
(f) may
include requirements for furnishing to the Minister specified results or
reports;
(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;
(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);
(i) must
state that the person may, within 14 days, appeal to the ERD Court against the
order.
(3) An
authorised 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 forthwith of the person's right to appeal
to the ERD Court against the order.
(5) If
an emergency reparation order is issued orally, the authorised 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 an authorised 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.
36—Action on non-compliance with a reparation order
(1) If
the requirements of a reparation order are not complied with, the Minister may
take any action required by the order.
(2) Action
taken by the Minister under subsection (1) may be taken on the Minister's
behalf by an authorised officer or another person authorised by the Minister
for the purpose.
(3) A
person taking action under this section may enter any relevant place or vehicle
at any reasonable time.
(4) The
reasonable costs and expenses incurred by the Minister in taking action under
this section may be recovered by the Minister as a debt from the person who
failed to comply with the requirements of the reparation order.
(5) If an amount is recoverable from a person
by the Minister under this section—
(a) the
Minister may, by notice in writing to the person, fix a period, being not less
than 28 days from the date of the notice, within which the amount must be paid
by the person, and, if the amount is not paid by the person within that period,
the person is liable to pay interest charged at the prescribed rate per annum
on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Minister on any land owned by the person in relation to which the
reparation order is registered under Division 2.
(1) If the Minister is satisfied that a person
has caused harm to the Sanctuary by contravention of—
(a) the
general duty of care; or
(b) a
condition of a statutory authorisation that relates to an activity carried out
within the Sanctuary,
the Minister may (whether or not a reparation order has been
issued to the person) issue a reparation authorisation under which authorised
officers or other persons authorised by the Minister for the purpose may take
specified action on the Minister's behalf to make good any resulting damage to
the Sanctuary.
(2) A reparation authorisation—
(a) must
be in the form of a written notice;
(b) must
specify the person alleged to have caused the harm (whether by name or a
description sufficient to identify the person);
(c) must
state the grounds on which it is made with reasonable particularity;
(d) may
include authorisation for action to be taken to prevent or mitigate further
harm to the Sanctuary.
(3) The
Minister must, as soon as practicable after issuing a reparation authorisation,
serve a copy of the authorisation on the person alleged to have caused the
harm.
(4) The
Minister may, by notice in writing, vary or revoke a reparation authorisation
and must, as soon as practicable after doing so, serve a copy of the notice on
the person alleged to have caused the harm.
(5) If a person other than an authorised
officer is authorised to take action under subsection (1), the following
provisions apply:
(a) the
Minister must issue the person with an instrument of authority;
(b) the
person may exercise such powers of an authorised officer as are reasonably
required for the purpose of taking action under that subsection;
(c) the
provisions of this Act apply in relation to the exercise of such powers by the
person in the same way as in relation to an authorised officer;
(d) the
person must produce the instrument of authority for the inspection of any
person in relation to whom the person intends to exercise powers of an
authorised officer.
(6) A
person taking action under a reparation authorisation may enter any relevant
place or vehicle at any reasonable time.
(7) The
reasonable costs and expenses incurred by the Minister in taking action under a
reparation authorisation may be recovered by the Minister as a debt from the
person who caused the relevant harm.
(8) If an amount is recoverable from a person
by the Minister under this section—
(a) the
Minister may, by notice in writing to the person, fix a period, being not less
than 28 days from the date of the notice, within which the amount must be paid
by the person, and, if the amount is not paid by the person within that period,
the person is liable to pay interest charged at the prescribed rate per annum
on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Minister on any land owned by the person in relation to which the
reparation authorisation is registered under Division 2.
(1) The
Minister should, so far as is reasonably practicable, consult with any other
public authority that may also have power to act with respect to the particular
matter before the Minister issues a protection order, reparation order or
reparation authorisation under this Division.
(2) Subsection (1) does not apply—
(a) where
action is being taken under this Act as a matter of urgency; or
(b) in
any other circumstance of a prescribed kind.
(3) A person cannot claim compensation from—
(a) the
Minister or the Crown; or
(b) an
authorised officer; or
(c) a
person acting under the authority of the Minister or an authorised officer,
in respect of a requirement imposed under this Division, or on
account of any act or omission undertaken or made in the exercise (or purported
exercise) of a power under this Division.
Division 2—Registration of orders and effect of charges
(1) If—
(a) the
Minister issues an order or authorisation under Division 1; and
(b) the
order or authorisation is issued in relation to an activity carried out on
land, or requires a person to take action on or in relation to land,
the Minister may apply to the Registrar-General for the
registration of the order or authorisation in relation to that land.
(2) An application under this section must—
(a) define
the land to which it relates; and
(b) comply
with any requirement imposed by the Registrar-General for the purposes of this
section.
(3) The Registrar-General must on—
(a) due
application under subsection (2); and
(b) lodgement
of a copy of the relevant order or authorisation,
register the order or authorisation in relation to the land by
making such entries in any register book, memorial or other book or record in the
Lands Titles Registration Office or in the General Registry Office as the
Registrar-General thinks fit.
(4) An
order or authorisation registered under this section is binding on each owner
and occupier from time to time of the land.
(5) The
Registrar-General must, on application by the Minister, cancel the registration
of an order or authorisation in relation to land and make such endorsements to
that effect in the appropriate register book, memorial or other book or record
in respect of the land as the Registrar-General thinks fit.
(6) The Minister may, if the Minister thinks
fit, apply to the Registrar-General for cancellation of the registration of an
order or authorisation under this section in relation to land, and must do so—
(a) on
revocation of the order or authorisation; or
(b) in
relation to—
(i) an
order—
(A) on
full compliance with the requirements of the order;
(B) if
the Minister has taken action under Division 1 to carry out the requirements of
the order—on payment to the Minister of any amount recoverable by the Minister
under that Division in relation to the action so taken; or
(ii) an
authorisation—on payment to the Minister of any amount recoverable by the
Minister under Division 1 in relation to the action taken in pursuance of the
authorisation.
A charge imposed on land under Division 1
has priority over—
(a) any
prior charge on the land (whether or not registered) that operates in favour of
a person who is an associate of the owner of the land; and
(b) any
other charge on the land other than a charge registered prior to registration
under this Division of the relevant order or authorisation in relation to the
land.
Division 3—Appeals to ERD Court
(1) A
person to whom a protection order or reparation order has been issued under
Division 1 may appeal to the ERD Court against the order or any variation of
the order.
(2) An
appeal must be made in a manner and form determined by the Court, setting out
the grounds of the appeal.
(3) Subject
to this section, an appeal must be made within 21 days after the order is
issued or the variation is made.
(4) The
Court may, if it is satisfied that it is just and reasonable in the
circumstances to do so, dispense with the requirement that an appeal be made
within the period fixed by subsection (3).
(5) Unless
otherwise determined by the Court, an appeal must be referred in the first
instance to a conference under section 16 of the Environment, Resources and
Development Court Act 1993 (and the provisions of that Act will then
apply in relation to that appeal).
(6) Subject
to subsection (7), the institution of an appeal does not affect the
operation of the order to which the appeal relates or prevent the taking of
action to implement the order.
(7) The Court may, on application by a party to
an appeal, make an order staying or otherwise affecting the operation or
implementation of the whole or a part of an order if the Court is satisfied
that it is appropriate to do so having regard to—
(a) the
possible consequences to the Sanctuary and the interests of any persons who may
be affected by the appeal; and
(b) the
need to secure the effectiveness of the hearing and determination of the
appeal.
(8) An order under subsection (7)—
(a) may
be varied or revoked by the Court by further order;
(b) is
subject to such conditions as are specified in the order;
(c) has
effect until—
(i) the
end of the period of operation (if any) specified in the order; or
(ii) the
decision of the Court on the appeal comes into operation,
whichever is the earlier.
(9) The
Court must not make an order under subsection (7) unless each party to the
appeal has been given a reasonable opportunity to make submissions in relation
to the matter.
(10) The Court may, on hearing an appeal under
this section—
(a) confirm,
vary or revoke the order appealed against;
(b) order
or direct a person or body to take such action as the Court thinks fit, or to
refrain (either temporarily or permanently) from such action or activity as the
Court thinks fit;
(c) make
any consequential or ancillary order or direction, or impose any condition,
that it considers necessary or expedient.
Part 7—Provisions relating to official insignia
(1) In this Part—
official insignia means—
(a) a
design declared by the Minister to be a logo for the purposes of this Part; or
(b) the
name “Adelaide Dolphin Sanctuary”, whether appearing or used in full or in an
abbreviated form; or
(c) a
combination of a logo under paragraph (a) and that name.
(2) For the purposes of this Part, goods will
be taken to be marked with official insignia if the insignia is affixed or
annexed to, marked on, or incorporated in or with—
(a) the
goods; or
(b) any
covering or container in which the goods are wholly or partly enclosed; or
(c) anything
placed in or attached to any such covering or container; or
(d) anything
that is attached to the goods or around which the goods are wrapped or wound.
The Minister may, by notice in the Gazette—
(a) declare
a design to be a logo for the purposes of this Part; or
(b) vary
or revoke a declaration under paragraph (a).
44—Protection of official insignia
(1) The
Crown has a proprietary interest in all official insignia.
(2) A person must not, without the consent of
the Minister, in the course of a trade or business—
(a) sell
goods marked with official insignia; or
(b) use official insignia for the purpose of
promoting the sale of goods or services or the provision of any benefits.
Maximum penalty: $20 000.
(3) A person must not, without the consent of
the Minister, assume a name or description that consists of, or includes,
official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may
be given with or without conditions (including conditions requiring payment to
the Minister); and
(b) may
be given generally by notice in the Gazette or by notice in writing addressed
to an applicant for the consent; and
(c) may
be revoked by the Minister for breach of a condition by notice in writing given
personally or by post to a person who has the benefit of the consent.
(5) The
Supreme Court may, on the application of the Minister, grant an injunction to
restrain a breach of this section.
(6) The
court by which a person is convicted of an offence against this section may, on
the application of the Minister, order the convicted person to pay compensation
of an amount fixed by the court to the Minister.
(7) Subsections (5)
and (6) do not derogate from any civil remedy that may be available to the
Minister apart from those subsections.
45—Seizure and forfeiture of goods
(1) If—
(a) goods
apparently intended for a commercial purpose are marked with official insignia;
and
(b) an
authorised officer suspects on reasonable grounds that the use of the insignia
has not been authorised by the Minister,
the authorised officer may seize those goods.
(2) If goods have been seized under this section
and—
(a) proceedings
are not instituted for an offence against section 44(2) in relation to the
goods within 3 months of their seizure; or
(b) after
proceedings have been instituted and completed, the defendant is not convicted,
the person from whom they were seized is entitled to recover—
(c) the
goods or, if they have been destroyed, compensation equal to the market value
of the goods at the time of their seizure; and
(d) compensation
for any loss suffered by reason of the seizure of the goods.
(3) An
action for the payment of compensation under subsection (2) may be brought
against the Minister in any court of competent jurisdiction.
(4) The
court by which a person is convicted of an offence against section 44(2)
may order that goods to which the offence relates be forfeited to the Crown.
(5) Any
goods forfeited to the Crown may be sold or disposed of as the Minister thinks
fit and, if sold, the proceeds of sale must be paid into the ADS Fund.
(1) Nothing
done under this Act will be taken to affect native title in any land or water.
(2) However,
subsection (1) does not apply if the effect is valid under a law of the
State or the Native Title Act 1993 of the Commonwealth.
No act or omission undertaken or made by
the Minister or any other person engaged in the administration of this Act, or
by another person or body acting under the authority of the Minister, with a
view to—
(a) exercising
or performing a power or function under this Act; or
(b) protecting,
restoring or enhancing the Sanctuary, or any aspect of the Sanctuary (including
by exercising or performing any power or function under another Act); or
(c) furthering
the objectives of this Act (including by exercising or performing any power or
function under another Act),
gives rise to any liability (whether based on a statutory or
common law duty to take care or otherwise) against the Minister, person or
body, or the Crown.
(1) A person convicted of an offence against a
provision of this Act in respect of a continuing act or omission—
(a) is
liable, in addition to the penalty otherwise applicable to the offence, to a
penalty for each day during which the act or omission continued of not more
than one-tenth of the maximum penalty prescribed for that offence; and
(b) is,
if the act or omission continues after the conviction, guilty of a further
offence against the provision and liable, in addition to the penalty otherwise
applicable to the further offence, to a penalty for each day during which the
act or omission continued after the conviction of not more than one-tenth of
the maximum penalty prescribed for the offence.
(2) If
an offence consists of an omission to do something that is required to be done,
the omission will be taken to continue for as long as the thing required to be
done remains undone after the end of the period for compliance with the
requirement.
49—Offences by bodies corporate
(1) If
a body corporate commits an offence against this Act, each member of the
governing body, and the manager, of the body corporate are guilty of an offence
and liable to the same penalty as is prescribed for the principal offence where
the offender is a natural person.
(2) A
person may be prosecuted and convicted of an offence under this section whether
or not the body corporate has been prosecuted or convicted of the offence
committed by the body corporate.
It is a defence to a charge of an offence against this Act if the
defendant proves that the alleged offence was not committed intentionally and
did not result from any failure on the part of the defendant to take reasonable
care to avoid the commission of the offence.
51—Criminal jurisdiction of ERD Court
Offences constituted by this Act lie within the criminal
jurisdiction of the ERD Court.
(1) A person engaged or formerly engaged in the
administration of this Act must not divulge or communicate personal information
obtained (whether by that person or otherwise) in the course of official duties
except—
(a) as
required or authorised by or under this Act or any other Act or law; or
(b) with
the consent of the person to whom the information relates; or
(c) in
connection with the administration of this Act; or
(d) to an agency or instrumentality of this
State, the Commonwealth or another State or Territory of the Commonwealth for
the purposes of the proper performance of its functions.
Maximum penalty: $5 000.
(2) Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1) for a particular purpose must not be used for any other
purpose by—
(a) the
person to whom the information was disclosed; or
(b) any other person who gains access to the
information (whether properly or improperly and whether directly or indirectly)
as a result of that disclosure.
Maximum penalty: $5 000.
(1) A notice, order or other document required
to be given or sent to, or served on, a person for the purposes of this Act may—
(a) be
given to the person personally; or
(b) be
posted in an envelope addressed to the person at the person's last known
residential or (in the case of a corporation) registered address; or
(c) be
left for the person at the person's last known residential or (in the case of a
corporation) registered address with someone apparently over the age of 16
years; or
(d) be
transmitted by facsimile transmission or electronic mail to a facsimile number
or electronic mail address (in which case the notice or document will be taken
to have been given or served at the time of transmission).
(2) Without
limiting the effect of subsection (1), a notice, order or other document
required to be given or sent to, or served on, a person for the purposes of
this Act may, if the person is a company or registered body within the meaning
of the Corporations Act 2001 of the Commonwealth, be served on the
person in accordance with that Act.
In proceedings for an offence against this Act, an allegation in
the complaint that a person was or was not at a specified time an authorised
officer will be accepted as proved in the absence of proof to the contrary.
(1) The
Governor may make such regulations as are contemplated by, or necessary or
expedient for the purposes of, this Act.
(2) Without limiting the generality of
subsection (1), the regulations may—
(a) create
offences punishable by a fine not exceeding $5 000;
(b) fix
expiation fees for alleged offences against the regulations;
(c) make
provision facilitating proof of the commission of offences against the
regulations.
Schedule 1—Adelaide Dolphin Sanctuary
The Port Adelaide River estuary and Barker
Inlet including—
(a) the
subjacent land; and
(b) the
waters, rivers, creeks, inlets and drains to medium high water mark; and
(c) the
land within the area bounded as follows:
Commencing at the westernmost corner of allotment 223 (DP
32591), Hundred of Port Adelaide, being a point on the southern breakwater of
the Gulf Point Marina; thence westerly along a straight line to a point
longitude 138.460767 latitude –34.788718 (Beacon 3180/004); north-westerly
along a straight line to a point longitude 138.444455 latitude –34.747508
(Beacon 3210/700); again north-westerly along a straight line to a point
longitude 138.407201 latitude –34.655053; easterly along a straight line to
the north-western corner of allotment 4 (DP 23558), Hundred of Port Gawler;
south-easterly along the south-western boundaries of allotment 4;
south-easterly across road to the north-western corner of section 694;
south-easterly along the north-eastern boundaries of sections 694 and 693 and
across road to the north-western corner of section 692; south-westerly along
portion of the north-western boundary of section 692 for 60.0 metres
approximately; south-easterly through section 692 and along the landward side
of the sea levee bank intersecting sections 692 and 691; south-westerly along
the landward side of the sea levee bank intersecting the latter section and
continuing generally south-easterly along the landward side of the sea levee
bank intersecting section 809, Hundred of Port Gawler, intersecting allotment
5 (FP 3965), Hundreds of Port Gawler and Port Adelaide, continuing generally
south-westerly and generally south-easterly along the landward side of the
sea levee bank intersecting piece 20 (FP 108216) and section 624, across
section 508, and continuing generally south-easterly through sections 629,
509, 510, 512 and 513 to the south-western boundary of section 514;
south-easterly along medium high water mark through section 514 and the
south-western boundary of the Town of St Kilda to the northern corner of
allotment 5 (DP 50216), a point on the south-western boundary of Fooks
Terrace, Town of St Kilda; south-easterly along the south-western boundary of
Fooks Terrace; north-easterly along the south-eastern boundary of Salt
Street; south-easterly along the south-western boundary of Mangrove Street;
south-westerly along portion of a north-western boundary of allotment 104 (DP
50216) for 35.60 metres; south-easterly through allotment 104 (DP 50216) and
continuing generally south-easterly along the landward side of the sea levee
bank intersecting sections 323, 324, 325, 326, 327, 328, and piece 23 (FP
108216) and easterly of piece 91 (FP 207067), piece 23 (FP 108216) and
section 330 to the north-eastern boundary of section 587; generally
south-easterly along the north-eastern and north-western boundaries of
section 587, allotment 3 (FP 2871) and allotment 100 (FP 6430) to the western
boundary of Port Wakefield Road; southerly and generally north-westerly along
the eastern, south-western and south-eastern boundaries of allotment 100 (FP
6430), allotment 3 (FP 2871) and section 587 to the landward side of the sea
levee bank (the easternmost corner of allotment 101 - DP 44233); generally
south-westerly and generally south-easterly along south-eastern,
north-eastern and eastern boundaries of allotment 101 (DP 44233), continuing
generally westerly and generally north-westerly along the landward side of
the sea levee bank intersecting piece 1001 (DP 50694) and allotment 2 (DP
18683), and continuing north-westerly and generally westerly along
south-western and south-eastern boundaries of allotment 107 (DP 45483) and
the southern boundaries of allotment 101 (DP 41796) and allotment 204 (DP
48102); north-westerly along Grand Trunkway Road to the north-eastern corner
of allotment 50 (DP 41577) – (medium high water mark); generally westerly
along medium high water mark (North Arm) and continuing generally southerly,
generally south-westerly and generally southerly along medium high water mark
(eastern side of Port Adelaide River) through Port Adelaide Harbor to the
northern boundary of the causeway (the northern boundary of Bower Road);
westerly along the latter boundary to medium high water mark (western side of
Port Adelaide River); generally northerly, generally north-easterly and
generally northerly along medium high water mark (Port Adelaide River) to the
south-eastern corner of allotment 3 (DP 63481); westerly, generally northerly
and easterly along the southern and western boundaries of allotment 3 (DP
63481) and the western, southern and northern boundaries of allotment 2 (DP
63481) to the landward side of the sea levee bank; northerly and
north-westerly along the landward side of the sea levee bank and its
production north-westerly to the medium high water mark; generally westerly
and generally south-westerly along medium high water mark to the
north-western corner of section 694, Hundred of Port Adelaide; south-easterly
and south-westerly along the north-eastern and south-eastern boundaries of
section 694 and production south-westerly to the western corner of piece 3
(FP 218644); south-easterly along the south-western boundaries of piece 3 (FP
218644) to the southern corner of the said piece 3; north-easterly along a
south-eastern boundary of piece 3 (FP 218644) to the northern corner of
allotment 44 (DP 31099); south-easterly along the north-eastern boundary of
allotment 44 (DP 31099) and its production to medium high water mark;
south-easterly, generally northerly, generally south-easterly,
south-westerly, north-westerly and generally southerly (through Gulf Point
Marina) along medium high water mark to the intersection with the production
northerly of the western boundary of allotment 73 (DP 38997); southerly along
the latter production and boundary; westerly along a southern boundary of
allotment 74 (DP 38997) to a north-eastern boundary of allotment 223 (DP
32591); thence south-easterly along the latter boundary and generally
westerly along southern boundaries of allotment 223 (DP 32591) to the point
of commencement. |
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment
of Aquaculture Act 2001
2—Amendment of section 3—Interpretation
(1) Section 3—after the definition of AAC
insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
(2) Section 3—after the definition of marked-off
area insert:
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2004 is committed;
3—Amendment of section 11—Nature and content of policies
Section 11—after subsection (3a) insert:
(3b) Insofar
as an aquaculture policy applies within the Adelaide Dolphin Sanctuary, the
policy must seek to further the objects and objectives of the Adelaide
Dolphin Sanctuary Act 2004 and, in particular, should contain prescribed
criteria to this effect.
4—Amendment of section 12—Procedures for making policies
Section 12—after subsection (7a) insert:
(7b) The
Minister must not approve a draft policy that will apply within the Adelaide
Dolphin Sanctuary without the concurrence of the Minister for the Adelaide
Dolphin Sanctuary.
(7c) If
the Minister to whom the administration of this Act is committed and the
Minister for the Adelaide Dolphin Sanctuary cannot reach agreement in a case
where subsection (7b) applies, the Ministers must take steps to refer the
matter to the Governor and the Governor will determine the matter (and any
decision taken by the Governor will be taken to be a decision of the Minister
under this Act).
Part 3—Amendment
of Coast Protection Act 1972
5—Amendment of section 4—Interpretation
Section 4—before the definition of appointed
member insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
6—Amendment of section 14—General duties of Board
Section 14—after subsection (3) insert:
(4) The Board must, if or when—
(a) taking
any action under this or any other Act within any part of the Adelaide Dolphin
Sanctuary; or
(b) taking
any action under this or any other Act that is likely to have a direct impact
on any part of the Adelaide Dolphin Sanctuary,
take into account, and seek to further, the objects and objectives
of the Adelaide Dolphin Sanctuary Act 2004 (insofar as they may be
relevant).
7—Amendment of section 20—Management plan
Section 20—after subsection (12) insert:
(13) In
preparing or reviewing a management plan that could affect the Adelaide Dolphin
Sanctuary, the Board must consult with and have regard to the views of the
Minister.
Part 4—Amendment
of Development Act 1993
8—Amendment of section 4—Definitions
(1) Section 4(1)—before the definition of adjacent
land insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
(2) Section 4(1)—after the definition of mining
production tenement insert:
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2004 is committed;
9—Amendment of section 22—The Planning Strategy
Section 22(3a)—delete subsection (3a) and
substitute:
(3a) The Planning Strategy will be taken to
include—
(a) the
Objectives for a Healthy River Murray under the River Murray
Act 2003 (as in force from time to time); and
(b) the
objectives of the Adelaide Dolphin Sanctuary Act 2004,
and the appropriate Minister may, as the appropriate Minister
thinks fit, make textual alterations to the Planning Strategy to incorporate
those objectives into the Planning Strategy.
10—Amendment of section 24—Council or Minister may amend a Development Plan
(1) Section 24(1)—after paragraph (fa) insert:
(fb) where
the purpose of the amendment is to promote the objects or objectives of the Adelaide
Dolphin Sanctuary Act 2004—by the Minister;
(2) Section 24—after subsection (3) insert:
(4) The
Minister must, in relation to the preparation of an amendment by a council or
the Minister under subsection (1) that relates to a Development Plan or
Development Plans that relate (wholly or in part) to any part of the Adelaide
Dolphin Sanctuary, consult with and have regard to the views of the Minister
for the Adelaide Dolphin Sanctuary.
11—Amendment of section 34—Determination of relevant authority
Section 34(1)(b)—after subparagraph (vii)
insert:
(viii) the
Minister, acting at the request of the Minister for the Adelaide Dolphin
Sanctuary, declares, by notice in writing served personally or by post on the
proponent, that the Development Assessment Commission should act as the relevant
authority in relation to the proposed development in substitution for the
council or the regional development assessment panel (as the case may be)
because, in the opinion of the Minister making the request, the proposed
development may have a significant impact on an aspect of the Adelaide Dolphin
Sanctuary,
12—Amendment of section 46A—The Major Developments Panel
Section 46A—after subsection (9) insert:
(10) If
it appears that a major development or project may have a significant impact on
any aspect of the Adelaide Dolphin Sanctuary, one of the members of the panel
appointed under subsection (1)(d) or (1)(f) must be a person approved by the
Minister for the Adelaide Dolphin Sanctuary.
13—Amendment of section 46B—EIS process—Specific provisions
(1) Section 46B(4)—after paragraph (ca) insert:
(cb) if
the development or project is to be undertaken within, or is likely to have a
direct impact on, the Adelaide Dolphin Sanctuary, the extent to which the
expected effects of the development or project are consistent with—
(i) the
objects and objectives of the Adelaide Dolphin Sanctuary Act 2004; and
(ii) the
general duty of care under that Act;
(2) Section 46B(5)(a)—after subparagraph (ia)
insert:
(ib) must,
if the EIS relates to a development or project that is to be undertaken within,
or is likely to have a direct impact on, the Adelaide Dolphin Sanctuary, refer
the EIS to the Minister for the Adelaide Dolphin Sanctuary;
14—Amendment of section 46C—PER process—Specific provisions
(1) Section 46C(4)—after paragraph (ca) insert:
(cb) if
the development or project is to be undertaken within, or is likely to have a
direct impact on, the Adelaide Dolphin Sanctuary, the extent to which the
expected effects of the development or project are consistent with—
(i) the
objects and objectives of the Adelaide Dolphin Sanctuary Act 2004; and
(ii) the
general duty of care under that Act;
(2) Section 46C(5)(a)—after subparagraph (ia)
insert:
(ib) must,
if the PER relates to a development or project that is to be undertaken within,
or is likely to have a direct impact on, the Adelaide Dolphin Sanctuary, refer
the PER to the Minister for the Adelaide Dolphin Sanctuary;
15—Amendment of section 46D—DR process—Specific provisions
(1) Section 46D(4)—after paragraph (ca) insert:
(cb) if
the development is to be undertaken within, or is likely to have a direct
impact on, the Adelaide Dolphin Sanctuary, the extent to which the expected
effects of the development are consistent with—
(i) the
objects and objectives of the Adelaide Dolphin Sanctuary Act 2004; and
(ii) the
general duty of care under that Act;
(2) Section 46D(5)(a)—after subparagraph (ia)
insert:
(ib) must,
if the DR relates to a development that is to be undertaken within, or is
likely to have a direct impact on, the Adelaide Dolphin Sanctuary, refer the DR
to the Minister for the Adelaide Dolphin Sanctuary;
16—Amendment of section 48—Governor to give decision on development
Section 48(5)—after paragraph (da) insert:
(db) if
it appears to the Governor that the development may have an impact on any
aspect of the Adelaide Dolphin Sanctuary—
(i) the
objects and objectives of the Adelaide Dolphin Sanctuary Act 2004; and
(ii) the
general duty of care under that Act;
Part 5—Amendment
of Environment Protection Act 1993
After section 10A insert:
10B—Objects
of Adelaide Dolphin Sanctuary Act 2004
The Minister, the Authority and all other bodies and persons
involved in the administration of this Act must, if or when taking any action
under this Act within, or in relation to, any part of the Adelaide Dolphin
Sanctuary within the meaning of the Adelaide Dolphin Sanctuary Act 2004,
take into account, and seek to further, the objects and objectives of that Act
(insofar as they may be relevant).
Part 6—Amendment
of Fisheries Act 1982
18—Amendment of section 5—Interpretation
(1) Section 5(1)—after the definition of abalone
insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
(2) Section 5(1)—after the definition of marine
park insert:
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2004 is committed;
19—Amendment of section 20—Objectives
Section 20—after paragraph (c) insert:
(d) insofar
as this Act applies to the Adelaide Dolphin Sanctuary, seeking to further the
objects and objectives of the Adelaide Dolphin Sanctuary Act 2004.
20—Section 31—Research and development
Section 31—after subsection (2) insert:
(3) Insofar
as any proposed research, exploration, experiments, works or operations under
subsection (1) relate to the Adelaide Dolphin Sanctuary, the Minister must
consult with and have regard to the views of the Minister for the Adelaide
Dolphin Sanctuary.
21—Amendment of section 41A—Offence of killing, injuring etc a marine mammal
Section 41A(1), penalty provision—delete
the penalty provision and substitute:
Penalty: $100 000 or imprisonment for 2 years.
22—Amendment of section 43—Temporary prohibition of certain fishing activities
Section 43—after subsection (1a) insert:
(1b) 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.
23—Amendment of section 50—Offence to release certain fish into natural waters
Section 50—after subsection (2a) insert:
(2b) If
an application for a permit under this section relates to the Adelaide Dolphin
Sanctuary, the Director must, before making his or her decision on the
application, consult with and have regard to the views of the Minister for the
Adelaide Dolphin Sanctuary.
24—Amendment of section 59—Exemptions
Section 59—After subsection (3a) insert:
(3b) If
a proposed exemption, or variation of an exemption or condition of an
exemption, under this section is to apply in respect of the Adelaide Dolphin
Sanctuary, the Minister must, before making his or her decision on whether to
grant or vary an exemption or condition of an exemption, consult with and have
regard to the views of the Minister for the Adelaide Dolphin Sanctuary.
Part 7—Amendment
of Harbors and Navigation Act 1993
25—Amendment of section 3—Objects of this Act
Section 3—after paragraph (f) insert:
(g) insofar
as this Act applies to the Adelaide Dolphin Sanctuary, to further the objects
and objectives of the Adelaide Dolphin Sanctuary Act 2004.
26—Amendment of section 4—Interpretation
Section 4(1)—before the definition of adjacent
land insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
27—Insertion of Part 2 Division 5
Part 2—after Division 4 insert:
Division 5—Miscellaneous
14A—General
duty of Minister, CEO, authorised persons etc
The Minister, the CEO, an authorised
person or any other person engaged in the administration of this Act must, if
or when—
(a) taking
any action under this Act within any part of the Adelaide Dolphin Sanctuary; or
(b) taking
any action under this Act that is likely to have a direct impact on any part of
the Adelaide Dolphin Sanctuary,
take into account, and seek to further, the objects and objectives
of the Adelaide Dolphin Sanctuary Act 2004 (insofar as they may be
relevant).
28—Amendment of section 26—Licences for aquatic activities
Section 26(2b)—strike out subsection (2b)
and substitute:
(2b) If
the licence is to be granted in relation to waters that form part of the
Adelaide Dolphin Sanctuary, the CEO must consult with and have regard to the
views of the Minister to whom the administration of the Adelaide Dolphin
Sanctuary Act 2004 is committed.
(2c) The
regulations may exclude specified categories of licence from the operation of
subsection (2a) or (2b).
Part 8—Amendment
of Historic Shipwrecks Act 1981
29—Amendment of section 3—Interpretation
Section 3(1)—before the definition of the
Commonwealth Act insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
30—Amendment of section 15—Permits for exploration or recovery of shipwrecks and relics
Section 15—after subsection (3b) insert:
(3c) If
an application for a permit relates to an historic shipwreck or historic relic
located within the Adelaide Dolphin Sanctuary, the Minister must, in
considering the application, seek to further the objects and objectives of the Adelaide
Dolphin Sanctuary Act 2004 .
(3d) If
an application for a permit relates to an historic shipwreck or historic relic
located, or an activity to be undertaken, within the Adelaide Dolphin Sanctuary
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 Minister must, before making his or her
decision on the application, consult with and have regard to the views of the
Minister to whom the administration of the Adelaide Dolphin Sanctuary Act
2004 is committed.
Part 9—Amendment
of Mining Act 1971
31—Amendment of section 6—Interpretation
(1) Section 6(1)—before the definition of appropriate
court insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
(2) Section 6(1)—after the definition of mining
tenement insert:
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2004 is committed;
32—Substitution of section 10B
Section 10B—delete the section and
substitute:
10B—Interaction
with other legislation
The Minister must, in acting in the
administration of this Act, take into account—
(a) the
objects of the Natural Resources Management Act 2004; and
(b) insofar
as they may be relevant—the objects and objectives of the Adelaide Dolphin
Sanctuary Act 2004.
33—Amendment of section 28—Grant of exploration licence
Section 28—after subsection (10) insert:
(11) If
an application for an exploration licence relates to an area within or adjacent
to the Adelaide Dolphin Sanctuary, the Minister must, before making his or her
decision on the application, refer the application to the Minister for the
Adelaide Dolphin Sanctuary and consult with that Minister in relation to the
matter.
(12) If an application for an exploration licence
is referred to the Minister for the Adelaide Dolphin Sanctuary under
subsection (11) and the Minister to whom the administration of this Act is
committed and the Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether an exploration licence should be granted; or
(b) if
an exploration licence is granted, on the conditions to which the exploration
licence should be subject,
the Ministers must take steps to refer the matter to the Governor
and the Governor will determine the matter (and any decision taken by the
Governor will be taken to be a decision of the Minister under this Act).
34—Amendment of section 30A—Term and renewal of licence
Section 30A—after subsection (8) insert:
(9) If
an application for the renewal of an exploration licence relates to an area
within or adjacent to the Adelaide Dolphin Sanctuary, the Minister must, before
making his or her decision on the application, consult with and have regard to the
views of the Minister for the Adelaide Dolphin Sanctuary.
35—Amendment of section 35—Application for lease
Section 35—after subsection (2c) insert:
(2d) If
an application for a mining lease relates to an area within or adjacent to the
Adelaide Dolphin Sanctuary, the Minister must, before making his or her
decision on the application, refer the application to the Minister for the
Adelaide Dolphin Sanctuary and consult with that Minister in relation to the
matter.
(2e) If an application for a mining lease is
referred to the Minister for the Adelaide Dolphin Sanctuary under
subsection (2d) and the Minister to whom the administration of this Act is
committed and the Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether a mining lease should be granted; or
(b) if
a mining lease is granted, on the conditions to which the mining lease should
be subject,
the Ministers must take steps to refer the matter to the Governor
and the Governor will determine the matter (and any decision taken by the
Governor will be taken to be a decision of the Minister under this Act).
36—Amendment of section 38—Term and renewal of mining lease
Section 38—after subsection (6) insert:
(7) If
an application for the renewal of a mining lease relates to an area within or
adjacent to the Adelaide Dolphin Sanctuary, the Minister must, before making
his or her decision on the application, consult with and have regard to the
views of the Minister for the Adelaide Dolphin Sanctuary.
37—Amendment of section 41A—Grant of retention lease
Section 41A—after subsection (3c) insert:
(3d) If
an application for a retention lease relates to an area within or adjacent to
the Adelaide Dolphin Sanctuary, the Minister must, before making his or her
decision on the application, refer the application to the Minister for the
Adelaide Dolphin Sanctuary and consult with that Minister in relation to the
matter.
(3e) If an application for a retention lease is
referred to the Minister for the Adelaide Dolphin Sanctuary under subsection
(3d) and the Minister to whom the administration of this Act is committed and
the Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether a retention lease should be granted; or
(b) if
a retention lease is granted, on the conditions to which the retention lease
should be subject,
the Ministers must take steps to refer the matter to the Governor
and the Governor will determine the matter (and any decision taken by the
Governor will be taken to be a decision of the Minister under this Act).
38—Amendment of section 41D—Term and renewal of retention lease
Section 41D—after subsection (6) insert:
(7) If
an application for the renewal of a retention lease relates to an area within
or adjacent to the Adelaide Dolphin Sanctuary, the Minister must, before making
his or her decision on the application, consult with and have regard to the
views of the Minister for the Adelaide Dolphin Sanctuary.
39—Amendment of section 52—Grant of miscellaneous purposes licence
Section 52—after subsection (3c) insert:
(3d) If
an application for a miscellaneous purposes licence relates to an area within
or adjacent to the Adelaide Dolphin Sanctuary, the Minister must, before making
his or her decision on the application, refer the application to the Minister
for the Adelaide Dolphin Sanctuary and consult with that Minister in relation
to the matter.
(3e) If an application for a miscellaneous
purposes lease is referred to the Minister for the Adelaide Dolphin Sanctuary
under subsection (3d) and the Minister to whom the administration of this Act
is committed and the Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether a miscellaneous purposes lease should be granted; or
(b) if
a miscellaneous purposes lease is granted, on the conditions to which the
miscellaneous purposes lease should be subject,
the Ministers must take steps to refer the matter to the Governor
and the Governor will determine the matter (and any decision taken by the
Governor will be taken to be a decision of the Minister under this Act).
40—Amendment of section 55—Term and renewal of miscellaneous purposes licence
Section 55—after subsection (6) insert:
(7) If
an application for the renewal of a miscellaneous purposes licence relates to
an area within or adjacent to the Adelaide Dolphin Sanctuary, the Minister
must, before making his or her decision on the application, consult with and
have regard to the views of the Minister for the Adelaide Dolphin Sanctuary.
41—Amendment of section 59—Use of declared equipment
Section 59—after subsection (1ac) insert:
(1ad) If
an application for an authorisation to use declared equipment relates to an
area within or adjacent to the Adelaide Dolphin Sanctuary, the Director of
Mines must, before making his or her decision on the application, refer the
application to the Minister for the Adelaide Dolphin Sanctuary and consult with
that Minister in relation to the matter.
(1ae) If an application for an authorisation is
referred to the Minister for the Adelaide Dolphin Sanctuary under subsection
(1ad) and the Minister to whom the administration of this Act is committed and
the Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether an authorisation should be granted; or
(b) if
an authorisation is granted, on the conditions to which the authorisation
should be subject,
the Minister to whom the administration of this Act is committed
and the Minister for the Adelaide Dolphin Sanctuary must take steps to refer
the matter to the Governor and the Governor will determine the matter (and any
decision taken by the Governor will be taken to be a decision of the Director
of Mines under this Act).
Part 10—Amendment
of National Parks and Wildlife Act 1972
42—Amendment of section 5—Interpretation
Section 5—before the definition of aircraft
insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
43—Amendment of section 37—Objectives of management
Section 37—after its present contents (now
to be designated as subsection (1)) insert:
(2) The
Minister, the Chief Executive and the Director must, in managing a reserve that
is situated wholly or partly within the Adelaide Dolphin Sanctuary, seek to
further the objects and objectives of the Adelaide Dolphin Sanctuary Act
2004 (insofar as they may be relevant).
44—Amendment of section 51—Taking of protected animals etc
Section 51(1), penalty provision—delete
"$30 000" and substitute:
$100 000
45—Amendment of section 60—Illegal possession of animals etc
Section 60(1), penalty provision—delete
"$30 000" and substitute:
$100 000
46—Amendment of section 68—Molestation etc of protected animals
Section 68(1), penalty provision—delete
"$30 000" and substitute:
$100 000
47—Amendment of section 68A—Hunting permits
Section 68A—after subsection (2) insert:
(3) A
permit under this section cannot authorise hunting within the Adelaide Dolphin
Sanctuary or the possession by any person, while in that Sanctuary, of a
firearm or other device for the purpose of hunting.
48—Amendment of section 69—Permits
Section 69—after subsection (2c) insert:
(2d) If
a permit granted under any provision of this Act relates to an activity that is
to be, or may be, undertaken within the Adelaide Dolphin Sanctuary, the permit
must be consistent with the objects and objectives of the Adelaide Dolphin
Sanctuary Act 2004.
(2e) If
an application for a permit under any provision of this Act relates to an
activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary
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 Minister must, before making a decision
on the application, consult with and have regard to the views of the Minister
to whom the administration of the Adelaide Dolphin Sanctuary Act 2004 is
committed.
Part 11—Amendment
of Native Vegetation Act 1991
49—Amendment of section 3—Interpretation
(1) Section 3(1)—before the definition of biological
diversity insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
(2) Section 3(1)—after the definition of member
insert:
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2004 is committed;
50—Amendment of section 15—Delegation of powers and functions
Section 15—after subsection (8) insert:
(9) Despite
a preceding subsection, the Council may only delegate a power to act in
relation to any matter within the Adelaide Dolphin Sanctuary with the approval
of the Minister for the Adelaide Dolphin Sanctuary.
(1) Section 25—after subsection (3a) insert:
(3b) Where
the guidelines relate to land within the Adelaide Dolphin Sanctuary, the
guidelines must seek to further the objects and objectives of the Adelaide
Dolphin Sanctuary Act 2004 (insofar as they may be relevant).
(2) Section 25(5c)—delete subsection (5c) and
substitute:
(5c) For
the purposes of this section, draft guidelines in relation to the application
of financial and other assistance will only be taken to relate to an NRM
region, pastoral land, the Murray-Darling Basin or the Adelaide Dolphin
Sanctuary if the guidelines explicitly state that they do.
52—Amendment of section 29—Provisions relating to consent
Section 29—after subsection (9a) insert:
(9b) If
an application for the Council’s consent relates to native vegetation within
the Adelaide Dolphin Sanctuary 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 consents), the Council
must, before giving its consent, consult with and have regard to the views of
the Minister for the Adelaide Dolphin Sanctuary.
53—Amendment of Schedule 1—Principles of native vegetation clearance
Schedule 1, clause 1—after paragraph (l)
insert:
(m) the
clearance of vegetation would cause significant harm to the Adelaide Dolphin
Sanctuary.
Part 12—Amendment
of Petroleum Act 2000
54—Amendment of section 4—Interpretation
(1) Section 4(1)—before the definition of administrative
penalty insert:
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide
Dolphin Sanctuary Act 2004;
(2) Section 4(1)—after the definition of mandatory
condition insert:
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2004 is committed;
After section 6 insert:
6A—Special
provision relating to Adelaide Dolphin Sanctuary
The Minister must, in acting in the administration of this Act,
take into account the objects and objectives of the Adelaide Dolphin
Sanctuary Act 2004 (insofar as they may be relevant).
56—Amendment of section 12—General authority to grant licence
Section 12—after its present contents (now
to be designated as subsection (1)) insert:
(2) If
an application for the grant of a licence relates to an area within or adjacent
to the Adelaide Dolphin Sanctuary, the Minister must, before making his or her
decision on the application, refer the application to the Minister for the
Adelaide Dolphin Sanctuary and consult with that Minister in relation to the
matter.
(3) If an application for the grant of a
licence is referred to the Minister for the Adelaide Dolphin Sanctuary under
subsection (2) and the Minister to whom the administration of this Act is
committed and the Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether a licence should be granted; or
(b) if
a licence is granted, on the conditions to which the licence should be subject,
the Ministers must take steps to refer the matter to the Governor
and the Governor will determine the matter (and any decision taken by the
Governor will be taken to be a decision of the Minister under this Act).
(4) If
an application for the renewal of a licence relates to an area within or
adjacent to the Adelaide Dolphin Sanctuary, the Minister must, before making
his or her decision on the application, consult with and have regard to the
views of the Minister for the Adelaide Dolphin Sanctuary.
After section 103A insert:
103B—Adelaide
Dolphin Sanctuary
(1) If
a statement (or revised statement) of environmental objectives applies to any
part of the Adelaide Dolphin Sanctuary, the Minister must not approve the
statement (or revised statement) without the concurrence of the Minister to
whom the administration of the Adelaide Dolphin Sanctuary Act 2004 is
committed.
(2) If the Minister to whom the administration of this Act is committed and the Minister for the Adelaide Dolphin Sanctuary cannot reach agreement in a case where subsection (1) applies, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).