Aquaculture Act 2001 (SA)

South Australia Aquaculture Act 2001 An Act to regulate marine and inland aquaculture; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Ecologically sustainable development 4A Suitable person to be granted licence 5 Crown bound 6 Application of Act 6A Licence or other right is not personal property for the purposes of Commonwealth Act 7 Interaction with other Acts Part 2—Objects of Act 8 Objects of Act Part 3—Efficient administrative practices 9 Efficient administrative practices Part 4—Aquaculture policies Division 1—General 10 Interpretation 11 Nature and content of policies 12 Procedures for making policies 13 Parliamentary scrutiny 14 Certain amendments may be made by Gazette notice only 15 Availability and evidence of policies Division 2—Contravention of mandatory provisions 16 Offence to contravene mandatory provisions of policy Part 5—Requirement for licence 17 Requirement for licence Part 6—Leases Division 1—General 18 Application of Part 19 Requirement for lease 20 Concurrence under Harbors and Navigation Act 21 Leases not permitted in respect of aquaculture exclusion zones 22 General process for grant and renewal of leases and corresponding licences 25 Lease conditions 25A Variation of lease or lease conditions by or with consent of lessee 25B Cancellation of lease 25C Surrender of lease 25D Corresponding licences terminated on termination of lease 26 Classes of leases Division 2—Pilot leases 27 Pilot leases outside aquaculture zones 28 Granting of corresponding licence for pilot lease 29 Term and renewal of pilot leases 30 Pilot leases not transferable 31 Licences may only be held by lessees Division 4—Production leases 34 Granting of production leases limited to aquaculture zones 35 Granting of production leases and corresponding licences in public call areas 36 Granting of production leases and corresponding licences if public call not required 37 Conversion of pilot leases to production leases 38 Term and renewal of production leases 39 Transfer of production leases Division 4A—Research leases 39A Granting of research leases and corresponding licences 39B Term and renewal of research leases 39C Research leases not transferable 39D Licences may only be held by lessees Division 5—Emergency leases 40 Granting of leases and corresponding licences in circumstances of emergency 43 Only holder of leases affected by emergency may hold emergency leases 44 Term and renewal of emergency leases 44A EPA and Minister to be notified of emergency lease Division 6—Occupation of marked-off areas 45 Exclusive occupation of marked-off areas 46 Control of marked-off areas 47 Interference with stock or equipment within marked-off areas 48 Offence to pretend to be authorised person Division 7—Power to require or carry out work 48A Power to require or carry out work Part 7—Licences 49 Applications for licences other than corresponding licences 50 Grant of licences other than corresponding licences 50A Term and renewal of licences other than corresponding licences 51 Licences may be held jointly 52 Licence conditions 53 Annual fees 55 Transfer of licences 56 Surrender of licences 57 Suspension or cancellation of licences 58 Power to require or carry out work Part 7A—Tourism development 58A Preliminary 58B Application of Planning, Development and Infrastructure Act 2016 58C Offence to carry out aquaculture tourism development 58D Aquaculture tourism development authorisation 58E Tourism leases and tourism licences 58F Concurrences and consents 58G Public notice 58H Power to require or carry out work 58I Removal of unauthorised development Part 8—Reference of matters to EPA 59 Reference of matters to EPA Part 9—Reviews 60 Reviews Part 10—Administration Division 1—Minister 60A Guidelines for ATAB assessment of lease and corresponding licence applications 61 Power of delegation 62 Acquisition of land Division 3—Aquaculture Tenure Allocation Board 71 Establishment of Aquaculture Tenure Allocation Board 72 Functions of ATAB 73 Membership of ATAB 74 Terms and conditions of membership 75 Remuneration 76 Conflict of interest under Public Sector (Honesty and Accountability) Act 77 Validity of acts of ATAB 78 Procedures of ATAB Division 4—Fund 79 Aquaculture Fund Division 5—Public register 80 Public register 81 Public register to be available for inspection Division 6—Fisheries officers and their powers 82 Fisheries officers and their powers Part 10A—Compliance with general environmental duty and environment protection policies 82A Administration of general environmental duty and environment protection policies by Minister and fisheries officers Part 11—Miscellaneous 82B Death, bankruptcy etc of lessee or licensee 83 Annual reports 85 False or misleading information 86 Service of documents 87 Continuing offence 88 Liability of directors 89 General defence 89A Confidentiality 90 Evidentiary 91 Regulations Legislative history