MARINE PARKS BILL 2007

South Australian Bills

This is a Bill, not an Act. For current law, see the Acts databases.

MARINE PARKS BILL 2007

South Australia

Marine Parks Bill 2007

A BILL FOR

An Act to provide for a system of marine parks for the State; to make consequential amendments to certain other Acts; and for other purposes.

Contents

Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Meaning of zone
5 Meaning of special purpose area
6 Interaction with other Acts
7 Act binds Crown

Part 2—Objects of Act
8 Objects
9 Administration of Act to achieve objects

Part 3—Marine Parks

Division 1—Establishment of marine parks
10 Establishment of marine parks

Division 2—Management of marine parks
11 Interpretation
12 Management of marine parks
13 General nature and content of management plans
14 Procedure for making or amending management plans
15 Availability and evidence of management plans

Division 3—Regulation of activities within marine parks
16 Zones
17 Temporary prohibition or restriction of activities

Division 4—Permits
18 Permits for activities
19 Contravention of condition of permit

Division 5—Affected statutory authorisations
20 Affected statutory authorisations

Part 4—Administration

Division 1—Minister
21 Functions and powers of Minister
22 Delegation

Division 2—Authorised officers
23 Appointment of authorised officers
24 Identification of authorised officers
25 Powers of authorised officers
26 Hindering etc persons engaged in administration of Act
27 Protection from self-incrimination

Part 5—General duty of care
28 General duty of care

Part 6—Protection and other orders

Division 1—Orders
29 Protection orders
30 Action on non-compliance with protection order
31 Reparation orders
32 Action on non-compliance with a reparation order
33 Reparation authorisations
34 Related matters

Division 2—Registration of orders and effect of charges
35 Registration
36 Effect of charge

Part 7—Appeals to ERD Court
37 Appeals to ERD Court

Part 8—Civil remedies
38 Civil remedies

Part 9—Provisions relating to official insignia
39 Interpretation
40 Declaration of logo
41 Protection of official insignia
42 Seizure and forfeiture of goods

Part 10—Miscellaneous
43 Native title
44 Immunity from personal liability
45 False or misleading information
46 Continuing offence
47 Offences by bodies corporate
48 Additional orders on conviction
49 General defence
50 Criminal jurisdiction of ERD Court
51 Confidentiality
52 Service
53 Evidentiary provisions
54 Regulations

Schedule 1—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 10A—Special provision relating to constitution of Development Assessment Commission
10 Amendment of section 22—The Planning Strategy
11 Amendment of section 24—Council or Minister may amend a Development Plan
12 Amendment of section 34—Determination of relevant authority
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 Substitution of sections 10A and 10B
10A Matters to be taken into account in relation to specially protected areas

Part 6—Amendment of Fisheries Management Act 2007
18 Amendment of section 3—Interpretation
19 Amendment of section 7—Objects of Act
20 Amendment of section 54—Applications for licences, permits or registrations
21 Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited
22 Amendment of section 79—Temporary prohibition of certain fishing activities etc
23 Amendment of section 115—Exemptions

Part 7—Amendment of Harbors and Navigation Act 1993
24 Amendment of section 3—Objects of this Act
25 Amendment of section 4—Interpretation
26 Substitution of section 14A
14A Matters to be taken into account in relation to specially protected areas
27 Amendment of section 26—Licences for aquatic activities

Part 8—Amendment of Historic Shipwrecks Act 1981
28 Amendment of section 3—Interpretation
29 Amendment of section 15—Permits for exploration or recovery of shipwrecks and relics

Part 9—Amendment of Mining Act 1971
30 Amendment of section 6—Interpretation
31 Substitution of section 10B
10B Interaction with other legislation
32 Amendment of section 28—Grant of exploration licence
33 Amendment of section 30A—Term and renewal of licence
34 Amendment of section 35—Application for lease
35 Amendment of section 38—Term and renewal of mining lease
36 Amendment of section 41A—Grant of retention lease
37 Amendment of section 41D—Term and renewal of retention lease
38 Amendment of section 52—Grant of miscellaneous purposes licence
39 Amendment of section 55—Term and renewal of miscellaneous purposes licence
40 Amendment of section 59—Use of declared equipment

Part 10—Amendment of Natural Resources Management Act 2004
41 Amendment of section 75—Regional NRM plans
42 Amendment of section 89—Amendment of plans without formal procedures

Part 11—Amendment of Offshore Minerals Act 2000
43 Insertion of Chapter 1 Part 1.5

Part 1.5—Interaction with Marine Parks Act 2007
37A Interaction with Marine Parks Act 2007

Part 12—Amendment of Petroleum Act 2000
44 Amendment of section 4—Interpretation
45 Substitution of section 6A
6A Interaction with other legislation
46 Amendment of section 12—General authority to grant licence
47 Substitution of sections 103A and 103B
103A Specially protected areas

Part 13—Amendment of Petroleum (Submerged Lands) Act 1982
48 Insertion of section 5A
5A Interaction with Marine Parks Act 2007

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Marine Parks Act 2007.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

(1) In this Act—

activity includes the storage or possession of anything (including something in liquid or gaseous form);

associate—see subsection (2);

authorised officer means a person appointed under Part 4 Division 2;

business includes a business not carried on for profit or gain;

business day means any day except a Saturday or a Sunday or other public holiday;

coastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

condition includes a limitation;

contravene includes fail to comply with;

council means a council within the meaning of the Local Government Act 1999;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

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 Part 5;

harm—see subsection (4);

indigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth;

land includes air above land;

management plan means a management plan under Part 3 Division 2;

marine park means an area established as a marine park under Part 3 Division 1;

permit means a permit under Part 3 Division 4;

place includes any land, water, premises or structure;

prohibiting or restricting an activity—see subsection (5);

protection order means a protection order under Part 6 Division 1;

public authority includes a Minister, statutory authority or council;

related operational Act means an Act declared by the regulations to be a related operational Act;

reparation order means a reparation order under Part 6 Division 1;

restrict includes regulate;

sea includes land beneath sea and air above sea;

special purpose area—see section 5;

spouse a person is the spouse of another if they are legally married;

statutory authorisation means an approval, consent, licence, permit or other authorisation or entitlement granted, arising or required under an Act;

statutory instrument means—

(a) a plan, program or policy; or

(b) any other instrument of a prescribed kind,

made under an Act;

taking action to make good harm—see subsection (6);

vehicle includes aircraft;

vessel means—

(a) a ship, boat or vessel; or

(b) an air-cushion vehicle, or other similar craft, used on water; or

(c) a surf board, wind surf board, motorised jet ski, water skis or other similar device on which a person rides through water; or

(d) a structure that is designed to float in water;

waters includes land beneath waters and air above waters;

zone—see section 4.

(2) For the purposes of this Act, a person is an associate of another if—

(a) they are partners; or

(b) 1 is a spouse, domestic partner, parent or child of another; or

(c) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

(d) 1 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) 1 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 1 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) For the purposes of this Act—

(a) harm includes—

(i) a risk of harm, and future harm; and

(ii) anything declared by regulation to be harm to a marine park; and

(b) harm need not be permanent but must be more than transient or tenuous in nature.

(5) For the purposes of this Act, a reference to prohibiting or restricting an activity within a marine park, or a zone or other area of a marine park, includes a reference to prohibiting or restricting access (including access by aircraft) to the marine park or zone or area.

(6) For the purposes of this Act, taking action to make good harm to a marine park includes taking the following action:

(a) minimising, managing or containing the harm;

(b) remedying the harm;

(d) compensating for any loss or adverse impacts arising from the harm.

(7) For the purposes of this Act, the Minister may, in assessing the costs of taking action to make good harm to a marine park, apply any assumptions determined by the Minister to be reasonable in the circumstances.

4—Meaning of zone

(1) For the purposes of this Act, a zone is an area within a marine park that—

(a) has boundaries defined by the management plan for the marine park; and

(b) is identified by the management plan as a particular type of zone depending on the degree of protection required within the area.

(2) It is intended that the regulations will—

(a) make provision for the following types of zones:

(i) general managed use zones;

(ii) habitat protection zones;

(iii) sanctuary zones;

(iv) restricted access zones; and

(b) apply various prohibitions or restrictions to the different types of zones for the purpose of protecting and conserving marine biological diversity, marine habitats or features of natural or cultural heritage significance.

5—Meaning of special purpose area

For the purposes of this Act, a special purpose area is an area within a marine park, identified as a special purpose area and with boundaries defined by the management plan for the marine park, in which specified activities, that would otherwise be prohibited or restricted as a consequence of the zoning of the area, will be permitted under the terms of the management plan.

6—Interaction with other Acts

(1) Subject to subsection (2), this Act is in addition to the provisions of any other Act.

(2) The prohibitions or restrictions applying within a marine park under this Act will, to the extent prescribed by the regulations, have effect despite the provisions of any other Act.

7—Act binds Crown

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.

Part 2—Objects of Act

8—Objects

(1) The objects of this Act are—

(a) to protect and conserve marine biological diversity and marine habitats by declaring and providing for the management of a comprehensive, adequate and representative system of marine parks; and

(b) to assist in—

(i) the maintenance of ecological processes in the marine environment; and

(ii) the adaptation to the impacts of climate change in the marine environment; and

(i) to protect and conserve features of natural or cultural heritage significance; and

(ii) to allow ecologically sustainable development and use of marine environments; and

(iii) to provide opportunities for public appreciation, education, understanding and enjoyment of marine environments.

(2) For the purposes of this Act, ecologically sustainable development comprises the use, protection, conservation, development and enhancement of the marine environment 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—

(a) sustaining the potential of the marine environment to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacities and processes of the marine environment; and

(3) The following principles should be taken into account in connection with achieving ecologically sustainable development for the purposes of this Act:

(a) decision-making processes should effectively integrate both long term and short term economic, environmental, social and equity considerations;

(b) if there are threats of serious or irreversible harm to the marine environment, lack of full scientific certainty should not be used as a reason for postponing measures to prevent harm;

(c) decision-making processes should be guided by the need to evaluate carefully the risks of any situation or proposal that may adversely affect the marine environment and to avoid, wherever practicable, causing any serious or irreversible damage to the marine environment;

(d) the present generation should ensure that the health, diversity and productivity of the marine environment is maintained or enhanced for the benefit of future generations;

(e) a fundamental consideration should be the conservation of biological diversity and ecological integrity;

(f) environmental factors should be taken into account when valuing or assessing assets or services, costs associated with protecting or restoring the marine environment should be allocated or shared equitably and in a manner that encourages the responsible use of the marine environment, and people who obtain benefits from the marine environment, or who adversely affect or consume natural resources, should bear an appropriate share of the costs that flow from their activities;

(g) if the management of the marine environment requires the taking of remedial action, the first step should, insofar as is reasonably practicable and appropriate, be to encourage those responsible to take such action before resorting to more formal processes and procedures;

(h) consideration should be given to Aboriginal heritage, and to the interests of the traditional owners of any land or other natural resources;

(i) consideration should be given to other heritage issues, and to the interests of the community in relation to conserving heritage items and places;

(j) the involvement of the public in providing information and contributing to processes that improve decision-making should be encouraged;

(k) the responsibility to achieve ecologically sustainable development should be seen as a shared responsibility between the State government, the local government sector, the private sector, and the community more generally.

9—Administration of Act to achieve objects

The Minister, 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 of this Act.

Part 3—Marine Parks

Division 1—Establishment of marine parks

10—Establishment of marine parks

(1) The Governor may, by proclamation—

(a) establish a specified area as a marine park; and

(b) assign a name to the marine park so established.

(2) The area to be specified by proclamation as a marine park is to consist of a part of the sea that is within the limits of the State or the coastal waters of the State, and may include land or waters held by, or on behalf of, the Crown within or adjacent to the specified part of the sea.

(3) A proclamation under this section—

(a) must define the boundaries of the marine park; and

(b) may, on the recommendation of the Minister, contain provisions (interim protection orders) that prohibit or restrict activities within the marine park with a view to ensuring that areas in a marine park are not adversely affected prior to the adoption by the Minister of a management plan for the marine park.

(4) The Minister must take into account the following matters before making a recommendation under subsection (3)(b)—

(a) any management arrangements that are already applying in relation to the area; and

(b) any development authorisations that have been given under the Development Act 1993 in relation to the area,

and may take into account such other matters as the Minister thinks fit.

(5) A person must not contravene an interim protection order contained in a proclamation under this section.

Maximum penalty: $100 000 or imprisonment for 2 years.

(6) The Minister must, after the Governor has established a marine park under this section, in the manner prescribed by the regulations, give public notice of the making of the relevant proclamation and, in so doing—

(a) specify a place or places where copies of the proclamation may be inspected or purchased; and

(b) invite submissions from interested persons within a period (of at least 6 weeks) specified by the Minister on the boundaries of the marine park.

(7) The Minister must consider any submissions received under subsection (6)(b) and may, after taking into account any matters or advice determined by the Minister to be relevant in the circumstances, recommend to the Governor that the boundaries of the marine park be altered.

(8) The Governor may, by subsequent proclamation (whether or not a process under subsection (6) or (7) has been completed)—

(a) abolish a marine park established under this section; or

(b) alter the boundaries of a marine park established under this section; or

(d) on the recommendation of the Minister, vary or revoke an interim protection order contained in a proclamation under this section.

(9) Subject to subsection (11), a proclamation must not be made under subsection (8)(a) or (b), by virtue of which an area ceases to be, or ceases to be included in, a marine park, except in accordance with a resolution passed by both Houses of Parliament.

(10) Notice of a motion for a resolution under subsection (9) must be given at least 14 sitting days before the motion is passed.

(11) Subsection (9) does not apply to a proclamation made on the recommendation of the Minister under subsection (7) within 6 months of the publication of a notice under subsection (6).

Division 2—Management of marine parks

11—Interpretation

In this Division—

(a) a reference to a draft management plan includes a reference to a draft amendment to, or a draft revocation of, a management plan previously made under this Part; and

(b) a reference to a management plan includes a reference to an amendment to, or a revocation of, a management plan previously made under this Part.

12—Management of marine parks

The Minister must manage a marine park in accordance with a management plan for the park.

13—General nature and content of management plans

(1) A management plan for a marine park—

(a) must be consistent with the objects of this Act and set out strategies for achieving those objects in relation to the park; and

(b) must identify the various types of zones within the park and define their boundaries; and

(c) may identify and define the boundaries of special purpose areas within the park and set out the activities that will be permitted in the areas; and

(d) may direct the management of day-to-day issues associated with any aspect of the park, or the use or protection of the park (including scientific monitoring or research); and

(e) may provide guidelines with respect to the granting of permits for various activities that might be allowed within the park.

(2) A management plan must take into account—

(a) the provisions of a document identified by the Minister, by notice in the Gazette, as the State's general strategic plan; and

(b) the provisions of the Planning Strategy and any relevant Development Plan under the Development Act 1993; and

(c) the provisions of the State NRM Plan and any relevant regional NRM plan under the Natural Resources Management Act 2004; and

(d) the provisions of an any relevant environment protection policy under the Environment Protection Act 1993; and

(e) the provisions of any indigenous land use agreement; and

(f) the provisions of any statutory instrument under a related operational Act (insofar as is relevant to the operation of this Act and reasonably practicable).

14—Procedure for making or amending management plans

(1) The Minister must, as soon as practicable after the establishment of a marine park, commence the process for the making of a management plan in relation to the park (with the view of completing the management plan within 3 years of the date of the relevant proclamation).

(2) The Minister must review a management plan at least once in every 10 years.

(3) The Minister may propose the amendment of a management plan at any time.

(4) The Minister must, in relation to a proposal to make or amend a management plan—

(a) by notice published in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, give notice of the intention to make or amend a management plan; and

(b) prepare a draft of the management plan or amendment; and

(i) all relevant Ministers; and

(ii) a representative of all signatories to any indigenous land use agreement that is in force in relation to any of the area comprising the marine park; and

(iii) a representative of any native title claimants that have a registered native title determination in relation to any of the area comprising the marine park,

in relation to the draft; and

(d) publish the draft management plan on a website determined by the Minister (so as to be accessible and capable of being printed without a charge imposed by the Minister), and make copies of the plan available for inspection (without charge) or purchase at a place or places determined by the Minister; and

(e) by notice published in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, give notice of the place or places at which copies of the draft plan are available for inspection (without charge) or purchase and specify an address to which interested persons may send written representations in relation to the draft within the period specified in the notice (being not less than 6 weeks from the date of publication of the notice).

(5) The Minister may, in relation to the preparation of a draft to make or amend a management plan, seek the views of any person as he or she sees fit.

(6) If the Minister is of the opinion that a draft amendment of a management plan is not substantive in nature, the Minister may dispense with the requirements of subsection (4)(e).

(7) At the end of the period referred to in the notice under subsection (4)(e) and, in any event, before adopting a draft management plan, the Minister—

(a) must consider any views expressed by relevant Ministers and representatives of signatories to any indigenous land use agreements and representatives of any native title claimants and any representations made by members of the public in response to the notice; and

(b) may make such alterations to the draft as the Minister thinks necessary or desirable.

(8) On adopting a draft management plan, the Minister may refer the plan to the Governor and the Governor may, by notice in the Gazette—

(a) declare the draft to be an authorised management plan; and

(b) fix a day on which the plan will come into operation.

(9) The Minister must, within 12 sitting days after a management plan is declared to be an authorised management plan, cause copies of the plan to be laid before both Houses of Parliament.

(10) A failure of the Minister to comply with a requirement of this section does not affect the validity of a management plan.

(11) In this section—

relevant Minister means a Minister responsible for the administration of a related operational Act.

15—Availability and evidence of management plans

(1) Copies of each management plan and of any other document referred to in a management plan must be kept available for inspection (without charge) by the public during ordinary office hours at a place or places determined by the Minister.

(2) Each management plan must also be published on a website determined by the Minister.

(3) In legal proceedings, evidence of the contents of a management plan or of a document referred to in a management plan may be given by production of a document certified by the Minister as a true copy of the plan or other document.

(4) An apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.

Division 3—Regulation of activities within marine parks

16—Zones

Subject to this Act, a person must not contravene a provision of the regulations prohibiting or restricting activities within a zone of a marine park.

Maximum penalty: $100 000 or imprisonment for 2 years.

17—Temporary prohibition or restriction of activities

(1) The Minister may, by notice published in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, prohibit or restrict specified activities within a marine park, or a zone or other area of a marine park, for a maximum period of 90 days.

(2) The Minister may prohibit or restrict specified activities under subsection (1) if, in the Minister's opinion, such a prohibition or restriction is necessary in circumstances of urgency—

(a) to protect a species of plant or animal; or

(b) to protect a feature of natural or cultural heritage significance; or

(3) The Minister may, by notice published in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, amend, extend or revoke a prohibition or restriction under subsection (1).

(4) The maximum period for which a prohibition or restriction may operate under this section is 180 days.

(5) A person must not contravene a prohibition or restriction under this section.

Maximum penalty: $100 000 or imprisonment for 2 years.

Division 4—Permits

18—Permits for activities

(1) The Minister may grant a permit to a person to engage in an activity within a marine park, or a zone or other area of a marine park, that would otherwise be prohibited or restricted under Division 3.

(2) The regulations may limit the activities for which a permit may be granted under this section.

(3) An applicant for a permit under this section must make the application in a manner and form determined by the Minister.

(4) The Minister must refuse to grant a permit if the granting of the permit is precluded by the regulations, and may refuse to grant a permit if, in the Minister's opinion, the application should be refused—

(a) because the applicant is not a fit and proper person to hold the permit; or

(b) because to grant the permit would be prejudicial to the interests of conservation; or

(c) for any other sufficient reason, having regard to any applicable guidelines in the management plan for the marine park or the objects of this Act.

(5) A permit—

(a) must specify the purpose or purposes for which it is issued; and

(b) is subject to such conditions as the Minister thinks fit; and

(c) may, if the holder of the permit has, in the opinion of the Minister, contravened this Act, be revoked by the Minister by notice in writing given to the person; and

(d) may be revoked by the Minister by instrument in writing given to the holder of the permit if, in the opinion of the Minister, it is in the interests of conservation to do so.

(6) A condition of a permit may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.

(7) A permit—

(a) comes into operation on the day fixed in the permit for its commencement or if no such day is fixed, on the day on which it is granted; and

(b) expires on the day fixed in the permit for its expiry or, if no such day is fixed, on the expiration of 12 months from the day on which it came into operation.

(8) The conditions of a permit may be varied—

(a) if a permit is issued for a period of more than 12 months, on the expiration of 12 months from the day on which it came into operation; or

(b) at the discretion of the Minister if—

(i) the holder of the permit contravenes this Act; or

(ii) in the opinion of the Minister, there is significant risk of harm to a marine park occurring; or

(iii) a management plan for a marine park is amended resulting in an alteration of the zones, or the boundaries of the zones, of the marine park; or

(i) with the consent of the applicant; or

(ii) as provided for by the regulations or a condition of the permit.

19—Contravention of condition of permit

If the holder of a permit, or a person acting in the employment or with the authority of the holder of a permit, contravenes a condition of the permit, the holder of the permit is guilty of an offence.

Maximum penalty: $100 000 or imprisonment for 2 years.

Division 5—Affected statutory authorisations

20—Affected statutory authorisations

(1) If the rights conferred by a statutory authorisation under another Act are affected by the creation of a zone or the imposition of a temporary prohibition or restriction of activities within a marine park, the Minister may, if the Minister considers it appropriate to do so, acquire the statutory authorisation or pay compensation to the holder of the authorisation (or both) in accordance with the regulations.

(2) The regulations may, for the purposes of this section—

(a) provide for a scheme of acquisition by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose statutory authorisations are compulsorily acquired;

(b) prescribe the method of calculation of amounts payable for the acquisition of statutory authorisations or as compensation for their compulsory acquisition;

(c) prescribe the method of calculation of amounts payable as compensation to persons whose rights under a statutory authorisation are affected by a temporary prohibition or restriction of activities within a marine park;

(d) provide for a process of objection and appeal in relation to the payment of compensation under the regulations.

(3) This section, and regulations made for the purposes of this section, will have effect in relation to a statutory authorisation under another Act, despite the provisions of the other Act.

Part 4—Administration

Division 1—Minister

21—Functions and powers of Minister

(1) The Minister has the following functions under this Act:

(a) to examine and keep under review the need for areas to be constituted as marine parks;

(b) to seek and assess community nominations for marine parks after taking into account any principles or processes prescribed by the regulations;

(d) to ensure necessary protections are in place through the prohibition or restriction of activities within marine parks under this Act;

(e) to issue permits for activities that may be allowed within marine parks under this Act;

(f) to consult with relevant persons, bodies or authorities, including indigenous peoples with an association with a marine park, about the measures that should be taken to further the objects of this Act;

(g) 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 a marine park;

(h) to institute, supervise or promote programs to protect, maintain or improve marine parks;

(i) to conduct or promote public education in relation to the protection, improvement or enhancement of marine parks;

(j) to keep the state of marine parks under review;

(k) to enforce the general duty of care;

(l) such other functions as are assigned to the Minister by or under this or any other Act.

(2) 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

(3) Without limiting subsection (2), the Minister may, subject to and in accordance with, the Land Acquisition Act 1969, acquire land for the purposes of this Act.

22—Delegation

(1) The Minister may delegate to a person or body (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

(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

23—Appointment of authorised officers

(1) The following persons are authorised officers under this Act:

(a) fisheries officers under the Fisheries Management Act 2007;

(b) wardens under the National Parks and Wildlife Act 1972;

(d) persons of a class prescribed by regulation or persons appointed by the Minister.

(2) The Minister may, at any time—

(a) revoke the appointment of an authorised officer appointed by the Minister; or

(b) limit the powers of an authorised officer appointed by the Minister.

(3) The Minister may, by notice in the Gazette, limit the powers of a class of persons constituted as authorised officers.

24—Identification of authorised officers

(1) A person appointed by the Minister as an authorised officer under this Act 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 under this Act; and

(2) If the powers of an authorised officer appointed by the Minister have been limited, the identity card issued to the authorised officer must contain a statement of those limitations.

(3) An authorised officer (other than a police officer in uniform) must, at the request of another person in relation to whom the authorised officer intends to exercise powers under this Part, produce for the other person's inspection—

(a) if the officer was appointed by the Minister—the identity card issued to the officer under this section; or

(b) if the officer is an authorised officer because the person holds an office under another Act—the identity card issued to the officer under that Act.

(4) 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 immediately return the identity card to the Minister.

Maximum penalty: $250.

25—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; or

(b) inspect any place, works, plant or equipment; or

(c) enter and inspect any vessel or vehicle, and for that purpose require a vessel or vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer; or

(d) give directions with respect to the stopping or movement of a vessel, vehicle, plant, equipment or other thing; or

(e) require a person apparently in charge of a vessel or vehicle to facilitate entry and inspection of the vessel or vehicle; or

(f) seize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; or

(g) place any buoys, markers or other items or equipment in order to assist in environmental testing or monitoring; or

(h) 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; or

(i) 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; or

(j) with the authority of a warrant issued by a magistrate, require a 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; or

(k) examine, copy or take extracts from a document or information so produced or require a person to provide a copy of such a document or information; or

(l) take photographs, films, audio, video or other recordings; or

(m) examine or test a vessel, 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; or

(n) require a person holding a statutory authorisation or required to hold a statutory authorisation to produce the statutory authorisation for inspection; or

(o) 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; or

(p) exercise other prescribed powers.

(2) An authorised officer must not exercise a power conferred by subsection (1) in respect of a place of residence except on the authority of a warrant issued by a magistrate (but such a power may be exercised in respect of a vessel or vehicle).

(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 a place, vessel or vehicle.

(5) A magistrate must not issue a warrant under subsection (2) or subsection (4) in relation to a place, vessel or vehicle 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 the place, vessel or vehicle; or

(b) that something may be found in or on the place, vessel or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or

(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.

26—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: $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 25(1)(g) is guilty of an offence.

Maximum penalty: $10 000.

27—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.

Part 5—General duty of care

28—General duty of care

(1) A person must take all reasonable measures to prevent or minimise harm to a marine park through his or her actions or activities.

(2) In determining what measures are required to be taken, regard must be had, amongst other things, to—

(a) the nature of the harm; and

(b) the sensitivity of the environment that may be affected and the potential impact of the harm; and

(c) the practicality and financial implications of any alternative action, and the current state of technical and scientific knowledge; and

(d) any degrees of risk that may be involved; and

(e) the significance of the marine park to the State and to the environment and economy of the State; and

(f) the extent to which an act or activity may have a cumulative effect on a marine park; and

(g) if a statutory authorisation has been granted in respect of the action or activity, any assessment made in connection with the granting of the authorisation of potential harm to the marine park as a result of the action or activity and the extent to which any such harm was intended to be prevented or minimised through the attachment of conditions to the authorisation.

(3) A person will be taken not to be in contravention of subsection (1) if the person is acting in circumstances prescribed by the regulations.

(4) A person who contravenes subsection (1) is not, on account of the contravention 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 contravention.

Part 6—Protection and other orders

Division 1—Orders

29—Protection orders

(1) The Minister may issue a protection order under this Division for the purpose of securing compliance with this Act.

(2) A protection order—

(a) must be in the form of a written notice served on the person to whom the notice is issued; and

(b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

(d) may impose any requirement reasonably required for the purpose for which the order is issued including 1 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; and

(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 a marine park, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the marine park.

(4) An emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised immediately 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: $10 000.

(9) A person must not hinder or obstruct a person complying with a protection order.

Maximum penalty: $10 000.

30—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, vessel or vehicle at any reasonable time.

(4) The reasonable costs 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.

31—Reparation orders

(1) If the Minister is satisfied that a person has caused harm to a marine park by contravention of this Act, the Minister may issue a reparation order requiring the person—

(a) to take specified action within a specified period to make good any resulting harm to the marine park; or

(b) to make a payment or payments into an approved account for the reasonable costs incurred, or to be incurred, in taking action to make good any resulting harm to the marine park,

or both.

(2) A reparation order—

(a) must be in the form of a written notice served on the person to whom it is issued; and

(b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

(d) may include requirements for action to be taken to prevent or mitigate further harm to the marine park, or for a plan of action to be prepared to the satisfaction of the Minister; and

(e) may include requirements for specified tests or monitoring; and

(f) may include requirements for furnishing to the Minister specified results or reports; and

(g) may include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and

(h) in the case of an order requiring payment into an approved account, may provide that payments must occur in accordance with a scheme specified by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined); and

(i) must state that the person may, within 14 days, appeal to the ERD Court against the order.

(3) 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 immediately of the person's right to appeal to the ERD Court against the order.

(5) If an emergency reparation order is issued orally, the 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: $10 000.

32—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, vessel or vehicle at any reasonable time.

(4) The reasonable costs incurred by the Minister in taking action under this section to make good harm to the marine park 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—

(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.

33—Reparation authorisations

(1) If the Minister is satisfied that a person has caused harm to a marine park by a contravention of this Act, 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 harm to the marine park.

(2) A reparation authorisation—

(a) must be in the form of a written notice; and

(b) must specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person); and

(d) may include authorisation for action to be taken to prevent or mitigate further harm to the marine park.

(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, vessel or vehicle at any reasonable time.

(7) The reasonable costs incurred by the Minister in taking action under a reparation authorisation to make good harm to the marine park 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—

(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.

34—Related matters

(1) The Minister should, so far as is reasonably practicable, consult with any public authority that may also have power to act with respect to the particular matter before the Minister issues an order or 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

in respect of a requirement imposed under this Division, or on account of an act or omission done or made in the exercise (or purported exercise) of a power under this Division.

Division 2—Registration of orders and effect of charges

35—Registration

(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.

36—Effect of charge

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.

Part 7—Appeals to ERD Court

37—Appeals to ERD Court

(1) The following appeals may be made to the ERD Court:

(a) a person who is refused a permit may appeal to the Court against the decision of the Minister to refuse the permit;

(b) a person who has been granted a permit may appeal to the Court against a decision of the Minister revoking the permit or imposing or varying a condition of the permit;

(c) a person to whom a protection order or reparation order has been issued may appeal to the ERD Court against the order or a 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 by a person against a decision referred to in subsection (1)(a) or (b) must be made within 21 days after the person receives notice in writing of the decision.

(4) Subject to this section, an appeal by a person against an order or a variation of an order referred to in subsection (1)(c) must be made within 21 days after the person receives notice in writing of the order or variation.

(5) 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 this section.

(6) 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).

(7) Subject to subsection (8), the institution of an appeal does not affect the operation of the decision or order to which the appeal relates.

(8) 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 a decision or order if the Court is satisfied that it is appropriate to do so having regard to—

(a) the possible consequences to the marine park 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.

(9) An order under subsection (8)—

(a) may be varied or revoked by the Court by further order; and

(b) is subject to such conditions as are specified in the order; and

(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.

(10) The Court must not make an order under subsection (8) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.

(11) The Court may, on hearing an appeal under this section—

(a) confirm, vary or revoke the decision or 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 8—Civil remedies

38—Civil remedies

(1) Applications may be made to the ERD Court for 1 or more of the following orders:

(a) if a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act—an order restraining the person from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person to take specified action;

(b) if a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take action required by this Act—an order requiring the person to take that action;

(c) if a person has caused harm to a marine park by a contravention of this Act—an order requiring the person to take specified action to make good any resulting harm to the marine park and, if appropriate, to take specified action to prevent or mitigate further harm;

(d) if the Minister has incurred costs in taking action to prevent or make good harm to a marine park caused by a contravention of this Act—an order against the person who committed the contravention for payment of the reasonable costs and expenses incurred in taking that action;

(e) if the Court considers it appropriate to do so, an order against a person who has contravened this Act for payment (for the credit of the Consolidated Account) of an amount in the nature of exemplary damages determined by the Court;

(f) if the Court considers it appropriate to do so, an order against a person who has contravened this Act to take specified action to publicise—

(i) the contravention of this Act; and

(ii) the harm flowing from the contravention; and

(iii) the other requirements of the order made against the person.

(2) The power of the Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised—

(a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

(b) if it appears to the Court that, in the event that an order is not made, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial harm if the first-mentioned person engages in conduct of that kind.

(3) The power of the Court to make an order requiring a person to take specified action may be exercised—

(a) if the Court is satisfied that the person has refused or failed to take that action—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to take that action; or

(b) if it appears to the Court that, in the event that an order is not made, it is likely that the person will refuse or fail to take that action—whether or not the person has previously refused or failed to take that action and whether or not there is an imminent danger of substantial harm if the first-mentioned person refuses or fails to take that action.

(4) In assessing an amount to be ordered in the nature of exemplary damages, the Court must have regard to—

(a) any harm to a marine park or detriment to the public interest resulting from the contravention; and

(b) any financial saving or other benefit that the respondent stood to gain by committing the contravention; and

(5) The power to order payment of an amount in the nature of exemplary damages may only be exercised by a Judge of the Court.

(6) An application under this section may be made—

(a) by the Minister; or

(b) by an authorised officer; or

(d) by any other person with the leave of the Court.

(7) Before the Court may grant leave for the purposes of subsection (6)(d), the Court must be satisfied that—

(a) the proceedings on the application would not be an abuse of the process of the Court; and

(b) there is a real or significant likelihood that the requirements for the making of an order under subsection (1) on the application would be satisfied; and

(8) An application under this section may be made in a representative capacity (but, if so, the consent of all persons on whose behalf the application is made must be obtained).

(9) An application may be made without notice to the other party and, if the Court is satisfied on the application that the respondent has a case to answer, it may grant leave to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.

(10) An application under this section must, in the first instance, be referred 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 the application).

(11) If, on an application under this section or before the determination of the proceedings commenced by the application, the Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.

(12) An interim order—

(a) may be made on an application made without notice to the other party; and

(b) may be made whether or not the proceedings have been referred to a conference; and

(d) will not operate after the proceedings in which it is made are finally determined.

(13) The Court may order an applicant in proceedings under this section—

(a) to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; and

(b) to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (14).

(14) If, on an application under this section alleging a contravention of this Act, the Court is satisfied—

(a) that the respondent has not contravened this Act; and

(b) that the respondent has suffered loss or damage as a result of the actions of the applicant; and

the Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage suffered by the respondent.

(15) The Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section.

(16) Proceedings under this section based on a contravention of this Act may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney-General, at a later time.

(17) An apparently genuine document purporting to be under the hand of the Attorney-General and to authorise the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.

(18) The Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.

(19) Without limiting the generality of subsection (18), in determining whether to make any order in relation to costs the Court may have regard to the following matters (so far as they are relevant):

(a) whether the applicant is pursuing a personal interest only in bringing the proceedings or is furthering a wider group interest or the public interest;

(b) whether or not the proceedings raise significant issues relating to the administration of this Act.

Part 9—Provisions relating to official insignia

39—Interpretation

(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 of a marine park proclaimed under this Act, whether appearing or used in full or in an abbreviated form; or

(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

(d) anything that is attached to the goods or around which the goods are wrapped or wound.

40—Declaration of logo

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).

41—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: $10 000.

(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: $10 000.

(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 contravention 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.

42—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 41(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 41(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.

Part 10—Miscellaneous

43—Native title

Any prohibitions or restrictions (including the general duty of care) applying within a marine park under this Act have effect subject to native title and native title rights and interests.

44—Immunity from personal liability

(1) No personal liability attaches to an authorised officer or any other person engaged in the administration of this Act for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power or function under this Act.

(2) A liability that would, but for subsection (1), lie against a person lies instead against the Crown.

45—False or misleading information

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.

Maximum penalty:

(a) if the person made the statement knowing that it was false or misleading—$20 000 or imprisonment for 2 years;

(b) in any other case—$10 000.

46—Continuing offence

(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.

47—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.

48—Additional orders on conviction

If a person is convicted of an offence against this Act, the court by which the conviction is recorded may, in addition to any penalty that it may impose, make 1 or more of the following orders:

(a) an order requiring the person to take any specified action (including an order to take action to make good harm to a marine park or to rectify any other consequences of a contravention of this Act, or to ensure that a further contravention does not occur);

(b) an order that the person pay to the Crown an amount determined by the court to be equal to the costs of taking action to make good harm to a marine park or rectifying any other consequences of a contravention of this Act;

(c) an order that the person pay to the Crown an amount determined by the court to be equal to a fair assessment or estimate of the financial benefit that the person, or an associate of the person, has gained, or can reasonably be expected to gain, as a result of the commission of an offence against this Act.

49—General defence

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 a failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

50—Criminal jurisdiction of ERD Court

Offences constituted by this Act lie within the criminal jurisdiction of the ERD Court.

51—Confidentiality

(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

(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: $10 000.

(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: $10 000.

52—Service

(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 fax or email to a fax number or email 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.

53—Evidentiary provisions

(1) In any proceedings, a certificate executed by the Minister certifying as to a matter relating to—

(a) a permit or whether a person held a permit; or

(b) the appointment or non-appointment of a person as an authorised officer; or

(d) a notice, order or authorisation of the Minister under this Act; or

(e) any other decision of the Minister,

constitutes proof of the matters so certified in the absence of proof to the contrary.

(2) An apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed by the Minister or an authorised officer will be accepted as such in the absence of proof to the contrary.

(3) In proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer will be accepted as proof of the distance, height, depth or position in the absence of proof to the contrary.

(4) In proceedings for an offence against this Act, a statement made in evidence by an authorised officer that a place or area described or indicated by him or her was or was not within a specified marine park or zone or other area within a marine park will be accepted as proof of the matter so stated in the absence of proof to the contrary.

(5) In any proceedings for the recovery of reasonable costs incurred by the Minister under this Act, a certificate executed by the Minister detailing the costs and the purpose for which they were incurred constitutes proof of the matters so certified in the absence of proof to the contrary.

54—Regulations

(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) exempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions; or

(b) prescribe fees to be paid in respect of any matter under this Act and provide for the payment of fees by instalments and for the recovery or waiver of fees or instalments of fees; or

(d) fix expiation fees for alleged offences against this Act or the regulations (being a fee not exceeding $750); or

(e) make provision facilitating proof of the commission of offences against the regulations.

(3) Regulations under this Act may—

(a) be of general application or limited application; or

(b) make different provision according to the matters or circumstances to which they are expressed to apply; or

(c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.

Schedule 1—Related amendments

Part 1—Preliminary

1—Amendment provisions

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 mandatory provisions insert:

marine park has the same meaning as in the Marine Parks Act 2007;

(2) Section 3, definition of Minister for the Adelaide Dolphin Sanctuary—delete the definition

(3) Section 3—after the definition of public authority insert:

relevant Act means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or

(b) in relation to a marine park—the Marine Parks Act 2007; or

relevant Minister means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

(b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

(c) in relation to a River Murray Protection Area or the Murray-Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;

(4) Section 3—after the definition of River Murray Protection Area insert:

specially protected area means—

(a) the Adelaide Dolphin Sanctuary; or

(b) a marine park; or

3—Amendment of section 11—Nature and content of policies

Section 11(3a) and (3b)—delete subsections (3a) and (3b) and substitute:

(3a) Insofar as an aquaculture policy applies within a specially protected area or the Murray-Darling Basin, the policy must seek to further the objects and objectives of the relevant Act and of any relevant policy or plan prepared under the relevant Act, and in particular, should contain prescribed criteria to this effect.

4—Amendment of section 12—Procedures for making policies

Section 12(7a), (7b) and (7c)—delete subsections (7a), (7b) and (7c) and substitute:

(7a) The Minister must not approve a draft policy that will apply within a specially protected area without the concurrence of the relevant Minister.

(7b) If the Minister to whom this Act is committed and a relevant Minister cannot reach agreement in a case where subsection (7a) 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

(1) Section 4—after the definition of council insert:

marine park has the same meaning as in the Marine Parks Act 2007;

(2) Section 4—after the definition of private land insert:

relevant Act means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or

(b) in relation to a marine park—the Marine Parks Act 2007; or

relevant Minister means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

(b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

(c) in relation to the River Murray or the Murray-Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;

(3) Section 4—after the definition of restricted area insert:

specially protected area or resource means—

(a) the Adelaide Dolphin Sanctuary; or

(b) a marine park; or

6—Amendment of section 14—General duties of Board

Section 14(3) and (4)—delete subsections (3) and (4) and substitute:

(3) The Board must, if—

(a) taking any action within or in relation to a specially protected area or resource or the Murray-Darling Basin; or

(b) taking any action under this or any other Act that is likely to have a direct impact on a specially protected area or resource,

take into account, and seek to further, the objects and objectives of the relevant Act.

7—Amendment of section 20—Management plan

Section 20(12) and (13)—delete subsections (12) and (13) and substitute:

(12) In preparing or reviewing a management plan that could affect a specially protected area or resource, the Board must consult with, and have regard to the views of, the relevant Minister.

Part 4—Amendment of Development Act 1993

8—Amendment of section 4—Definitions

(1) Section 4(1)—after the definition of locality insert:

marine park has the same meaning as in the Marine Parks Act 2007;

(2) Section 4(1)—after the definition of Minister for the Adelaide Dolphin Sanctuary insert:

Minister for Marine Parks means the Minister to whom the administration of the Marine Parks Act 2007 is committed;

9—Amendment of section 10A—Special provision relating to constitution of Development Assessment Commission

(1) Section 10A—delete subsection (5) and substitute:

(5) The Minister must consult—

(a) with the Minister for the River Murray with a view to including on the list 1 or more persons who, in the opinion of the Minister for the River Murray, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of the River Murray; and

(b) with the Minister for the Adelaide Dolphin Sanctuary with a view to including on the list 1 or more persons who, in the opinion of the Minister for the Adelaide Dolphin Sanctuary, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of the Adelaide Dolphin Sanctuary; and

(c) with the Minister for Marine Parks with a view to including on the list 1 or more persons who, in the opinion of the Minister for Marine Parks, have extensive knowledge of, or experience in dealing with, issues that are relevant to the protection or management of Marine Parks.

(2) Section 10A(6)—delete "If" and substitute:

Subject to subsection (6a), if in the opinion of the Minister

(3) Section 10A(6)—after paragraph (b) insert:

(c) a marine park within the meaning of the Marine Parks Act 2007—the Minister must make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person approved by the Minister for Marine Parks.

(4) Section 10A—after subsection (6) insert:

(6a) If it appears that a development or project may have a significant impact on any aspect of more than 1 of the areas referred to in subsection (6), that subsection does not apply and the Minister must—

(a) make an appointment under subsection (1) and the person so appointed, or at least 1 person so appointed, must be a person who, in the Minister's opinion, has an appropriate background in relation to the areas concerned; or

(b) after consultation with the Ministers for the areas concerned, appoint a person who, in the Minister's opinion, has an appropriate background in relation to the areas concerned.

10—Amendment of section 22—The Planning Strategy

Section 22(3a)—after paragraph (b) insert:

and

11—Amendment of section 24—Council or Minister may amend a Development Plan

(1) Section 24(1)—after paragraph (fb) insert:

(fba) where the purpose of the amendment is to promote consistency with a management plan for a marine park established under the Marine Parks Act 2007—by the Minister;

(2) Section 24(3)—delete subsection (3) and substitute:

(3) Subject to subsection (3a), if a proposed amendment to a Development Plan by a council or the Minister—

(a) relates to any part of the Murray-Darling Basin—the Minister must consult with and have regard to the views of the Minister for the River Murray; or

(b) relates to any part of the Adelaide Dolphin Sanctuary—the Minister must consult with and have regard to the views of the Minister for the Adelaide Dolphin Sanctuary; or

(c) relates to any part of a marine park—the Minister must consult with and have regard to the views of the Minister for Marine Parks.

(3) Section 24(4)—delete subsection (4)

(4) Section 24(5)—delete ", (3) and (4)" and substitute:

and (3)

(5) Section 24(6)(a)—after "(3)" insert:

(a)

12—Amendment of section 34—Determination of relevant authority

Section 34(1)(b)—after subparagraph (viii) insert:

(ix) the Minister, acting at the request of the Minister for Marine Parks, 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 a marine park,

13—Amendment of section 46B—EIS process—Specific provisions

(1) Section 46B(4)—after paragraph (cb) insert:

(cc) if the development or project is to be undertaken within, or is likely to have a direct impact on, a marine park, the extent to which the expected effects of the development or project are consistent with—

(i) the prohibitions and restrictions applying within the marine park under the Marine Parks Act 2007; and

(ii) the general duty of care under that Act;

(2) Section 46B(5)(a)—after subparagraph (ib) insert:

(ic) 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, a marine park, refer the EIS to the Minister for Marine Parks; and

14—Amendment of section 46C—PER process—Specific provisions

(1) Section 46C(4)—after paragraph (cb) insert:

(i) the prohibitions and restrictions applying within the marine park under the Marine Parks Act 2007; and

(ii) the general duty of care under that Act;

(2) Section 46C(5)(a)—after subparagraph (ib) insert:

(ic) 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, a marine park, refer the PER to the Minister for Marine Parks; and

15—Amendment of section 46D—DR process—Specific provisions

(1) Section 46D(4)—after paragraph (cb) insert:

(cc) if the development is to be undertaken within, or is likely to have a direct impact on, a marine park, the extent to which the expected effects of the development are consistent with—

(i) the prohibitions and restrictions applying within the marine park under the Marine Parks Act 2007; and

(ii) the general duty of care under that Act;

(2) Section 46D(5)(a)—after subparagraph (ib) insert:

(ic) must, if the DR relates to a development that is to be undertaken within, or is likely to have a direct impact on, a marine park, refer the DR to the Minister for Marine Parks;

16—Amendment of section 48—Governor to give decision on development

Section 48(5)—after paragraph (db) insert:

(dc) if it appears to the Governor that the development may have an impact on any aspect of a marine park—

(i) the prohibitions and restrictions applying within the marine park under the Marine Parks Act 2007; and

(ii) the general duty of care under that Act; and

Part 5—Amendment of Environment Protection Act 1993

17—Substitution of sections 10A and 10B

Sections 10A and 10B—delete the sections and substitute:

10A—Matters to be taken into account in relation to specially protected areas

The Minister, the Authority and all other bodies and persons involved in the administration of this Act must, if taking any action under this Act within or in relation to—

(a) any part of the Adelaide Dolphin Sanctuary within the meaning of the Adelaide Dolphin Sanctuary Act 2005—

(i) seek to further the objects and objectives of that Act; and

(ii) take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under that Act; or

(b) any part of a marine park within the meaning of the Marine Parks Act 2007—

(i) seek to further the objects of that Act; and

(ii) take into account the provisions of the management plan for the marine park under that Act; or

(i) seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act (insofar as they may be relevant); and

(ii) take into account the provisions of the River Murray Implementation Strategy under that Act.

Part 6—Amendment of Fisheries Management Act 2007

18—Amendment of section 3—Interpretation

(1) Section 3(1), definition of Minister for the Adelaide Dolphin Sanctuary—delete the definition

(2) Section 3(1), definition of Minister for the River Murray—delete the definition

(3) Section 3(1)—after the definition of register of exemptions insert:

relevant Act means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or

(b) in relation to a marine park—the Marine Parks Act 2007; or

relevant Minister means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

(b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

(4) Section 3(1)—after the definition of sell insert:

specially protected area means—

(a) the Adelaide Dolphin Sanctuary; or

(b) a marine park; or

19—Amendment of section 7—Objects of Act

Section 7(4)—after paragraph (c) insert:

and

(d) insofar as this Act applies to areas within a marine park, seek to further the objects of the Marine Parks Act 2007.

20—Amendment of section 54—Applications for licences, permits or registrations

Section 54(8)—delete subsection (8) and substitute:

(8) The Minister must, before determining an application that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.

21—Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited

Section 78(3) and (4)—delete subsections (3) and (4) and substitute:

(3) The Minister must, before making a decision on an application for a permit that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.

22—Amendment of section 79—Temporary prohibition of certain fishing activities etc

Section 79(3) and (4)—delete subsections (3) and (4) and substitute:

(3) The Minister must, on the request of the relevant Minister, make a declaration under subsection (1), or vary or revoke such a declaration, in relation to a fishing activity undertaken in respect of a specially protected area.

23—Amendment of section 115—Exemptions

Section 115(2) and (3)—delete subsections (2) and (3) and substitute:

(2) The Minister must, before making an exemption that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.

Part 7—Amendment of Harbors and Navigation Act 1993

24—Amendment of section 3—Objects of this Act

Section 3—after paragraph (g) insert:

(h) insofar as this Act applies to a marine park, to further the objects of the Marine Parks Act 2007.

25—Amendment of section 4—Interpretation

Section 4(1)—after the definition of land insert:

marine park has the same meaning as in the Marine Parks Act 2007;

26—Substitution of section 14A

Section 14A—delete the section and substitute:

14A—Matters to be taken into account in relation to specially protected areas

The Minister, the CEO, an authorised person or any other person engaged in the administration of this Act must, if taking any action under this Act—

(a) that is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary—

(i) seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and

(ii) take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005, (insofar as may be relevant); or

(b) that is within a marine park, or likely to have a direct impact on a marine park—

(i) seek to further, the objects of the Marine Parks Act 2007; and

(ii) take into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant).

27—Amendment of section 26—Licences for aquatic activities

Section 26(2b)—delete subsection (2b) and substitute:

(2b) If the licence is to be granted in relation to waters that form part of—

(a) 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 2005 is committed; or

(b) a marine park—the CEO must consult with and have regard to the views of the Minister to whom the administration of the Marine Parks Act 2007 is committed.

Part 8—Amendment of Historic Shipwrecks Act 1981

28—Amendment of section 3—Interpretation

Section 3(1)—after the definition of inspector insert:

marine park has the same meaning as in the Marine Parks Act 2007;

29—Amendment of section 15—Permits for exploration or recovery of shipwrecks and relics

Section 15(3a), (3b), (3c) and (3d)—delete subsections (3a), (3b), (3c) and (3d) and substitute:

(3a) If an application for a permit relates to a historic shipwreck or historic relic located within—

(a) the Adelaide Dolphin Sanctuary—

(i) the Minister must, in considering the application, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 and take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under that Act; and

(ii) if so required under the regulations—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 2005 is committed; or

(b) a marine park—

(i) the Minister must, in considering the application, seek to further the objects of the Marine Parks Act 2007 and take into account the provisions of the management plan for the marine park under that Act; and

(i) the Minister must, in considering the application, seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act and take into account the provisions of the River Murray Act Implementation Strategy under that Act; and

(ii) if so required under the regulations—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 River Murray Act 2003 is committed and comply with the Minister's directions (if any) in relation to the application.

Part 9—Amendment of Mining Act 1971

30—Amendment of section 6—Interpretation

(1) Section 6(1)—after the definition of machinery insert:

marine park has the same meaning as in the Marine Parks Act 2007;

(2) Section 6(1), definitions of Minister for the River Murray and Minister for the Adelaide Dolphin Sanctuary—delete the definitions

(3) Section 6(1)—after the definition of registered representative insert:

relevant Act means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or

(b) in relation to a marine park—the Marine Parks Act 2007; or

relevant Minister means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

(b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

(c) in relation to a River Murray Protection Area or the Murray-Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;

(4) Section 6(1)—after the definition of River Murray Protection Area insert:

specially protected area means—

(a) the Adelaide Dolphin Sanctuary; or

(b) a marine park; or

31—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 the following insofar as they may be relevant:

(a) the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005;

(b) the objects of the Marine Parks Act 2007;

(d) the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

32—Amendment of section 28—Grant of exploration licence

Section 28(9), (10), (11) and (12)—delete subsections (9), (10), (11) and (12) and substitute:

(9) If an application for an exploration licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(10) If an application for an exploration licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister 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).

33—Amendment of section 30A—Term and renewal of licence

Section 30A(7), (8) and (9)—delete subsections (7), (8) and (9) and substitute:

(7) If an application for the renewal of an exploration licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(8) If an application for the renewal of an exploration licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—

(a) on whether a renewal should be granted; or

(b) if a renewal is granted, on the conditions to which the exploration licence should be subject,

34—Amendment of section 35—Application for lease

Section 35(2b), (2c), (2d) and (2e)—delete subsections (2b), (2c), (2d) and (2e) and substitute:

(2b) If an application for a mining lease relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(2c) If an application for a mining lease is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister 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,

35—Amendment of section 38—Term and renewal of mining lease

Section 38(5), (6) and (7)—delete subsections (5), (6) and (7) and substitute:

(5) If an application for the renewal of a mining lease relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(6) If an application for the renewal of a mining lease is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—

(a) on whether a renewal should be granted; or

(b) if a renewal is granted, on the conditions to which the mining lease should be subject,

36—Amendment of section 41A—Grant of retention lease

Section 41A(3b), (3c), (3d) and (3e)—delete subsections (3b), (3c), (3d) and (3e) and substitute:

(3b) If an application for a retention lease relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(3c) If an application for a retention lease is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister 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,

37—Amendment of section 41D—Term and renewal of retention lease

Section 41D(5), (6) and (7)—delete subsections (5), (6) and (7) and substitute:

(5) If an application for the renewal of a retention lease relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(6) If an application for the renewal of a retention lease is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—

(a) on whether a renewal should be granted; or

(b) if a renewal is granted, on the conditions to which the retention lease should be subject,

38—Amendment of section 52—Grant of miscellaneous purposes licence

Section 52(3b), (3c), (3d) and (3e)—delete subsections (3b), (3c), (3d) and (3e) and substitute:

(3b) If an application for a miscellaneous purposes licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(3c) If an application for a miscellaneous purposes lease is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister 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,

39—Amendment of section 55—Term and renewal of miscellaneous purposes licence

Section 55(5), (6) and (7)—delete subsections (5), (6) and (7) and substitute:

(5) If an application for the renewal of a miscellaneous purposes licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(6) If an application for the renewal of a miscellaneous purposes licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—

(a) on whether a renewal should be granted; or

(b) if a renewal is granted, on the conditions to which the miscellaneous purposes licence should be subject,

40—Amendment of section 59—Use of declared equipment

Section 59(1ab), (1ac), (1ad) and (1ae)—delete subsections (1ab), (1ac), (1ad) and (1ae) and substitute:

(1ab) If an application for an authorisation to use declared equipment relates to an area within or adjacent to a specially protected area, the Director of Mines must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(1ac) If an application for an authorisation is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister 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 relevant Minister 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 Natural Resources Management Act 2004

41—Amendment of section 75—Regional NRM plans

Section 75(5)—after paragraph (e) insert:

(ea) any relevant management plan under the Marine Parks Act 2007; and

42—Amendment of section 89—Amendment of plans without formal procedures

Section 89(2)—after paragraph (a) insert the following word and paragraph:

(ab) to achieve greater consistency with the provisions of a management plan under the Marine Parks Act 2007,

Part 11—Amendment of Offshore Minerals Act 2000

43—Insertion of Chapter 1 Part 1.5

Chapter 1—after Part 1.4 insert:

Part 1.5—Interaction with Marine Parks Act 2007

37A—Interaction with Marine Parks Act 2007

The Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any activities or proposed activities relate to an area that forms part of a marine park under that Act).

Part 12—Amendment of Petroleum Act 2000

44—Amendment of section 4—Interpretation

(1) Section 4(1), definition of Minister for the Adelaide Dolphin Sanctuary—delete the definition and substitute:

marine park has the same meaning as in the Marine Parks Act 2007;

(2) Section 4(1)—after the definition of regulated substance insert:

relevant Act means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or

(b) in relation to a marine park—the Marine Parks Act 2007; or

(3) Section 4(1)—after the definition of relevant court insert:

relevant Minister means—

(a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

(b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

(c) in relation to a River Murray Protection Area or the Murray-Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;

(4) Section 4(1)—after the definition of repealed Act insert:

River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;

specially protected area means—

(a) the Adelaide Dolphin Sanctuary; or

(b) a marine park; or

45—Substitution of section 6A

Section 6A—delete the section and substitute:

6A—Interaction with other legislation

The Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant:

(a) the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005;

(b) the objects of the Marine Parks Act 2007;

(d) the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

46—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 or renewal of a licence relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

(3) If an application for the grant or renewal of a licence is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—

(a) on whether a licence should be granted or renewed; or

(b) if a licence is granted or renewed, on the conditions to which the licence should be subject,

47—Substitution of sections 103A and 103B

Sections 103A and 103B—delete the sections and substitute:

103A—Specially protected areas

(1) If a statement (or revised statement) of environmental objectives applies to a specially protected area or the Murray-Darling Basin, the Minister must not approve the statement (or revised statement) without the concurrence of the relevant Minister.

(2) If the Minister to whom the administration of this Act is committed and the relevant Minister cannot reach agreement, 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 13—Amendment of Petroleum (Submerged Lands) Act 1982

48—Insertion of section 5A

After section 5 insert:

5A—Interaction with Marine Parks Act 2007

The Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any operations or proposed operations relate to an area that forms part of a marine park under that Act).

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