South Australian Current Acts South Australian Current Acts (1) An applicant for a
permit under this Act—
(a) must
make the application in a manner and form determined by the
relevant authority; and
(b)
must, subject to subsection (2), pay to the relevant authority the
appropriate fee fixed by regulation in respect of the permit at the time of
the application.
(2) The relevant
authority may, if satisfied that there are special reasons for doing so, remit
the whole or any portion of any fee payable in respect of the grant of a
permit under this Act.
(2a) The
relevant authority may refuse to grant a permit under any provision of this
Act if, in the relevant authority's opinion—
(a) the
applicant is not a fit and proper person to hold the permit; or
(b) to
grant the permit would be prejudicial to the interests of conservation; or
(c) the
applicant should fulfil certain requirements specified by the
relevant authority before the permit is granted and the applicant has not
fulfilled those requirements.
(2b) If a permit
granted under any provision of this Act relates to an activity that is to be,
or may be, undertaken within a River Murray Protection Area, the permit must
be consistent with the objects of the River Murray Act 2003 and the
Objectives for a Healthy River Murray under that Act.
(2c) If an application
for a permit under any provision of this Act relates to an activity that is to
be, or may be, undertaken within a River Murray Protection Area and is within
a class of applications prescribed by the regulations for the purposes of this
provision (which class may be prescribed so as to consist of applications for
all such permits), the relevant authority must, before making a decision on
the application—
(a)
consult the Minister to whom the administration of the River Murray
Act 2003 is committed; and
(b)
comply with the Minister's directions (if any) in relation to the application
(including a direction that the application not be granted, or that if it is
to be granted, then the permit be subject to conditions specified by the
Minister).
(2d) If a permit
granted under any provision of this Act relates to an activity that is to be,
or may be, undertaken within the Adelaide Dolphin Sanctuary, the permit must
be consistent with the objects and objectives of the
Adelaide Dolphin Sanctuary Act 2005 .
(2e) If an application
for a permit under any provision of this Act relates to an activity that is to
be, or may be, undertaken within the Adelaide Dolphin Sanctuary and is within
a class of applications prescribed by the regulations for the purposes of this
provision (which class may be prescribed so as to consist of applications for
all such permits), the Minister must, before making a decision on the
application, consult with and have regard to the views of the Minister to whom
the administration of the Adelaide Dolphin Sanctuary Act 2005 is
committed.
(3) A permit—
(a) is
subject to such limitations, restrictions and conditions as the
relevant authority thinks fit and includes in the permit; and
(b) may,
if the holder of the permit has in the opinion of the relevant authority
contravened or failed to comply with any limitation, restriction or condition
of the permit, be revoked by the relevant authority by instrument in writing
served personally or by post upon that person; and
(c) may
be revoked by the relevant authority by instrument in writing served
personally or by post upon the holder of the permit if, in the opinion of the
relevant authority, it is in the interests of conservation to do so.
(4) Without limiting
the conditions upon which a permit relating to animals may be granted under
this Act, those conditions may—
(a)
provide for marking, or otherwise identifying, animals to which the permit
relates; and
(b)
require the holder of the permit to report the escape, illness or death of any
animal to which the permit relates; and
(c)
require the holder of the permit to report to the relevant authority the birth
of any progeny to the animals to which the permit relates.
(4a) 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.
(5) 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.
(6) Where—
(a) a
permit is granted for a term of more than 12 months; and
(b) the
permit includes a condition that entitles the holder of the permit to
surrender it to the relevant authority; and
(c) the
holder of the permit surrenders the permit 12 months or more before its
specified term expires,
a proportionate part of the fee paid for the permit reflecting each complete
year of the unexpired term is payable by the relevant authority to the former
holder of the permit.
(7) Where—
(a) a
hunting permit granted under section 68A authorises the hunting of ducks
but does not authorise the hunting of any other animal; and
(b)
during the whole of a particular year of the term of the permit it is not
legally possible to hunt ducks pursuant to the permit because the relevant
authority has not declared an open season under section 52 for duck
hunting in any part of the State to which the permit applies,
the term of the permit is extended by one year without the payment of a fee in
respect of the extension.
(7a) A permit granted
under a provision of this Act may be transferred only if it is a permit for a
prescribed activity or a permit of a prescribed class and the transfer
complies with any prescribed conditions.
(8) In this
section—
"relevant authority" means—
(a) in
relation to a permit issued by, or to be issued by, a co-management board for
a co-managed park constituted of Aboriginal-owned land—the co-management
board for the park; or
(b) in
any other case—the Minister.