Aquaculture (Simplify) Variation Regulations 2017 (SA)

South Australia

Aquaculture (Simplify) Variation Regulations 2017

under the Aquaculture Act 2001

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Aquaculture Regulations 2016

4            Insertion of regulation 4B

4B          Meaning of variation of licence conditions

5            Variation of regulation 39—Annual fees for licences

Part 1—Preliminary

1—Short title

These regulations may be cited as the Aquaculture (Simplify) Variation Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which Part 2 of the Statutes Amendment and Repeal (Simplify) Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Aquaculture Regulations 2016

4—Insertion of regulation 4B

Before regulation 5—insert:

4B—Meaning of variation of licence conditions

For the purposes of the definition of variation of licence conditions in section 3 of the Act, the following matters are excluded from the ambit of the definition:

(a)the division of a licence area into separate licence areas in accordance with regulation 34;

(b)the amalgamation of licence areas into a single licence area in accordance with regulation 35.

5—Variation of regulation 39—Annual fees for licences

Regulation 39(4)—delete subregulation (4) and substitute:

(4)For the purposes of section 53(2) of the Act, the penalty for failure to pay an annual fee is—

(a)if the annual fee is being paid in instalments—an amount equal to 10% of the unpaid balance of the instalment; or

(b)in any other case—an amount equal to 10% of the fee.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 22 June 2017

No 87 of 2017

DPC17/027CS