Aquaculture Variation Regulations 2006 (SA)
South Australia
Aquaculture Variation Regulations 2006
under the Aquaculture Act 2001
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Aquaculture Regulations 2005
Insertion of regulation 3A
3AApproval of Minister
Insertion of regulations 28A and 28B
28ADivision of lease area
28BDivision of licence area
Variation of regulation 31—Exemptions
Variation of Schedule 1—Fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Aquaculture Variation Regulations 2006.
2—Commencement
These regulations come into operation on the day on which they are made.
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 2005
4—Insertion of regulation 3A
After regulation 3 insert:
3A—Approval of Minister
(1)An approval given by the Minister under these regulations to a licensee may be subject to conditions.
(2)A licensee must comply with the conditions of an approval given to the licensee by the Minister under these regulations.
Maximum penalty: $5 000.
Expiation fee: $315.
5—Insertion of regulations 28A and 28B
Before regulation 29 insert:
28A—Division of lease area
(1)The Minister may, on application by the holder of a development lease or production lease for division of the lease area into separate lease areas—
(a)substitute the original lease with leases of the same kind over the separate lease areas; and
(b)substitute the corresponding licences relating to the original lease with corresponding licences relating to the substituted leases.
(2)The following rules apply to the substitution of leases and corresponding licences under this regulation:
(a)there must be no change in the persons holding a lease or corresponding licence;
(b)the substituted leases must be for the balance of the term of the original lease;
(c)the lease areas of the substituted leases must together make up the lease area of the original lease;
(d)the area in which a licensee is authorised to carry on aquaculture must not be altered;
(e)the conditions of a substituted lease or corresponding licence must be the same as the conditions of the original lease or corresponding licence, except for conditions designating a lease area or licence area, conditions relating to marking out the boundaries of a lease area or licence area or conditions relating a licence to a lease.
(3)An application for division of a lease area into separate lease areas—
(a)must be made to the Minister in the manner and form required by the Minister; and
(b)must be accompanied by a plan delineating—
(i)the lease area of the original lease; and
(ii)the licence areas of the corresponding licences relating to the original lease; and
(iii)the separate lease areas into which the original lease area is to be divided; and
(iv)the licence areas of the corresponding licences that are to relate to the substituted leases over the separate lease areas; and
(c)must be accompanied by the fee set out in Schedule 1.
(4)The applicant must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration.
(5)While a licensee continues to hold a number of corresponding licences over adjoining licence areas as a result of the substitution of the licences under this regulation, the licences will, for the purposes of these regulations, be treated as a single licence held by the licensee over the aggregate of the adjoining licence areas.
28B—Division of licence area
(1)The Minister may, on application by the holder of an aquaculture licence for division of the licence area into separate licence areas, substitute the original licence with licences over the separate licence areas.
(2)The following rules apply to the substitution of licences under this regulation:
(a)there must be no change in the persons holding a licence;
(b)the substituted licences must be for the balance of the term of the original licence;
(c)the licence areas of the substituted licences must together make up the licence area of the original licence;
(d)the conditions of a substituted licence must be the same as the conditions of the original licence, except for conditions designating a licence area or conditions relating to marking out the boundaries of a licence area.
(3)An application for division of a licence area into separate licence areas—
(a)must be made to the Minister in the manner and form required by the Minister; and
(b)must be accompanied by a plan delineating—
(i)the licence area of the original licence; and
(ii)the separate licence areas into which the original licence area is to be divided; and
(c)must be accompanied by the fee set out in Schedule 1.
(4)The applicant must provide the Minister with any information required by the Minister in connection with the determination of the application, verified, if the Minister so requires, by statutory declaration.
6—Variation of regulation 31—Exemptions
Regulation 31—after subregulation (3) insert:
(4)The following exemptions apply in relation to an application by a transitional lessee for the grant of a development lease over the transitional lease area, and an application by a transitional licensee for the grant of a corresponding licence relating to such a development lease:
(a)section 32 of the Act does not apply—the development lease may be granted to the transitional lessee in respect of an area whether or not it comprises or includes State waters within an aquaculture zone;
(b)section 33 of the Act does not apply—the development lease may be granted to the transitional lessee without an allocation process being undertaken;
(c)section 50(1)(b) of the Act does not apply—the Minister may decide that a corresponding licence will be granted containing specified conditions in connection with the application by the transitional lessee for the development lease without causing public notice of the application to be published.
(5)For the purposes of this regulation—
(a)a transitional lease is a production lease purportedly granted under clause 3 of the Schedule of the Act to a person who was, immediately before the commencement of that clause, an applicant for a licence authorising aquaculture operations; and
(b)a transitional lessee is a person who, immediately before the commencement of this subregulation, held a transitional lease or a lease derived from a transitional lease (whether or not through a purported transfer of the lease and whether or not there has been any purported alteration of the boundaries of the lease area); and
(c)a lease will be taken to be derived from a transitional lease if the lease is one of a number of leases purportedly substituted for the transitional lease; and
(d)a transitional licensee is a person who, immediately before the commencement of this subregulation, held a corresponding licence purportedly granted in relation to a transitional lease or a lease derived from a transitional lease.
7—Variation of Schedule 1—Fees
Schedule 1—after paragraph (g) insert:
(h)application for division of lease area into separate lease areas (regulation 28A)—$745;
(i)application for division of licence area into separate licence areas (regulation 28B)—$745.
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's Deputy
with the advice and consent of the Executive Council
on 19 January 2006
No 11 of 2006
MAFF05/0045CS
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